Business Law I Final Term Paper

Download this Term Paper in word format (.doc)

Note: Sample below may appear distorted but all corresponding word document files contain proper formatting

Excerpt from Term Paper:

Business Law Final

The case involving John is a part of a pattern of behavior that is designed to benefit him at all costs. This has made him more egotistical in his dealings with others by knowingly violating the law. As he is has been indicated and never found guilty 10 times. This is problematic, as it is giving John and his associates a sense of aloofness. To effectively curtail these activities a review needs to be conducted of what illicit dealings he is involved in. This will be accomplished by focusing on: the key facts / issues in the case, the way the rule of law applies, how they are relevant to this circumstance and what conclusions can be drawn. Together, these elements will demonstrate how John is knowingly breaking the law based upon his actions.

To determine the different facts of the case, there will be a focus on: the issues, rules, applications and conclusions (IRAC method). This will provide specific insights that will highlight the options prosecutors have available in going after John. Once this takes place, is when they can prevent his actions from causing further problems in the future.

What are the key facts and Issue in the case?

There are many different facts / issues that are considered to be relevant to this case. The most notable include:

John is defrauding the government by cashing the checks of dead veterans for two months and then reporting it to actuaries.

He is using these profits to open up businesses.

John believes that he is above the law and will engage in any kind of activities that he feels appropriate to include: attacking employees who cheat him and threatening the family of competitors.

He is in possession of a tiger that attacked a 16-year-old boy.

He is purchasing and selling different notes in an effort to increase his profit margins.

These different elements are illustrating how John is continuing to engage in actions that are considered to be criminal. Where, he is trying to hide behind his position, in order to justify his behavior.

What rules of law apply to the case?

There are many different laws that John is violating. The most notable include:

18 U.S.C. § 371 (Conspiracy to Defraud the United States): This is law states that anyone who is involved in a conspiracy to defraud the U.S. government of property or money is in violation of the statue. The language says that two people must play a role in committing these kinds of activities.

However, the U.S. Supreme Court has ruled that this provision can be applied to anyone who is intentionally defrauding the U.S. government. Evidence of this can be seen with the Supreme Court saying (in Hammerschmidt v. United States), "The general purpose of this part of the statute is to protect governmental functions from frustration and distortion through deceptive practices. Section 371 reaches any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of government. The defraud part of section 371 criminalizes any willful impairment of a legitimate function of government, whether or not the improper acts or objective are criminal under another statute." This is illustrating how John is in direct violation of the statue based upon the scheme that he is running (i.e. defrauding the government of dead veterans' checks). ("18 U.S.C. § 371")

The Racketeer Influence and Corrupt Organization Act (RICO): This is a federal law that allows prosecutors to go after anyone who is a part of criminal enterprise. Some of the different violations that fall under this statute include: embezzlement, fraud, obstruction of justice and money laundering. John is violating this provision by using his illegal funds to run legitimate businesses (in an effort to hide the gains). ("18 USC Chapter 96")

Assault: John is in violation of state laws on assault. This occurred when he attacked an employee for stealing from him with a baseball bat (effectively cracking his skull). Under the statute, this occurred with him intentionally attacking this person in the counting room (at one of his businesses). Moreover, the threat that he made against another nightclub owner falls under this basic definition. This is because he is creating fear that the other person will be the subject of bodily harm. (Larson)

Attempted Murder: This is when someone will engage in actions without disregard for human life. The way John attacked his employee, is illustrating how he knowingly wanted to inflict harm upon this person. ("Attempted Murder")

The law controlling exotic animals: In this case, John could be in violation of the law by possessing a tiger (which may be banned in the state or he is required to have a license). There is also the possibility that no regulations would apply. However, this depends upon the state that John is living in. ("Summary of State Laws")

Negotiable Instrument without Recourse, Holder in Due Course and Fraud: Under this aspect of the law, John has to honor any kind of promissory notes that are sold to another party. At the same time, the deal that he made with Shady Sam is considered to be fraud. This is because John and Shady misrepresented the facts of the case to another buyer (who is suing the original party). ("Uniform Commercial Code") ("Fraud Laws")

How are the rules of law applied to the particular facts and circumstances of this case?

There are many different laws that can be applied to the facts and circumstances of the case. As far as 18 U.S.C. § 371 (Conspiracy to Defraud the United States) is concerned, John is intentionally stealing money from the U.S. government. This is considered to be in violation of the law by knowingly hiding and defrauding federal officials.

Moreover, the RICO statutes are applicable. This is because the illegal funds were used to create legitimate businesses to hide the gains that John was making. These elements are showing how John should be arrested and charged with violating these federal laws.

The statues on assault are relevant in the case involving: John threatening another nightclub owner and his family with violence. A few days later, when he saw an employee stealing money from him, is that point that John grabbed a bat and hit him in the head (cracking his skull). After this happened, John said, "Nobody steals from me." This is illustrating how John engaged in activities that are physically harming others or threatening them with violence.

Under the law, John should be arrested by local authorities for the attack on the employee. Moreover, one could potentially argue that John engaged in attempted murder by grabbing a blunt instrument and hitting the person the way he did. This is highlighting how he went into the situation with the intention of causing bodily harm to this employee (which could be considered to be attempted murder based upon: the malice and intent of the perpetrator). The fact that he was disregarding human life is an indication that John violated this portion of the law. As a result, John should be arrested immediately for the assault and attempted murder.

The laws on exotic animals may or may not apply based upon the state that John lives in and if he has a permit. However, he is subject to damages that the animal caused to the 16-year-old boy when he escaped. In this aspect, animal control and the police should remove the tiger out of concern for public safety.

The negotiable instrument without recourse and holder in due course, means that John must honor the deal he made with William. As the sale of the promissory note to Frank is William forfeiting his rights to proceeds from the transaction. However, John also engaged in similar transaction with a car that was knowingly…[continue]

Cite This Term Paper:

"Business Law I Final" (2012, May 07) Retrieved December 7, 2016, from

"Business Law I Final" 07 May 2012. Web.7 December. 2016. <>

"Business Law I Final", 07 May 2012, Accessed.7 December. 2016,

Other Documents Pertaining To This Topic

  • Business Law Arbitration Agreements Arbitration in Business

    Business Law: Arbitration Agreements Arbitration in business law is a method used for mediating contradictions between the parties to an agreement. Arbitration agreements make the requirement that the arbitrators, or those who are over the arbitration discussions and the ultimate agreement are neutral parties and in no way in support of either of the parties to the arbitration process. According to one sources arbitration is "one of the dispute resolution processes being

  • Business Law the Federal District Court for

    Business Law The federal district court for the district in which the State of Confusion resides will have jurisdiction over the constitutionality of the B-Hitch Statute. The lawsuit by Tanya Trucker will be heard in federal court because the federal courts have jurisdiction over issues of federal questions. This suit concerns a matter for the federal courts because the issue is "whether a state statute which interferes with commerce in the

  • Business Law Memorandum of Law Parties Alpha

    Business Law MEMORANDUM OF LAW PARTIES Alpha- Alpha is a company that makes photocopier machines. Alpha sends a quote to Beta offering a sale. Betabond- Betabond is a company who needs to purchase a photocopier machines. When Betabond receives a quote from Alpha they respond with a purchase order. FACT PATTERN Alpha sent Betabond a quote offering to sell a photocopier machine for $150,000 to be delivered in 2 months. Alpha's quote included a statement that the

  • Business Law 6 Case

    Com" from an Internet host in Maryland to a host in New York. The New York host turned out to be merely an intermediary of a Canada-based company (Tucows). Tucows eventually turned over the domain name to the Alabama authorities upon their request. Thereafter, Novak appealed the decision in the Alabama case successfully and then filed an action against Tucows for illegally depriving him of his property by conversion. Tucows' defense

  • Business Law False Advertising it Is Ethically

    Business Law: False Advertising It is ethically and legally important to remain truthful in advertising. Companies are not allowed to attract customers with false advertisement. Legally speaking, a company can come under attack for promising something it doesn't mean to deliver or changing the terms of delivery of those promises when customer makes a demand. But several times, businesses especially small business owners might use bait and switch advertising tactic to

  • Laws Relating to Different Businesses Laws Related

    Laws Relating to Different Businesses Laws Related to Different Businesses Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy

  • Business Law Issues in

    Unlike Baxendale, there were no special circumstances outside of the normal business considerations that would have required specific communication to the contractor as to the nature of potential losses to Jose arising from a completion delay. Ordinary knowledge would have been sufficient for the contractor to know that his delay would also delay the opening of the cafe. The lawyer advised Jose that Jose was liable to the contractor

Read Full Term Paper
Copyright 2016 . All Rights Reserved