Commercial Law Essays (Examples)

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Law of Sales and the Uniform Commercial Code

Words: 1271 Length: 4 Pages Document Type: Essay Paper #: 38528898

Business Law

Law of sales and Uniform Commercial Code

Business law in most cases deals with the laws governing sale of goods and the implications making sales. This paper aims to concentrate on the explanations regarding the UCC, which is the Uniform Commercial Code, and its effects on the governing of sale of goods in general. The article will also identify and critically explain the applications of the Uniform Commercial Code, which are relative to the Zabriskie Chevrolet Inc. Vs. Smith case. There will also be immense discussions related to the public policy considerations that are supportive of the Zabriskie case.

Law of sales and Uniform Commercial Code

The Uniform Commercial Code is an instituted committee that has the obligation to provide timely data and information together with providing training opportunities to the people engaging in commercial law, otherwise known as Business law. The code deals especially with the commercial…… [Read More]

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Commercial Legal Issues

Words: 575 Length: 2 Pages Document Type: Essay Paper #: 70460151

Business Law

Businesses and the Law

Commercial, criminal, and civil laws are important for all a new business just starting up. In fact, a business has to be very careful in regards to how it navigates around legal standards and laws that could lead to detrimental consequences if broken. As JOE Sports Store opens on campus, it faces unique legal issues, regarding both traditional civil law and additional regulations placed by the university since it is located on campus.

First and foremost, JOE Sports Store has to comply with federal and state laws regarding its operations and behaviors. The biggest concern here is how the business pays and treats its employees. Employment law is a major field of commercial law, and covers issues of advocating lawful work environments and pay structures for employees. Ultimately, this means that the company will have to pay employees at least the stated minimum wage,…… [Read More]

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Commercial Use of Ground Water

Words: 836 Length: 3 Pages Document Type: Essay Paper #: 81742978

Commercial Use of Michigan Groundwater

Appropriately named the "Great Lakes State," Michigan is the only state whose borders lie completely within the world's largest system of fresh surface water, the Great Lakes basin, which constitutes 18% of the world's water supply.(4)

Traditionally, Michigan has relied primarily on "riparian" rights analyses derived from English common law to regulate the commercial use of its largest natural resource. Since riparian concepts focus primarily on the relative rights of competing users of surface waters, there has, until very recently, been comparatively little regulation of the underground springs or aquifer system which feeds the surface water system, or of the rights of the state to control removal of water resources for use or sale elsewhere.

On November 25, 2003, Mecosta County Circuit Court Judge Lawrence Root issued a lengthy opinion that finally addressed the problem and defined many of the issues under the laws of…… [Read More]

Bibliography

1. Howlett, D., Water Battle Dredges Up Acrimony; USA Today (June 22, 2003)

Accessed at http://www.greatlakesdirectory.org/mi/062203_great_lakes.htm

2. Michigan Citizens for Water Conservation v. Nestle Waters North America Inc.

49th Judicial Circuit Mecosta County Circuit Court Opinion (Nov 25, 2003) Accessed at http://www.envlaw.com/decisions/MCWC2.txt
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Commercial Business of Helicopters

Words: 1823 Length: 6 Pages Document Type: Essay Paper #: 63336109

Commercial helicopter industry is clearly a growth industry. The numbers and kinds of uses that have been found for the industry and all its players are vast and will likely continue to grow in both diversity and number over the next 50+ years. Currently the commercial helicopter industry provides services for thousands of private, corporate and often civil organizations and individuals ranging in diversity of task from land and wildlife surveys to pleasure viewing. The industry answers the call for disaster relief, firefighting and many other important public tasks as well, often contracted through private industry helicopter companies for those who do not wish to or do not have the means to support independent fleets of their own. Yet, increasingly there is a shortage of qualified pilots to fly the existing helicopters both nationally and internationally.

The basic change was one that was expected by the industry but has not…… [Read More]

Phillips, E.H. (2000). Genav Feeling Pinch of Tight Pilot Market. Aviation Week & Space Technology, 153(15), 106.

Rimmer, D. (2000). Sierra Adds Career Helicopter Training. Business & Commercial Aviation, 86(4), 28.

Vigil, K. (2006, September 14). Helicopter firm sets record pace. Pueblo Chieftain, The (CO).
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Commercial & Current Trends Commercial Risk Management

Words: 622 Length: 2 Pages Document Type: Essay Paper #: 82681395

Commercial & Current Trends

Commercial Risk Management

Commercial interest in risk management is on the rise. Employers wish to hire healthy employees to cut absenteeism and productivity issues. Lenders want borrowers with long, productive lives. Advertisers, marketers, and drug companies seek to tailor material to target healthcare providers and patient populations. Health insurers want to avoid high risk consumers. Educational institutions seek students with the greatest potential. lackmailers attempt to extort payments from ones with the greatest potential harm from disclosures. People dating want to obtain information on a lover to evaluate health and longevity (Hoffman, 2007).

There is a significant up trend in client losses linked to security breaches that release personal identifiable information (Kelly, 2007). With the economy in a recession, more and more consumers are unable to pay bills. These issues are causing huge losses for companies and consumers that have to pay the bills and absorb…… [Read More]

Bibliography

Faucheux, M. (2009, Nov 8). Emerging Trends in Risk Management. Retrieved from Bright Hub PM:  http://www.brighthubpm.com/risk-management/55050-emerging-trends-in-risk-management/ 

Heineman, R. & . (n.d.). The Future of Risk Management: A Proactive Approach. Retrieved from NC State University: http://www.poole.ncsu.edu/erm/index/php/articles/entry/proactive-risk-management

Hoffman, S. & . (2007). SECURING THE HIPAA SECURITY RULE. Journal of Internet Law, 10(8), 1-16.

Kelly. (2007). Computer Crime Losses Double. Business Insurance, 4(40), 41.
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Commercial Surrogacy the Issue of

Words: 5044 Length: 13 Pages Document Type: Essay Paper #: 1967115



For example, the 1984 British government committee report suggested that "it is inconsistent with human dignity that a woman should use her uterus for financial profit and treat it as an incubator for someone else's child," in part because this threatens to undermine the traditional belief in an inviolable mother-child bond.

Opponents who criticize commercial surrogacy from this perspective frequently attempt to differentiate between commercial surrogacy and "altruistic" surrogacy, in which a surrogate carries a child without a fee, but this distinction is merely nominal, because the lack of an explicit payment structure does not make the decision to become a surrogate any less transactional, and furthermore, the potential for exploitation exists in either case.

Before considering how the law actually treats surrogacy, then, it is becoming clear that a general prohibition on commercial surrogacy represents a kind of undue restriction on the personal and financial autonomy of women, because…… [Read More]

References

BERKHOUT, S.G., 2008. Buns in the Oven: Objectification, Surrogacy, and Women's

Autonomy. Social Theory and Practice,34(1), pp. 95-117.

BRINSDEN, P.R., APPLETON, T.C., MURRAY, E., HUSSEIN, M. And AL, E., 2000.

Treatment by in vitro fertilisation with surrogacy: Experience of one British centre.
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Commercial Aviation Industry Was Already

Words: 4603 Length: 15 Pages Document Type: Essay Paper #: 4794062

The combination of such broad language and the paucity of any significant enforcement tools meant that these initiatives were largely ineffective.

Not surprisingly, complaints from passengers increased by 200% within the year; furthermore, flight delays continued to increase 12% faster in the first five months of 2000 than in the same period in 1999. "Indeed, in the twelve months following the airlines' voluntary promises, flight delays cost business travelers 5 billion dollars and 1.5 million hours" (osenthal, 2002, p. 1859). The number of delays caused National Business Travel Association Executive Director Marianne McInerney to conclude that "[w]e are at a point where our nation's airline system is in need of triage" (osenthal, 2002, p. 1859). Some observers would suggest that radical surgery is required rather than triage, and these issues are discussed further below.

Security Issues and Passenger Satisfaction. When people travel on an airline, they have a legitimate right…… [Read More]

References

Asker, J.R. (1999, October 25). Why are passengers so angry at carriers? Aviation Week and Space Technology, 50.

Freidheim, C. (1998). The trillion-dollar enterprise: How the alliance revolution will transform global business. Reading, MA: Perseus Books.

Galpin, T.J. (1998). When leaders really walk the talk: Making strategy work through people. Human Resource Planning, 21(3), 38.

Gips, M.A. (2004, June). Passenger screening in no-fly zone? Government efforts to work the kinks out of the latest passenger screening proposal seem mired in the battle between privacy and security. Security Management, 48(6), 62.
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Commercial Aviation Safety in the

Words: 2496 Length: 9 Pages Document Type: Essay Paper #: 3557962

The background checks can take months and months, so they're walking around with a card in the meantime & #8230;That's why so many of these airport employees are arrested so long after the fact, and are continuing to be arrested in sweeps by the Justice Department. When the information finally

does come back, they see they've got somebody out there that has a felony and lied on his application, or has a warrant out, or is in the country illegally"

(Sperry, 2003).

Civil ights Issues in Passenger Screening

While the security protocols in relation to typical potential "weapons" in the possession of passengers are fundamentally flawed, federal authorities working with British security services did identify a specific threat in 2006 that precipitated necessary precautions against more than a certain amount of liquid allowed per passenger. Unlike the other senseless concern over nail files and cosmetic scissors, this precaution was justified…… [Read More]

References

Dershowitz, a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:

Little Brown & Co.

Dyer, C., McCoy, R., Rodriguez, J., Van Duyn, D. "Countering Violent Islamic

Extremism" the FBI Law Enforcement Bulletin; Vol. 76 No. 12: 3-9 (2007).
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Commercial and Art Film a

Words: 1837 Length: 6 Pages Document Type: Essay Paper #: 72428617

The way that the director deals with the response of the various characters to the disaster is also filled with psychological depth and intrigue. The film also deals with the way that people respond to situations of life and death. Others would argue that the depth and intellectual range of a film like Titanic is not nearly as intensively "artistic" as Wild Strawberries. In other words, the suggestion is that there is an intrinsic difference between these two films.

On the one hand I would agree that Wild Strawberries is much more complex and "artistic" film than a commercial film like Titanic. One of the reasons for this view is that Wild Strawberries demands a much more intensive response and is more thought-provoking than Titanic. On the other hand one also has to acknowledge that Titanic has moments of depth and insight, even though it is a more popular and…… [Read More]

References

Stutsman B. FILM AS ENTERTAINMENT VS FILM AS ART. Retrieved November 14,

2009, from http://www.theauteurs.com/topics/649?page=1#comment_47555

Sims M. Art of Titanic Michael. Retrieved November 14, 2009, from http://www.bookpage.com/books-5547-
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Securities Law

Words: 1313 Length: 4 Pages Document Type: Essay Paper #: 75099828

Corporation Transactions and Misrepresentation of Financial eports

Business law also called commercial law is a branch of civil law that governs business as well as, commercial transactions, and deals with both the private and public law. The branch created to ensure that, they are no exploitation and manipulation of people as well as rules and regulation in order to benefit some members of a business. This means that should one break or manipulate the rules and regulation in his favor. The or she must face the court in accordance with the law. With legal rights of all investors considered as an important element of the business law, we examine the board changes within the filling of the shareholder derivative lawsuits and might not be frivolous. Also, lack of highly competent employees within a business can lead to tremendous losses and to some extent closure of the business in accordance with…… [Read More]

Reference list

Arlen, J. (1994). The Potentially Perverse Effects of Corporate Criminal Liability, the Journal of Legal Studies 23 (June), 833.

Becker, G.S. (1968). "Crime and Punishment: An Economic Approach." Journal of Political Economy 76 (March/April), 169-217.

Zingales, L. (2004). The Costs and Benefits of Financial Market Regulation, European Corporate Governance Institute working paper 21/2004
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Laws and Extra Legal Doctrines

Words: 1160 Length: 4 Pages Document Type: Essay Paper #: 32261946

Rule of Law and Extra-Legal Doctrines

The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality. Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it. "The legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the…… [Read More]

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Law and Ethics

Words: 1477 Length: 4 Pages Document Type: Essay Paper #: 14400826

trade libel is fair to business owners. Argue both sides of the issue.

From the general public's viewpoint, the definition of trade liable is accurate. This is because the store detained someone they accused of shoplifting. To determine where the stolen item was hiding; they effectively conducted a strip search by revealing private areas. At one point, Cockrell (the plaintiff) had to remove a bandage that was use to cover a recent scar from a liver transplant. He asked security not to remove it and they insisted. This is a clear violation, as the security at Wal Mart has no right to conduct these activities. Instead, they should have detained the person and contacted the police. (Statsky, 2011)

Wal Mart will argue that shoplifting is a major problem and they were following proper procedures. This occurs by bring the subject into an isolated area and checking them. After they have…… [Read More]

References

Cheesman, H. (2009). The Legal Environment of Business. New York, NY: Pearson.

McHugh, P. (2011). Product Liability for Negligence. Out Law. Retrieved from: http://www.out- law.com/topics/commercial/supply-of-goods-and-services/product-liability-for- negligence/

Statsky, W. (2011). Essentials of Torts. Mason, OH: Cengage.

Steinberg, M. (2009). Understanding Securities Law. Hoboken, NJ: Wiley.
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Law and Business When Glenn

Words: 5286 Length: 20 Pages Document Type: Essay Paper #: 17345660

During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).

Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.

Conceptually, civil law is a group…… [Read More]

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Commercial and Government Contracting the Differences Between

Words: 681 Length: 2 Pages Document Type: Essay Paper #: 32053621

Commercial and Government Contracting

The Differences Between the Formation of Commercial and Government Contracts

When a business moves from the commercial contracting marketplace to the government procurement world it must ensure a clear understanding of the specific rules and regulations to which it will be a party (Manos, 2004; Oyer, 2005). There are inherent risks in working with the government, but businesses that are careful with what they do can mitigate those risks and manage them effectively and efficiently (Barnett, 2003). There are four distinct areas where government and commercial contracting differ, and these are: kickbacks, false statements, false claims, and antitrust issues (Murphy, 2005; McKendrick, 2005). It is important to address all four of these in order to ensure that the differences between the two types of contracting are more easily understood.

In the commercial market, kickbacks are not illegal. For example, a subcontractor can offer to kickback a…… [Read More]

References

Barnett, R.E. (2003). Contracts New York: Aspen Publishers

McKendrick, E. (2005). Contract Law - Text, Cases and Materials London: Oxford University Press

Manos, K.L. (2004). Government Contract Costs & Pricing. New York: Thomson-West

Murphy, J.E. (2005). Guide to Contract Pricing: Cost and Price Analysis for Contractors, Subcontractors, and Government Agencies. New York: Management Concepts.
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Law Enforcement and Leadership

Words: 3596 Length: 10 Pages Document Type: Essay Paper #: 64911253

Leadership

A comparison of Law Enforcement with Other Professions

Who first comes to mind when you think of a 'Leader'? Is it Alexander the Great? Napoleon? Winston Churchill? Gandhi? Leadership is an interesting phenomenon to consider, from the perspective of civilization, of nations, of political change, and of history. What makes one person a leader while another tries and fails? What is a good leader and how is that different from a 'great' leader? The definition of leadership also varies with the context and with the individual who is defining leadership. The nature of leaders has changed as civilization has evolved, and the leaders we as a society need today may be different from those of a century ago. A national leader is distinct from a local leader, a oy Scout leader, or a team leader in a sport.

Thus, definitions of leadership vary with the situation. However, they include…… [Read More]

Bibliography

Avery, G.C. (2004) Understanding Leadership: Paradigms and Cases. London: Sage

Avolio, B.J. (1999) Full Leadership Development: Building the Vital Forces in Organizations. Thousand Oaks, CA: Sage.

Bittner, Egon (1970). The functions of the police in modern society: a review of background factors, current practices, and possible role models. Washington, D.C.: National Institute of Health, Center for Studies of Crime and Delinquency.

Boedker, C., Vidgen, R., Meagher, K., Cogin, J., Mouritsen, J. And Runnalls, M. (2011). Leadership, culture and management practices of high performing workplaces in Australia: The High Performing Workplaces Index. Society for Knowledge Economics: Sydney.
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Law of International Banking

Words: 6320 Length: 15 Pages Document Type: Essay Paper #: 44268359

Regulation of anks

anks are an important aspect of any modern economy. They provide financing for commercial businesses, access to payment systems and a variety of financial services for the economy as a whole. The integral role that banks play in the national economy is demonstrated by the need for and practice of banking regulation and as part of the lessons learnt from the recent global financial crisis, provides a government safety net to compensate depositors when banks fail thus providing depositor protection.[footnoteRef:1] One of the main reasons why banking regulation is vital is because of systemic risks; the risk that financial difficulties at one or more banks spill over to a large number of other banks or the financial system as a whole. Systemic risks were traditionally bank -- based. ank regulators traditionally focused on systemic risk in the banking sector while securities regulators traditionally focused on investor protection…… [Read More]

Bibliography

Allen, F. And Douglas, G. 2000. Comparing Financial Systems. MIT Press: Cambridge. MA.

Barth, J.R.., Caprio, G. And Levine, R. 2001. "Banking Systems Around the Globe:

Do Regulations and Ownership Affect Performance and Stability?" In Prudential Supervision: What Works and What Doesn't, ed. Frederic S. Mishkin. University of Chicago Press: Chicago, IL.

Boyd, J.H., Chun, C. And Smith, B.D. 1998. Moral Hazard Under Commercial and Universal Banking. Journal of Money, Credit, and Banking. 30: 426-468.
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Law of Business Organizations

Words: 2815 Length: 11 Pages Document Type: Essay Paper #: 44746969

Australia's Corporation Act 2004

Australia Corporations Corporation Act 2004

The purpose of this research is to investigate the Corporations Act 2004 (Cth) in relation to the protection it provides for investors of non-profit corporations. Through research of the Trade Practices Act, current case law and the Australian Investment and Securities Commission provide an overview of what has changed in the regulations for corporations in Australia in 2004 thus far.

Australian Supreme Court sated in 2003 that: "the governance of corporate entities comprehends the framework of rules, relationships, systems and processes within and by which authority is exercised and controlled in corporations." Australia has recently implemented new regulations which, enhance and harmonize corporation law.

The alignment of the regulations with elements that are known to be those of a competent and responsible board of directors in view of strategy determination, performance review, risk management, internal control regulation and reporting to shareholders…… [Read More]

Bibliography

Swire, Mary (2004) "New Australian Corporate Governance Regime Now in Force" Lowtax News Story 16 September 2004 [Online] available at http://lowtax.net/asp/story/storyaus.asp?

04-002 ASIC Focuses on Defective Debenture Prospectuses" (2004) Australia Securities and Investments Commission - 2004 Media Release 04-002 ASIC [Online] available at http://www.asic.gov.au.asic/asic_pub.nsf/byheadline/04-004+ASIC+focuses+on+defective

04-001 ASIC Protects over $456 Million in Shareholders Funds" (2004) Australia Securities and Investments Commission - 2004 Media Release 04-001 ASIC [Online] available at http://www.asic.gov.au.asic/asic_pub.nsf/byheadline/04-004+ASIC+focuses+protects+over+$465

Parliamentary Secretary issued to Treasurer (2004) Corporation Amendment Regulations 2004: Statutory Rules 2004. [Online] available at: www.asic.com
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Laws and International Trade

Words: 3140 Length: 10 Pages Document Type: Essay Paper #: 76863000

Intrenational Business

Governing Language

Governing Law and Forum Selection

Arbitration

Boilerplate Language in International Contracts

USA-Brazil Trade: ules of Trade

Other Important Agreement and Laws Governing U.S. and Brazilian Trade

Comparison of Arbitration in South Carolina and Brazil

Conflicts arising out of contracts between international trading parties are on the increase with the rise and increase in international business and international trade. The courts that would hear and decide matters related to business conflicts between trading partners would look to the express terms of the contract as well as the applicable law within which the contracts have been formed and agreed upon by the two parties belonging to two different countries when one party considers the other party's actions to be a breach of the contract. The legal contract and the contents of the contract would be the basis on which courts would decide in arbitration cases and in cases…… [Read More]

References

Ahmadi, Maryam, and Leila Ahmadi. 'Intellectual Property Rights Of Nanobiotechnology In Trade Related Aspects Of Intellectual Property Rights Agreement (TRIPS)'. j bionanosci 6.1 (2012): 56-64. Web.

Bacc-ga.chambermaster.com,. 'News - Brazilian-American Chamber Of Commerce Of The Southeast (BACC-SE)'. N.p., 2015. Web. 3 Nov. 2015.

Bahmani-Oskooee, Mohsen, Hanafiah Harvey, and Scott W. Hegerty. 'Brazil -- "U.S. Commodity Trade And The J-Curve'. Applied Economics 46.1 (2013): 1-13. Web.

Berger, Klaus Peter. Private Dispute Resolution In International Business. The Hague: Kluwer Law International, 2006. Print.
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Laws Regarding Disabled Students

Words: 822 Length: 2 Pages Document Type: Essay Paper #: 36822008

ADA & Section 504

The author of this report is to answer two main questions when it comes to the law and its application. The first broad question relates to how IDEA, IDEIA, Section 504 and the ADA overlap to a fairly significant to degree. However, less focus is placed on Section 504 and the ADA a lot of the time and the author has been asked to highlight areas of those two laws and regulations that are significant as compared to IDEA. Second, there will be the description of two significant issues that relate to case law and overall court proceedings. The gist is that oen must ask which students are protected. egardless, there are concerns about things like placement, planning issues, evaluations, litigation and regulatory enforcement. While the enforcement of disability-related laws may seem cut and dry, there are some perceived gray areas and situations and there needs…… [Read More]

References

ADA. (2015). 2010 ADA regulations. ADA.gov. Retrieved 1 November 2015, from http://www.ada.gov/2010_regs.htm

A-Data. (2015). Peanut allergy at center of federal civil rights lawsuit for Michigan elementary student -- ADA National Network. Adata.org. Retrieved 1 November 2015, from https://adata.org/news/peanut-allergy-center-federal-civil-rights-lawsuit-michigan-elementary-student

Durheim, M. (2015). A parent's guide to Section 504 in public schools. GreatKids. Retrieved 1 November 2015, from http://www.greatschools.org/gk/articles/section-504-2/

IDEA. (2015). IDEA - Building The Legacy of IDEA 2004. Idea.ed.gov. Retrieved 1 November 2015, from http://idea.ed.gov/
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Law & Ethics

Words: 2135 Length: 7 Pages Document Type: Essay Paper #: 38386096

Unconsented Facebook Behavioral User Research

Facebook's 2012 involvement in a behavioral experiment on a series of its unknowing users

Case Presentation

There is much controversy with regard to Facebook's role in a scandal involving users being followed and exploited. The company is responsible for performing a study where 689,003 individuals on Facebook were manipulated in an attempt to determine how particular ideas influenced them. These respective users were divided in two groups: one of them was provided with news feeds containing positive information while the other was provided with news feeds containing negative information. As a consequence of the experiment, analysts determined that the first group was more likely to make positive posts while the second was inclined to post negative ideas.

Facebook's attempt to interfere with people's lives and analyze how this affected them raised a series of questions:

as this experiment ethical?

as this experiment legal?

To what…… [Read More]

Works cited:

Bakan, J. "Childhood Under Siege: How Big Business Targets Children." (Simon and Schuster, 9 Aug 2011)

Hill, K. "Facebook Added 'Research' To User Agreement 4 Months After Emotion Manipulation Study." Retrieved November 17, 2014, from http://www.forbes.com/sites/kashmirhill/2014/06/30/facebook-only-got-permission-to-do-research-on-users-after-emotion-manipulation-study/

Jacobsen, D., & Idziorek, J. "Computer Security Literacy: Staying Safe in a Digital World." (CRC Press, 27 Nov 2012)

Kramer, A.D.I. Retrieved November 17, 2014, from https://www.facebook.com/akramer/posts/10152987150867796
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Business Comparative Law and Business a Company

Words: 2004 Length: 8 Pages Document Type: Essay Paper #: 22198377

Business

Comparative Law and Business

A company has decided to expand its operations to another nation. The company is involved in information technology (IT) and is headquartered in Malaysia. The desire is to grow assets by beginning operations in Thailand. The fact that these are two separate countries makes the transition difficult, but it complicated by the fact that the two nations have different sets of laws which govern aspects of the transfer, and of the continuing operation of a Malaysian company in Thailand. Of primary concern is the contract law which exists in Thailand, and how those statutes direct a foreign company within Thai borders. It is the wish of the Malaysian company to maintain control in Malaysia not only for the company, but also for the settling of disputes. Since there are two different sets of laws that may govern a dispute, it is imperative that any potential…… [Read More]

References

X Arner, D.W., Booth, C.D., Lejot, P., & Hsu, P.F.C. (2007). Property rights, collateral creditor rights, and insolvency in East Asia. Texas International Law Journal, 42(3), 515-559.

CLW Malaysia. (2006). Laws of Malaysia: Contracts Act of 1950.

X Colon, R. (2011). Choice of law and Islamic finance. Texas International Law Journal, 46(2), 411-456.

X Davis, G.B., Ein-Dor, P., King, W.R., & Torkzadeh, R. (2006). IT offshoring: History, prospects and challenges. Journal of the Association for Information Systems, 7(11), 770-792.
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Role and Functions of Law in Business

Words: 946 Length: 3 Pages Document Type: Essay Paper #: 65342984

ole and Functions of Law in Business and Society

The relevance of law and order in both business and society cannot be overstated. In this text, I address both the functions as well as the role of law in business and society. In so doing, I will also state the primary role played by law in my present job industry.

In basic terms, law permeates almost every facet of our daily lives. To properly highlight the role law plays in business and society, there is a need to first define the term law. It is important to note from the onset that law as a term does not have an assigned definition. In that regard, scholars and legal experts have over time attempted to define law by floating various definitions of the same. One of those who have attempted to define law is William Blackstone. According to Mann and oberts…… [Read More]

References

Mann, R. & Roberts, B.S. (2012). Essentials of Business Law and the Legal Environment (11th ed.). Mason, OH: Cengage Learning

Melvin, S.P. (2011). The legal environment of business: A managerial approach: Theory to Practice. New York, NY: McGraw-Hill/Irwin.
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International Law and Its Enforcement

Words: 3184 Length: 8 Pages Document Type: Essay Paper #: 51972005



The judges of the Court of Appeal consequently ruled that this Convention applied to the transportation between Paris and Dublin. This overrode the airline's terms and conditions including those limiting its liability. Appeal Courts can review findings of fact, but more importantly business people responsible for shipments must understand their contracts and the implications of the various Conventions. This must be backed up by appropriate goods-in-transit insurance. The result is more administration and paperwork by keeping records of consignments and their values. If goods go missing, so that customers rightly refuse to pay their invoices, businesses must have sufficient compensation to put matters right (alker 2007, Conclusion section, ¶ 1-2).

Hans Lehmann (2006), Victoria University of ellington, New Zealand, explains that the traditional freight forwarder's market consists of managing the door to door transportation of goods which measure larger than parcels, yet smaller than bulk. The forwarder's market resells transport…… [Read More]

WORKS CITED

Barron, J. 2008. Do your homework: Cultivating an effective international business relationship takes time, dedication and preparation, but almost always pays out in the long run. Business Credit. National Association of Credit Management. HighBeam Research. Available at: http://www.highbeam.com/doc/1G1-177913876.html [07 October 2009].

Bourque, J. & de Sousa, P. 2005. Making sense of trade treaties: as world trade grows more complex, the rules for international business are also growing in number and intricacy. How can countries with limited resources spot and adopt the major trade treaties? And how can they participate in drafting new trade rules? International Trade Forum. HighBeam Research. Available at: http://www.highbeam.com/doc/1G1-144202591.html [Accessed 07 October 2009].

Cuniberti, G. 2006. Is the CISG Benefiting Anybody?. Vanderbilt Journal of Transnational Law. Volume 39, no. 5. Available at: http://www.questia.com/PM.qst?a=o&d=5019555353 [Accessed 06 October 2009].

International Law 2009. Available at: http://www.google.com/search?hl=en&rls=com.microsoft:en-us:IE-SearchBox&rlz=1I7TSHB_en&defl=en&q=define:international+law&ei=FkzNSsiKHISY8AamxpT4Aw&sa=X&oi=glossary_definition&ct=title [Accessed 07 October 2009].
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Australian Consumer Law ACL Is a Broad-Based

Words: 2059 Length: 6 Pages Document Type: Essay Paper #: 87243624

Australian Consumer Law (ACL) is a broad-based law the impacts both businesses and consumers. The ACL represents a unified codification of a variety of prior product liability laws. In fact, one of its main benefits is that the law is applicable throughout Australia. Another major component of the law is that it imposes a strict liability standard on manufacturers and suppliers of goods, which was not a uniform standard prior to the introduction of this law. This is a relatively new law; the need for it was identified in 2009 after a Productivity Commission reviewed existing consumer protection laws and found glaring inconsistencies, which made it difficult, if not impossible, to enforce those laws that did exist.

Perhaps the greatest change to the law is that the ACL is now a strict liability law. Strict liability "means that a breach may be committed without negligence" (The FindLaw Team, 2012). In…… [Read More]

References

Australian Competition & Consumer Commission. (2012). Overview of the Trade Practices

Act: Consumer protection provisions. Retrieved April 13, 2012 from Commonwealth of Australia website: http://www.accc.gov.au/content/index.phtml/itemId/788555

Australian Consumer Law: Memorandum of Understanding. (2010). Retrieved April 13, 2012

from Australian Consumer Law website: http://www.consumerlaw.gov.au/content/the_acl/downloads/acl_mou.pdf
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Company Law the Functions of Company Law

Words: 2252 Length: 7 Pages Document Type: Essay Paper #: 58462306

Company Law

The functions of company law

What is covered in the company law?

The legal implications of 'pre-registration contracts'

The Australian corporate law has seen major reforms in the last couple of years (Tomasic, Bottomley & McQueen,2002). For instance, section 131 of the Corporations Act 2001 dealing with pre-registration contracts is no-longer necessary. This is clearly illustrated by the lack of reported cases since the introduction of provisions for pre-registration contracts into the legislation. The provisions may have been relevant, even important, in a time when there were no shelf companies and we did not have the technology we have today. As this is no-longer the case it is time we simply reverted back to the common law on pre-registration contracts. The common law would make it simpler for the promoter, the company and the third party when making contracts let alone on matters of contractual liability. The purpose…… [Read More]

References

Anderson C, Dickfos J, Nehme M, Hyland M, Dahdal A,(2009) Corporations Law - Butterworths Focus Series, 3rd Edition Butterworths, Sydney 2009

Austin R.P. & Ramsay, I.,(2010) Ford's Principles of Corporations Law, Butterworths, Australia, 14th edition, 2010.

Baxt, R., and Fletcher, K.L., Fridman, S.,(2008) Corporations and Associations Cases and Materials on, Butterworths, Australia, 10th edition, 2008.

Boonzaier, MA (2010). Pre-incorporation contracts and the liability of the promoters. University of Pretoria.-
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Superior Court in Business Law One of

Words: 1405 Length: 4 Pages Document Type: Essay Paper #: 96500274

Superior Court

In business law, one of the ways that disputes are resolved is through going to court and presenting evidence to the judge about each party's position. They will render a verdict and award a judgment based upon case precedent and their interpretation of the law. To fully understand what is taking place requires carefully examining one case that is occurring. This is accomplished by: studying the citation of the case, facts, issues, the court's decision and legal reasoning. Together, these elements will highlight how this is affecting the way various statutes is interpreted and how the rule of law is enforced.

Citation of the case: The court case took place in Maricopa County Superior Court in Maricopa County, Arizona. The name of the case that was decided is Moray vs. Toyota Financial Services. Its case number is CV2012-097376. The time of the hearing took place at 10:30 AM…… [Read More]

References

Engram vs. JP Morgan Chase. (2010). Justia. Retrieved from: http://statecasefiles.justia.com/documents/arizona/court-of-appeals-division-one-unpublished/CV080635.pdf

Vehicle Repossession Laws in Arizona. (2013). E How. Retrieved from:  http://www.ehow.com/list_6301306_vehicle-repossession-laws-arizona.html 

APA Format. http://owl.english.purdue.edu/owl/resource/560/11/
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Business Law and Enforcing Contracts

Words: 1016 Length: 3 Pages Document Type: Essay Paper #: 87990401

Whichever party files the claim has the initial burden to establish that a valid contract existed (Halbert & Ingulli, 2009). In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls referring to the existence of the agreement will suffice to establish the existence of a valid enforceable verbal contract for services to be provided by Eddie. Credible testimony in court from witnesses who actually heard the conversation or to whom either party admitted the existence of the agreement would also establish the existence of a valid and enforceable contract (Halbert & Ingulli, 2008).

If Eddie breaches, Grace would be seeking the remedy of the compensation for any benefit of the bargain lost, such as where she subsequently ends up paying more for the same services. If Grace breaches, Eddie would be seeking his lost profit from the sale of…… [Read More]

References

Friedman, L.M. (2005). A History of American Law. New York: Touchstone.

Halbert, T., and Ingulli, E. (2008). Law & Ethics in the Business Environment.

Cincinnati, OH: West Legal Studies.
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Alternative Commercial Dispute Resolution A Critical Assessment

Words: 2235 Length: 5 Pages Document Type: Essay Paper #: 82226306

Alternative Commercial Dispute esolution: A Critical Assessment of the AD Mechanism in the Saudi Legal System and Practice

General review of Alternative Dispute esolution

The rationale of the AD movement. The benefits of using arbitration in particular in lieu of formal adjudication in the courts have attracted a growing amount of interest from the private sector around the world. For example, Davis and Katbeh (2009) point out that this process is especially evident in the politically unstable Middle East. According to these authorities, "Increasingly, commercial alternative dispute resolution (AD) programs are being created throughout the world. These AD centers provide a model of peaceful dispute resolution for other countries, particularly when they are located in a geographic area known for political conflict" (Davis & Katbeh, 2009, p. 67).

Certainly, Saudi Arabia is no stranger to political conflict, but there are some interesting aspects concerning commercial dispute resolution that are virtually…… [Read More]

References

Al-Nuwaiser, W.N. (2012, September). Reform of the Saudi Arbitration Law. Insight:

International Arbitration, 1-3.

Baudenbacher, C. (2008, Spring). Judicialization: Can the European model be exported to other parts of the world? Texas International Law Journal, 39(3), 381-393.

Bingham, L.B. (2004, Spring). Control over dispute-system design and mandatory commercial arbitration. Law and Contemporary Problems, 67(1-2), 221-229.
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School Law Dawson v East

Words: 715 Length: 2 Pages Document Type: Essay Paper #: 77896691

The court easily could have come to a contrary result, given that it denied most of the allegations of the plaintiff, other than the specific contention that the nature of this specific advertising was particularly inconsistent with state educational statues and school board policy. Even the plaintiff conceded that advertising in the form of school vending machines, yearbooks, sports scorecards, etc. had long been tolerated in schools, and would continue to be tolerated.

Question 2: What guidelines may administrators who are considering potential educational uses of commercially driven Internet technology draw from the above opinion?

The guidelines for school administers regarding advertising thus remain blurry. Video advertising is acceptable, but not the type of video advertising on Channel One. Regarding Internet advertising, it would seem that using the Internet to research material on websites where advertising may appear would be analogous to the permissible practice of taping programs from the…… [Read More]

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Business Law - 6 Case

Words: 1743 Length: 6 Pages Document Type: Essay Paper #: 8453886

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 to the action relied on a clause in their contract with Novak that specified a Canadian forum to resolve any disputes but Novak argued that an automatic process of "clicking through" a contract could not hold him to a forum selection clause that was not negotiated specifically.

Legal Issue:

Is a party to a contract held to a forum selection clause when that clause was not subject to a negotiation?

Decision:

The process of "clicking through" is commonly accepted…… [Read More]

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Business - Law Business Law

Words: 309 Length: 1 Pages Document Type: Essay Paper #: 46843251

Otherwise, employers need no specific reason or excuse to terminate at will employment "at will." Even at will employees probably have legal recourse if fired for refusing to obey a law, but in this case, the "urging" did not have legal authority, so the issue is moot.

3. The Sherman Antitrust Act and the Clayton prohibit such "tying" arrangements where the entity maintains extensive control of product supply. Federal antitrust laws are administrated by the Department of Justice and the Federal Trade Commission 4. The Equal Protection Clause (applied to the states through the Due Process Clause) prohibit such a firing of employees based on their religious affiliation or their specific religious practices. But refusal to comply with perfectly legal directives of the employer is not religious discrimination; it is dismissal for cause.… [Read More]

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Acquisition Law

Words: 667 Length: 2 Pages Document Type: Essay Paper #: 7440148

Acquisition Law on the Motorways

According to the Uniform Commercial Code (UCC), the sales transaction of a $60,000 Corvette automobile is a valid agreement to contract based on the material term of the bargained for exchange, with definite terms of recovery where not fulfilled by both parties. Definition of the contract as 'formal' is assumed here, yet other negotiable instruments and letters of credit may be involved where the Buyer stipulates inclusion of a third party lender in support of payment on the contract to the Offeror in full. The unknown factor related to the third party terms and enforceability is included as mention, rather than rule due to omission.

The UCC stresses bilateral agreement over unilateral promise, delineated by "manner of acceptance," in that it states that "the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing…… [Read More]

References

Perillo, J.M. (2003). Contracts Hornbook, 5th Edition. Eagan, MN: West.

Perillo, J.M. And Bender, H.H. (2007) Calamari's Cases and Problems on Contracts CPC, 5th Edition. Eagan, MN: West.
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Gilbert's Summaries Contracts the Law

Words: 5347 Length: 18 Pages Document Type: Essay Paper #: 78221030

Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.

The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…… [Read More]

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Legal Traditions in American Law

Words: 852 Length: 2 Pages Document Type: Essay Paper #: 94874802

Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law" (Common law, 2008, law library). The law evolves with custom and interpretation, rather than remains fixed in stone.

Common law may be contrasted with civil law, which predominates in France and has had less influence on the law of the United States, except in Louisiana. Louisiana judges, unlike their common-law counterparts, are not bound to consider judicial precedent first, but may do so as an option. France exported the system of civil law to America when it established Louisiana as a colony in 1712. Even today, "the first article of the Louisiana Civil Code reads: 'The sources of law are legislation and custom' (LA C.C. Art. 1). This means that judges in Louisiana are obligated to look first to written laws for guidance in reaching their…… [Read More]

Works Cited

Civil law. (2008). The Law Library. Retrieved 8 Nov 2008 at  http://law.jrank.org/pages/5235/Civil-Law.html 

Common law. (2008). The Law Library. Retrieved 8 Nov 2008 at  http://law.jrank.org/pages/5444/Common-Law.html 

English law. (2008). The Law Library. Retrieved 8 Nov 2008 at  http://law.jrank.org/pages/6486/English-Law.html 

Roman law. (2008). The Law Library. Retrieved 8 Nov 2008 at  http://law.jrank.org/pages/9916/Roman-Law.html
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Paralegal Specialties International Law Paralegals in This

Words: 810 Length: 2 Pages Document Type: Essay Paper #: 23220141

Paralegal Specialties

International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.

Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).

Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.

Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They…… [Read More]

References

Bevans. (2009). Tort law for paralegals. New York: Aspen

Paralegals. (2011). Bureau of Labor Statistics (BLS). Retrieved February 24, 2011 at http://www.bls.gov/oco/ocos114.htm
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International Business Law Energytech Sonatrach

Words: 1110 Length: 3 Pages Document Type: Essay Paper #: 43351546

Moreover, it is highly unlikely that such a clause would apply in the case of a tort dispute, because the likely plaintiffs in a tort lawsuit would be people who were injured by a misuse of the Technology, rather than any party involved in the contract negotiations. When there is no choice of law provision, the courts look at several different factors to determine which law to apply and whether a court has jurisdiction. In contract disputes, the courts look at the place of contracting, the place where the negotiating took place, where the contract will be performed, the location of the subject matter, and the citizenship and place of business of the parties. In tort cases, the courts look at where the injury occurred, where the conduct causing the injury occurred, citizenship and place of business of the parties, and the place where the relationship between the parties occurred.…… [Read More]

Counsel Journal 71 (Oct. 2004): 402.

Office of Domestic Fianance. "Overview." Terrorism Risk Insurance Program. 2008. Department of the Treasury. 18 Aug. 2008 http://www.ustreas.gov/offices/domestic-finance/financial-institution/terrorism-insurance/.

Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. 2000e.
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Tort Business Law Questions Chapter 24

Words: 870 Length: 3 Pages Document Type: Essay Paper #: 16116001

Tort / Business Law Questions

Chapter 24 Product Liability: Warranties and Torts

The issue in this case is whether or not Maria Gonzalez and/on behalf of Angel would recover in a lawsuit against either Morflow or Robertshaw, alleging defects in the design of the water heater and failure to warn. The law of strict liability states that one who sells any product in a defective condition unreasonably dangerous to the user or consumer is subject to liability for physical harm caused to the user if the seller is engaged in the business of selling such a product and it is expected to or does reach the customer without substantial change in the condition in which it was sold. Failure to warn or give adequate directions involving an unreasonably dangerous product may provide grounds for strict liability, even where the product is not defective. In this case, both Morflow and Robertshaw…… [Read More]

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Autonomy of the Law the

Words: 2727 Length: 8 Pages Document Type: Essay Paper #: 48256805



The Appeal Court reversed the decision declaring that 922(q) is invalid as it interfered in state matters. The Federal government did not have the right to interfere in matters such as possession of firearms in or near a school. The significance of the case is that it once again highlighted the limits of the power of the federal government. Chief Justice ehnquist declared that the congress had the power to regulate the channels of commerce, the instrumentalities of commerce and actions that affected interstate commerce. The Lopez case was therefore considered outside the federal jurisdiction.

Heart of Atlanta (Motel) v. The United States'

This case related to the application of commerce powers and also involved racial discrimination. This case involved commerce clause and Civil ights Act. The Court ruled that Congress had the power to regulate a business that served interstate travelers. It also declared that racial discrimination disrupts commercial…… [Read More]

Reference: Nebbia v. New York, (http://www.oyez.org/oyez/resource/case/272/print)

The plaintiff, an owner of a Motel in Georgia, which is easily accessible to the two main interstate highways solicited its patronage from within Georgia as well as nationally, where 75% of it registered guests originate. Prior to the passage of the Civil Rights Act, the motel had a policy of refusing service to African-Americans, and intended to continue that practice. The issue in the case was that if the refusal of motel patrons who are African-American is in violation of Title II?
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Punitive Damages in Law

Words: 556 Length: 2 Pages Document Type: Essay Paper #: 44228065

Punitive Damages in Law

Punitive damages, which are also known as exemplary damages, are damages that are separate and in excess of the compensatory damages awarded to a plaintiff in a legal suit that is the result of some type of misconduct by the defendant. Punitive damages are intended to serve as a punishment for the defendant.

Punitive damages are not based on a victim's injuries. Instead, they are a way to punish the defendant for some type of negligence. Punitive damages are seen in cases where behavior that is so excessive that a civil court penalty is needed to deter the defendant from committing the same negligence again. For example, if a doctor practices without a license and botches an operation that disfigures a patient, the plaintiff may ask for punitive damages to penalize the doctor.

It is difficult to predict how large a punitive damages award will be,…… [Read More]

References

Corley, Robert. (1999). The Legal & Regulatory Environment of Business. Oxford University Press.
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A Concise Analysis of the Western Law

Words: 2921 Length: 8 Pages Document Type: Essay Paper #: 96171582

History Of the estern Law

Meaning - in legal terms - for nations to "stay the hand of vengeance"

Justice Robert Jackson, while delivering his opening speech in November 1945 during the infamous Nuremberg trials for war offenses, enjoined the leaders of the Allied forces to "stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law" (Bass, 424). According to Jackson, doing this would be "one of the most significant tributes that Power has ever paid to Reason." The combining factor in the winner's retribution in events like the botched trials at Constantinople and Leipzig after the first orld ar, the orld ar II Nuremberg trials, the Napoleon story and the on-going trial of the rulers of the Slobodan Milosevic's empire all point to an appreciation of the legal sector which has been well defined as "fixation on a process, a sense that…… [Read More]

Works cited

Bass, Gary Jonathan. Stay the hand of vengeance: the politics of war crimes tribunals. Princeton University Press, 2000. Print.

Chemerinsky, Erwin. "Fifty Years of Constitutional Law: What's Changed?" Utah Law Review, no. 5, 2016, p. 689. Web.

Fletcher, Laurel E., Harvey M. Weinstein, Patrick Vinck, and Phuong N. Pham. "Stay the hand of justice: whose priorities take priority?" Berkeley Law, (2010). Print.

Goldstone, Richard. For humanity: Reflections of a war crimes investigator. Yale University Press, 2000. Print.
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International Commercial Arbitration Has Been Helping the

Words: 870 Length: 3 Pages Document Type: Essay Paper #: 74330134

International commercial arbitration has been helping the international trade and commerce by being mediator in the occurrence of disputes. To know and learn of its powers, duties, and jurisdiction is essential to parties concerned in arbitration in the event of resolving disagreements.

This paper aims to provide information on International Commercial Arbitration. The powers, duties, and jurisdiction of the organization are included in this paper. Also, we shall examine in this paper the procedural aspects prevailing in the international arbitration, specific issues, as well as court proceedings. Part of which, being a judicial body, is the discussion of the basic and fundamental approach of laws of most governing arbitral institutions.

INTRODUCTION

In events when business parties from different countries have disputes concerning commercial problems, litigation process often leaves them in expensive and frustrating procedures of finding international courts to resolve their cases. Unfortunate sometimes, the judgment imposed by courts is…… [Read More]

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International Business Law There Are

Words: 3545 Length: 12 Pages Document Type: Essay Paper #: 61003035

In this particular case all three apply, because the Lloyds would take advantage of the age of the elder undy to exert pressure on him to sign the note.

Description of How the Law Applied to the Facts

The court applied four factors of the law to this case these include: that terms of the agreement were unfair, there were undue amount of pressure exerted, undy's bargaining power was severely limited and there was a lack of having independent financial advice. Together, these different principals of the law would lead the court to determine that an inequality of bargaining power existed. Under these different areas, undy was not of sound mind to make an accurate determination as to what was the right decision. Under the principals of English law, one is not obligated to agreements that were made without independent financial advice and there was property that was transferred. In…… [Read More]

Bibliography

Carr, Christopher. 'The Inequality of Bargaining Power.' (1975) 38 Modern Law Review, 4, 463 -- 466.

Giles, Peter. Concise Contract Law.(1988) [188 -- 190].

Irving, Shae. Nalo's Encyclopaedia of Everyday Law. (2008).

Waddam, S. Case Materials and Contracts. (2005) [604 -- 609].
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Case Law Error Analysis

Words: 1036 Length: 3 Pages Document Type: Essay Paper #: 66638866

Contract Law Mistakes Mutual Mistakes in Contract Law

Contract Law Mistakes

This paper will analyze a case that explores mistakes under contract law. Both of the parties will be investigated in this case. It will also study the concept of mutual mistake of fact, and whether rescission of the contract can be done.

Case Background

Supposing an individual, Josh Hartly wants to purchase a new automobile, and thus visits the local automobile dealer. During his negotiations with the salesperson, he states that he requires the 3.2 liter V-6 engine, not the 3.9 liter one, as he has doubts pertaining to the 3.9 liter engine's fuel economy. Josh then enters into a contract, and agrees to buy a car fitted with a 3.2 liter V-6 engine (Paper Instructions Provided by Customer). What neither the salesperson nor Josh was aware of was that the 3.2 liter and the 3.9 liter were no…… [Read More]

References

Legal Dictionary a., (n.d.). Mistake of Fact legal definition of Mistake of Fact. Retrieved August 3, 2015, from  http://legal-dictionary.thefreedictionary.com/Mistake+of+Fact 

Legal Dictionary. b., (n.d.).Rescission of contract legal definition of Rescission of contract. Retrieved August 3, 2015, from http://legal-dictionary.thefreedictionary.com/Rescission+of+contractPaper Instructions Provided By Customers

Welcome -- Judicial Education Center. (n.d.). The Uniform Commercial Code (UCC) -- Judicial Education Center. Retrieved August 3, 2015, from  http://jec.unm.edu/education/online-training/contract-law-tutorial/the-uniform-commercial-code-ucc
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Case Laws

Words: 2054 Length: 7 Pages Document Type: Essay Paper #: 99222646

Slaughterhouse Cases, Takings Clause

PART I Slaughterhouse Cases

198 U.S. 45 Lochner v New York 1904 (Oyez, 2013)

UNITED STATES SUPREME COURT

Joseph Lochner

The People of the State of New York

TALE OF AUTHORITIES

FACTS -- Lochner was convicted but he appealed to the Supreme Court and argued that the bakery labor law interfered with an employee's liberty to contract as guaranteed by the 14th Amendment.. The employee has the right to substantive due process of law.

A state law did not allow workers in the bakery business to work longer than 60 hours a week, willingly or not. Is this law consistent with the 14th Amendment? If so, which should prevail -- the citizens' right to contract the length of work hours or the state's right to control work hours?

ARGUMENT -- In a 5-4 decision, Justice Rufus Peckham ruled the akeshop Act was unconstitutional and reversed Lochner's…… [Read More]

BIBLIOGRAPHY

LII (2013). Nebbia v. New York. Legal Information Institute: Cornell University Law

School. Retrieved on November 30, 2013 from http://www.law.cornell.edu/supct/html/historics/USSV_CR_0291_0502__ZO.html

Lurie, J. (2003). Reflections on justice, Samuel F. Miller and the slaughterhouse cases:

still a meaty subject. Vol 1 # 1, NYU Journal of Law and Liberty: New York
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United States Has Had Varying Sales Laws

Words: 2193 Length: 7 Pages Document Type: Essay Paper #: 23945352

United States has had varying sales laws across its states thus making interstate sales contracts difficult to initiate and monitor. In this regard, following the increasing complexity of these contracts, attempts were made to create a multidisciplinary body of regulations regarding business transactions; this led to UCC's formation in the 1940s. Therefore, this paper highlights scenarios where the regulations outlined in the UCC are applicable.

Maurice Suing the Developer

Merely because the developer plans to adjoin his property with Maurice's does not make Maurice liable to sue him. By acting upon the developer's claim, Maurice is likely to sue for reliance; the promise that once the developer's property comes next to his, he will reap benefits but the developer changes his position. Maurice's reliance is not reasonable since he never had a contract with the developer; by the basis of adjoining his property with Maurice does not make the developer…… [Read More]

Reference

Kubasek, N., Browne, N.M., Giampetro-Meyer, A., Barkacs, L., Herron, D., Williamson, C., et al. (2012). Dynamic Business Law, 2nd Edition. McGraw-Hill Higher Education.
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Historical Influence on Current Criminal Law

Words: 1792 Length: 4 Pages Document Type: Essay Paper #: 55272342

criminal justice. Each question must be 300 words long.

Identify the requirements for the insanity plea in your jurisdiction and contrast this with the M'Naghten standard, the Brawner standard, ALI standard, and the Durham rule. Identify similarities and differences. Support you response with examples from your research and reading assignment.

In the 1843 case of the United Kingdom House of Lords Decisions of Daniel M'Naghten's, the court determined that an insanity plea to would hinge on whether the defendant knew what he was doing, or, if he did know what he was doing, did he know that it was wrong. In 1972,the U.S. v. Brawner case in the D.C. Circuit Court of Appeals determined not to involve the jury in the determination of the defendant's mental state. This decision was grounded in the ALI test of a Model Penal Code. The Brawner rule overturned the Durham Rule, which was overly…… [Read More]

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Business Foundations of Business Law

Words: 1502 Length: 4 Pages Document Type: Essay Paper #: 24506330

If a person to whom a ring is given can prove all three of these elements, then a court is likely to deem the ring to be a gift. Thus Heathcliff would have no claim to the ring at a future date in time.

eferences

"Alternative Dispute esolution - Guide to Alternative Dispute esolution Law," 2010, viewed 25 August 2010,

"Australian Family Law," 2010, viewed 25 August 2010,

< http://www.familycourt.gov.au/wps/wcm/connect/FCOA/home/about/FCoA/AFL_Overview>

"Australian Legal System Lecture 2 Case Law," n.d., viewed 25 August 2010, < http://www.google.com/url?sa=t&source=web&cd=9&ved=0CDEQFjAI&url=http%3A%2F%2Fwww.scribd.com%2Fdoc%2F36157559%2FTopic-2-The-Australian-Legal-System-20209&rct=j&q=Australian%20Legal%20System%20Lecture%202%20Case%20Law%20&ei=Njp1TI-AG4GAnwf3lI2kBg&usg=AFQjCNF4mVEaS2T-O84YTsbnHjkBn2TLGw&cad=rja>

"Lecture Five: Principle of Precedent," n.d., viewed 25 August 2010,

"Marriage Act,"1961, viewed 25 August 2010, < http://www.austlii.edu.au/cgi-bin/sinodisp/au/legis/cth/consol_act/ma196185/s111a.html?stem=0&synonyms=0&query=s111A>

"Top 2 The Australian Legal System," n.d., viewed 25 August 2010, < http://www.scribd.com/doc/36157559/Topic-2-The-Australian-Legal-System-20209>… [Read More]

References

"Alternative Dispute Resolution - Guide to Alternative Dispute Resolution Law," 2010, viewed 25 August 2010,

"Australian Family Law," 2010, viewed 25 August 2010,

< http://www.familycourt.gov.au/wps/wcm/connect/FCOA/home/about/FCoA/AFL_Overview>

"Australian Legal System Lecture 2 Case Law," n.d., viewed 25 August 2010, < http://www.google.com/url?sa=t&source=web&cd=9&ved=0CDEQFjAI&url=http%3A%2F%2Fwww.scribd.com%2Fdoc%2F36157559%2FTopic-2-The-Australian-Legal-System-20209&rct=j&q=Australian%20Legal%20System%20Lecture%202%20Case%20Law%20&ei=Njp1TI-AG4GAnwf3lI2kBg&usg=AFQjCNF4mVEaS2T-O84YTsbnHjkBn2TLGw&cad=rja>
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Damages the Law of Damages

Words: 2998 Length: 9 Pages Document Type: Essay Paper #: 65478848

Under tort law, injured parties are entitled to compensatory damages which include both general damages for pain and suffering and disfigurement and special damages which include payment for loss of past and future earnings and past and future medical expenses. The awarding of compensatory damages is totally within the discretion of the jury. Under the common law, the plaintiff is entitled to a single lump sum payment. Some states have begun to limit the amount that plaintiffs can receive as a result of a personal injury or wrongful death due to the present political unpopularity of personal injury actions.

Other affected by the losses caused by personal injury actions are also entitled to seek recovery. Some examples of such individuals include spouses, children, employers of the injured party. The damages available for such individuals vary depending on the circumstances of the relationships and how the relationship is affected.

VIII. Fraud…… [Read More]

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Legal Employment Scenario Employment Law

Words: 1318 Length: 4 Pages Document Type: Essay Paper #: 5223702

To the precedent of Paula's case, a prominent case, which exemplified the sometimes institutionalized presence of inappropriate sexuality in the workplace, came to light when "eight women and one man were fired from a North Mankato (MN) women's shelter because (allegedly) they refused to fit into the sexually charged atmosphere created by a few staff members." (Lang, 1) the clarity of motives for their collective dismissal aligned the decision directly with Title VII.

Still, the burden of proof, as is underlying in the constitutionality of our criminal and civil law systems, lay with the plaintiff. Thus, even if such incidences are said to have occurred, the judicial examination of any case would demand a prying deconstruction of the claim and the individual making said claim. Therefore, it will fall upon Paula to prove that Sam had made inappropriate and unwanted sexual advances toward her and further, that her refusal to…… [Read More]

Works Cited:

Jessica, S.N. (2008). at-Will Employment Dismissal Law. EHOW. Online at http://www.ehow.com/about_5272311_atwill-employment-dismissal-law.html

Lang, G. (1994). Women's Shelter Sex Harassment. Men's Voices Magazine. Online at www.menweb.org

Brown, NS. (1994). Sexual Harassment -- Fact v. Myth. Men's Voices Magazine. Online at .
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Business Law - Issues in

Words: 1620 Length: 5 Pages Document Type: Essay Paper #: 65695409

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 for the rest of the contracted price of the work the contractor performed minus the lost profits and other direct damages Jose could establish. Jose had no other damages, but his business records did show lost profits of $7,500. Jose agreed to let the lawyer contact the contractor and offer to settle the outstanding claim against Jose through a payment of 2,500 to the contractor, representing the balance of the contracting work minus Jose's lost profits.

Jose mentioned that business was…… [Read More]

References

Dawson, J.P., Harvey, W.B., Henderson, S.D. (2002) Contracts: Cases and Comment 8th Ed.

Friedman, L.M. (2005) a History of American Law 3rd Ed.. New York: Simon & Schuster.

Halbert, T., Ingulli, E. (2000) Law & Ethics in the Business Environment 3rd Ed.. Cincinnati: West Legal Studies
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Lemon Law and the Applicable

Words: 1087 Length: 4 Pages Document Type: Essay Paper #: 36394873

com/html/HotLinks_LemonUCC.html).Therefore the law allows an assumption on the part of the buyer to believe that the vehicle is free from defect unless that defect has been disclosed prior to purchase (Uniform Commercial Code Summary (http://autopedia.com/html/HotLinks_LemonUCC.html).

The UCC mandates with regards to Lemon Law provision allows a buyer to reject a purchased vehicle and break the financial agreement if the vehicle is found to be defective within a reasonable time period from the purchase.

The time period that is considered to be reasonable is not clearly defined by the UCC however, it provides time for the buyer to take possession of the vehicle and have it inspected for defects by another party.

The Courts will decide this reasonable time to inspect based on the knowledge and experience of the buyer, the difficulty in discovering the defect, and the opportunity to discover the defect (Uniform Commercial Code Summary (http://autopedia.com/html/HotLinks_LemonUCC.html)."

In the named…… [Read More]

References

New Jersey Lemon Law (accessed 3-9-07)

http://www.lemonlaw.com/new_jersey_lemon_law.html

UCC Overview (accessed 3-9-07)

http://www.michigan.gov/sos/0,1607,7-127-1631_8851-29412 -- ,00.html
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International Laws or Aspects of Law That

Words: 2341 Length: 9 Pages Document Type: Essay Paper #: 59649986

international laws or aspects of law that must be adhered to by iordan and an outline of these steps for employees to adhere to these laws

This is written with the intention of creating a plan that incorporates the three-pronged framework of the Committee of Sponsoring Organizations (COSO) to provide parties with an all-around directive for managing the legal liability of officers and directors of iordan.

The plan details how to handle situations when parties violate laws or laws are in question (such as when to call in legal counsel, what rights employees have, or who to turn to or when to take action against iordan).

The plan also includes:

details of eal and intellectual property

-Governance principles of regulatory compliance requirements

the aspects of law that iordan must adhere to and an outline of steps for employees to adhere to these laws

To simplify this structure as much as…… [Read More]

References

AICPA (2011). Code of Professional Conduct and Bylaws. Retrieved on 1/27/2013 from:

 http://www.aicpa.org/research/standards/codeofconduct/downloadabledocuments/2011june1codeofprofessionalconduct.pdf 

BCP Business Center Gramm-Leach-Bliley Act Retrieved on 1/27/2013 from:

business.ftc.gov/privacy-and-security/gramm-leach-bliley-act
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AUS Corp Law HP Case

Words: 1137 Length: 4 Pages Document Type: Essay Paper #: 59275003

The June 2010 change to the manner in which dividends were deemed payable shifted the requirement from a measure of profit to a balance sheet-based formula in which dividends were only payable if assets outstripped liabilities, essentially.

This is, according to the facts of the case as presented, the only reason the dividend payment might be considered insolvent trading or otherwise contrary to the legal and financial constraints of the company under current Australian law. As the error was again solely the fault of chief financial officer George, the directors incur no liability in this instance.

Part B

As described above, the board of directors at Hampton Park Pty, td. incurred no liability in this case as they relied on information provided by a competent and informed employee in the person of the company's chief financial officer, George, which legally absolves them of liability in this case.

Whether or not…… [Read More]

Lipton, et al., 469.

Deloitte, "Changes to Corporations Law rules for payment of dividends." (2010).

Corporations Act 2001, Section 189.
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Labor and Employment Law

Words: 1265 Length: 4 Pages Document Type: Essay Paper #: 68794209

Labor and Employment Law

WORKPLACE SITUATIONS

Situation A -- The Family Medical Leave Act of 1993 or FMLA was enacted to help employees balance family and work requirements (WHD, 2013). It aims at protecting and helping those with family or personal health problems. The rise in single-parent households and women employees often leads them to compromise work for family or vice versa. The law intends to strike a balance between. If an employer is connected to FMLA, an employee who has worked for one year or 1,250 hours in the preceding year is entitled to 12 weeks of unpaid leave within the 12-month period. The employer is qualified to offer FMLA if it has 50 or more employees. Employee A and his employer are, thus, qualified (WHD).

The qualified employer is obliged by law to grant FMLA leave when the qualified employee requests it with a qualified reason (WHD, 2013).…… [Read More]

BIBLIOGRAPHY

EEOC (2013). The Americans with Disabilities Act of 1990. The U.S. Equal Employment

Opportunities Commission. Retrieved on September 25, 2013 from  http://www.eeoc.gov/eeoc/history/35th/1990s/ada.html 

SHRM (2013). Age Discrimination in Employment Act of 1967. Society for Human

Resource Management. Retrieved on September 25, 2013 from http://www.shrm.org/LegalIssues/FederalResources/Federalstatutes/RegulationsandGuidanc/Pages/AgeDiscriminationEmploymentActof1967.aspx
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Qatar's Foreign Direct Investment Law

Words: 2234 Length: 7 Pages Document Type: Essay Paper #: 39708819

Qatar's Foreign Direct Investment Law

Qatar's Foreign Investment Law

Why is Qatar Attracting Foreign Investors?

Qatar's Foreign Direct Investment

Foreign Investor

How to Apply

Investment Laws

Investment Sectors

Qatar's Investment Environment

Qatar's Foreign Investment Law

With a population of approximately 1.7 million people, Qatar happens to be one of the tiniest states in the Arab Gulf. Although Arabic is the official state language, English remains one of the country's most widely spoken languages (CIA). The country's capital is Doha. Being a constitutional monarchy, it is also important to note that since the 19th century, this Gulf Arab State has been under the leadership of the Al-Thani family.

According to the state's Ministry of Economy and Commerce -- MEC, the country has in the recent past been striving to make economic diversification a reality. In the words of MEC, "although oil is the main contributor and component of the gross domestic…… [Read More]

References

Al Jazeera. "Qatar Business." Al Jazeera Group Ltd., 2014. Web. 2 Feb. 2014.

Beydoun, Nasser M. The Glass Palace: Illusions of Freedom and Democracy in Qatar. New York, NY: Algora Publishing, 2012. Print.

CIA. "The World's Fact Book." Central Intelligence Agency, 2014. Web. 2 Feb. 2014.

Hamdan, Roueida. "Changes in Qatari Foreign Investment Law." Meyer-Reumann and Partners, 2011. Web. 2 Feb. 2014.
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Business Law Is Becoming Increasingly

Words: 3500 Length: 12 Pages Document Type: Essay Paper #: 97575878

It in this manner, therefore, that mediation is preferable.

2.3

OLE of MEDIATO in the INDUSTY

Acting as a bridge between the parties, the mediator, arbitrarily, assumes either a purely facilitative role in which he restrains himself from interfering, or serves as an evaluator where he evaluates the nuances of the case and recommends a basis for settlement. However -- and this is where mediation differs from arbitration -- the mediator is limited from mandating a particular outcome which causes the mediation process to manifest itself as inherently non-binding 14.

A creative mediator practices extremely acute listening skills in order to tease out the interests that are most important to each party. To that end, he or she will identify different preferences amongst the parties and design a package where each party receives what it values most and concedes what it values less than the other party.

Focus will be…… [Read More]

REFERENCES

1. SECONDARY SOURCES

1.1 BOOKS

Barclay, T. New Methods of Adjusting International Disputes and the Future London, Constable, 2008.

Boulle, L. Mediation -- Principles, Process, Practice, Chatswood, LexisNexis Butterworths, 2005
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A Concise Analysis of Business Law and Labor & Employment Law

Words: 1008 Length: 3 Pages Document Type: Essay Paper #: 42206595

Business and Employment Law

Business Law and Labor & Employment Law

Employees are classified in different categories. Federal and state law does not explicitly define the categories, but employers generally categorize employees on the basis of duties performed, number of hours worked, and duration of job. Accordingly, employees fall in three main groups: permanent (full-time), part time, and temporary employees (PayScale, 2009). A permanent employee is an employee who works a typical work week for an indefinite duration, while a part-time employee works fewer hours than the typical work week. Temporary employees may work full-time or part-time, though for a definite period of time. Though federal law does not define the above categories, the Fair Labor Standards Act (FLSA) classifies employees as either non-exempt or exempt employees (Society for Human esource Management [SHM], 2014). The former denotes employees whose work is covered by FLSA and who are subject to overtime…… [Read More]

References

Bennett, H. (2014). Principles of the law of agency. New York: Bloomsbury Publishing.

Busch, D., Macgregor, L., & Watts, P. (2016). Agency law in commercial practice. Oxford: Oxford University Press.

Equal Employment Opportunity Commission (EEOC). (2009). Federal laws prohibiting job discrimination questions and answers. Retrieved from https://www.eeoc.gov/facts/qanda.html

Munday, R. (2010). Agency: law and principles. Oxford: Oxford University Press.
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New Laws Law and the

Words: 853 Length: 2 Pages Document Type: Essay Paper #: 18925580

The Food and Drug Administration has not made full use of even the meager authority granted it by the industry-friendly 1994 Dietary Supplement Health and Education Act (DSHEA)… Because of inadequate quality control and inspection, supplements contaminated with heavy metals, pesticides, or prescription drugs have been sold to unsuspecting consumers. And FDA rules covering manufacturing quality don't apply to the companies that supply herbs, vitamins, and other raw ingredients" (More dietary supplement, 2010 redOrbit).

Law 3: Picture-based warnings on cigarettes

Unfortunately, much like calorie counts on the back of food products, consumers have shown themselves to be all-too-apt to ignore written information the back of packages, even if the information can save their lives. To remedy the tendency of consumers to ignore written information, many nations (including Canada) have begun to require cigarette companies to use photographs that illustrate the dangers of smoking, to more vividly underline the dangers of…… [Read More]

References

Ban on junk food introduced. (2008). BBC News. Retrieved September 9, 2010 at  http://news.bbc.co.uk/2/hi/health/7166510.stm 

Canada's graphic health warnings. (2010). Picture-based cigarette warnings.

Retrieved September 9, 2010 at http://www.smoke-free.ca/warnings/Canada-warnings.htm

Dietary supplements. (2010). FDA. Retrieved September 9, 2010 at  http://www.fda.gov/food/dietarysupplements/default.htm
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Business Law- Corporate Responsibility Irresponsible

Words: 2263 Length: 8 Pages Document Type: Essay Paper #: 13269860



At some institutions, loans of this type were actually called "liar loans" by brokers, a reference to the obvious fudging of information they represented (Markels 2007).

A substantial portion (if not a large majority) of new home purchases during that time period involved a fraudulent practice of dishonestly inflating the income and financial health of prospective purchasers. In many instances, the real estate brokers and mortgage brokers precipitated this type of falsification of credit worthiness to facilitate high-commission-generating transactions. They stood to profit without any corresponding risk by virtue of the fact that any risk of default on the initial mortgage obligation would be shifted to other lenders and to investors in stocks connected to the value of mortgage securities on Wall Street (Lowenstein 2007). Even worse, during the process of loan negotiation, many homeowners were encouraged to inflate the appraised value of the property for the purposes of maximizing…… [Read More]

Bibliography

Halbert, T., Ingulli, E. (2000) Law & Ethics in the Business Environment.

Cincinnati: West Legal Studies. Lowenstein, R. (2007) Subprime Time: How Did Home Ownership Become So Rickety? New York Times Magazine; Sept. 2/07. Retrieved July 8, 2008, from the New York Times online website, at http://www.nytimes.com/2007/09/02/magazine/02wwln-lede-t.html?_r=1&oref=slogin&pagewanted=print

Markels, a. (2007) Spring Fever: Just How Sick Is the Housing Market. U.S. News & World Report. Vol.142 No. 11 (33-36)

Markels, a.(2007) Yes, Housing Will get Worse. But How Bad?
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International Trade and Finance Law

Words: 2844 Length: 7 Pages Document Type: Essay Paper #: 78054175



In the case of United States, Article 9 of the Uniform Commercial Code provides for practically all types of security agreements for owned property that are both for own use as also for commercial purposes. This type of agreements includes fixtures which mean personal property that is attached to the property, and the ready example can be a water heater. This does not include other liens taken on the property like the lien of a mechanic are not covered by this act, but are covered by the individual laws that govern them. There is also a statute of frauds and that requires a security agreement to be in writing for it to be valid, unless the property has been pledged for getting the loan. This sort of a pledge takes place when the borrowing party shifts the collateral to the lender of money in exchange for the loan that he…… [Read More]

References

9-203. Attachment and Enforceability of Security Interest; Proceeds: Formal Requisites.

Retrieved at http://www.law.cornell.edu/ucc/9/9-203.html. Accessed 10 November, 2005

Bailey, Sue. PM defensive over election threat. Retrieved at http://cnews.canoe.ca/CNEWS/World/2005/11/03/1291616-cp.html. Accessed 10 November, 2005

Banking: An overview. Retrieved at http://www.law.cornell.edu/topics/banking.html. Accessed 10 November, 2005
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Sales Transaction in Acquisition Law

Words: 617 Length: 2 Pages Document Type: Essay Paper #: 13625391



Any good that is purchased from Amazon via the internet is governed by Article 2 of the UCC. Buying a CD from this site would constitute buying a good. When the Amazon site puts a good up for sale then they are making an offer and when a person agrees to buy that good they are accepting that offer. This transaction would fall under the proposed new UCC § 2-204(4) because it is a transaction done via the internet. In this transaction I had the choice of refusing or taking feat that in order to use the electronic agent to conclude the transaction or to designate acceptance of an offer, in spite of other expressions or actions by the person to which the electronic agent cannot respond.

Once I ordered the CD the merchant had a responsibility of good faith in its performance and enforcement of the contract by providing…… [Read More]

References

Uniform Commercial Code - Article 2. (2005). Retrieved December 7, 2010, from Cornell

University Law School Web site: http://www.law.cornell.edu/ucc/2/
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Federal Campaign Contribution Laws for Presidential and Vice Presidential

Words: 915 Length: 3 Pages Document Type: Essay Paper #: 25458127

Federal Campaign Contributions

Over the last several years, this issue of campaign finance has been increasingly brought to the forefront. This is because the influences of the affluent and special interests in the field of politics have become more perverse. However, the issue of the involvement of special interests in elections has been a major challenge (with the founding fathers warning about how this is a threat to democracy). ("The Presidential Election")

ecently, the U.S. Supreme Court ruled that limits placed on campaign contributions (i.e. soft money) are unconstitutional. This has opened the flood gates for many different groups to establish political action committees (PACs) that will provide unlimited donations to candidates. This is going directly against the very laws which are designed to limit the influence of the special interests. As, there is a patchwork of regulations that are not supported by: consistent rulings from the courts. Instead, a…… [Read More]

References

"The 2012 Presidential Election." Open Democracy, 2012. 20 Apr. 2012

"A Century of U.S. Campaign Finance Laws." NPR, 2012. Web. 20 Apr. 2012

"John Edwards Repays $1.2 Million." Inquisitr, 2012. Web. 20 Apr. 2012.

"Obama Romney Campaign Commercials." CBS News, 2012. Web. 20 Apr. 2012
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Media Law Argue Against Discuss 1st Amendment

Words: 2137 Length: 7 Pages Document Type: Essay Paper #: 40736189

MEDIA LA: Argue Against: Discuss 1st amendment implications Family Prevention Tobacco Act 2009. Are tobacco

The Family Prevention Tobacco Act of 2009 was one of the more controversial pieces of legislature passed in recent times, for the simple fact that it gave a great deal of authority to the Food and Drug Administration to limit the effectiveness of the tobacco industry and its various companies to sell its products. There are multiple components of this legislation, which encompass various aspects of sales, advertising, inspections and registration of new products on the part of manufacturers. Among the many points of dissension that individual and collective entities within this industry claim regarding this legislation is that it limits their First Amendment right of freedom of speech. A thorough examination of the spirit and the lettering of this act, however, reveals that of its many different components, only one (that pertaining to advertising)…… [Read More]

Works Cited

No author. "Tobacco Controls Have Public Health Impact." Centers for Disease Control and Prevention. 2011. Web. http://www.cdc.gov/Features/TobaccoControls/

Sifferland, Alexandria. "Colorful Ways Tobacco Industry May Be Skirting Labeling Rules." Time. 2013. Web.  http://healthland.time.com/2013/03/15/colorful-way-tobacco-industry-may-be-skirting-labeling-rules/ 

U.S. Food and Drug Administration. "Overview of the Family Smoking Prevention and Tobacco Control Act: Consumer fact Sheet." U.S. Department of Health and Human Services. 2013. Web.  http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/ucm246129.htm
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Company Law Brief Synopsis of the Situation

Words: 1733 Length: 6 Pages Document Type: Essay Paper #: 72959712

Company Law

Brief synopsis of the situation

Jane is the Marketing Manager of Prints Pty Limited. She has recently made some purchases on company account including leasing a new car, a photocopier, a reconditioned printing press and photo copy paper supply. While all the other purchases were made by Jane on her own discretion, the printing press was co-signed by John, part owner of Prints Pty limited.

John tells Jane that while he would reluctantly accept the purchase of photocopier and paper, Jane will have to pay for her own car. Upon hearing this, Jane resigns immediately leaving Mark with the decision to look into the purchase of the printing press. The company wants to cancel this purchase as John had no authority to purchase anything on company account. Mark is now wondering if he is liable for any of these purchases.

Company policies:

The company constitution clearly indicates that…… [Read More]

Reference

Kaufman, Steve. (1992) See you out of court. Nation's Business
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Esa Environmental Law Environmental Law

Words: 721 Length: 2 Pages Document Type: Essay Paper #: 53620081

Costs are difficult to determine, given the long-term nature of recovery projections and the fact that it is very difficult to quantify the benefits to the environment and humanity of saving a particular animal or plant species in most instances. Some species, such as the bald eagle, have additional emotional and symbolic importance, but that is a relatively rare case. "The biggest costs, opponents argue, are really all the logging, mining and polluting we can't do because of the pesky ESA," and tightening restrictions upon the ESA have been routinely opposed by a largely epublican faction of senators who argue that we cannot afford to be mindful of the environment during an economic recession (Vinzant 2009).

On a purely cost-benefit analysis, the immediate economic cost of the ESA often seems to outweigh the benefits. "With a large fraction of endangered or threatened species inhabiting private land (75% according to a…… [Read More]

References

Endangered Species Act (ESA). (1973). Cornell University Law School. Retrieved:

http://www.law.cornell.edu/wex/endangered_species_act_esa

Endangered Species Act: Overview. (2013). U.S. Fish and Wildlife Service. Retrieved:

 http://www.fws.gov/endangered/laws-policies/
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Deploying Law Enforcement Resources the

Words: 1664 Length: 5 Pages Document Type: Essay Paper #: 96013164



Of particular focus is the situation of the deployment of forces in a case of national security such as the floods and fires which have affected the territory of the United States. In these situations, volunteers and reserves are also part of the intervention forces, aside from the police patrols. More precisely, in the most recent floods from Iowa the help of ed Cross volunteers were asked for in order to be able to resist the natural disaster and in time to rebuild the territory. A similar situation occurred in New Orleans as well when non-specialized aid was asked for because the police was overwhelmed by the situation. However, it can be said that in situations such as these, the discussion is no longer related to the issue of law enforcement but rather to that of human solidarity. Nonetheless, the presence of volunteers and reserves is crucial in such moments.…… [Read More]

Reference List

America Civil Liberties Union. (1997) Fighting Police Abuse: A Community Action Manual. Accessed 5 July 2008, at http://www.aclu.org/police/gen/14614pub19971201.html

Downs, a., et al. (1969) "Round Table on Allocation of Resources in Law Enforcement." The American Economic Review, Vol. 59, No. 2, pp. 504-512.

Frisbee, W.S. Jr. (n.d.) "Patrolling." Accessed 5 July 2008, at http://www.military-sf.com/Patrols.htm

Gallo, J.N. (1998) "Effective Law-Enforcement Techniques for Reducing Crime." Journal of Criminal Law and Criminology. Vol, 88, no. 4.
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Scope of Child Sex Tourism and the Pertinent Laws

Words: 2503 Length: 7 Pages Document Type: Essay Paper #: 71139954

international sex tourism has been a worldwide curse for a long time, the last few decades witnessed great surge in its practice as the effects of globalization, poverty and consumerism spread while advancement in internet caused an increase in travel opportunities. The racist fantasies and unusual interest in sexual activities in the developing countries along with poor law enforcement have made way for sex tourism. Though some may have exaggerated the magnitude of this immoral industry, more than one million children are trapped inside this trade every year (Vrancken and Chetty, 2009).

The 1904 Paris Agreement for the Suppression of the White Slave Traffic (1904 Agreement), the first of its kind, aimed at protecting female children and others who were forced to go abroad for sex trade. It operated through border watching, supervising agencies and repatriating or employing the girls (Vrancken and Chetty, 2009). Then other national and international laws…… [Read More]

References

African Charter on the Rights and Welfare of the Child. (2009). African charter on the rights and welfare of the child: in George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children and Youth Studies, 6:2, 134 -- 143.

Banse, R., Schmidt, A.F., & Clarbour, J. (2010). Indirect measures of sexual interest in child sex offenders: in George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children and Youth Studies, 6:2, 134 -- 143.

Debabrata, R. (1998). When police act as pimps: Glimpses into child prostitution in India: in George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children and Youth Studies, 6:2, 134 -- 143.

Fraley, A. (2005). Child sex tourism legislation under the protect act: Does it really protect: in George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children and Youth Studies, 6:2, 134 -- 143.
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International Law and Human Trafficking

Words: 3756 Length: 10 Pages Document Type: Essay Paper #: 59467640

The new law has prosecuted 426 traffickers in 203 cases. These traffickers had 844 victims in that year alone. This law imposes penalties from 10 years imprisonment to life imprisonment (Kyodo).

Myanmar: Effective or Not?

The capacity of the national government in fighting the problem of human trafficking has been limited (UNODC 2007). It is particularly limited in implementing policy changes in remote areas where traffickers operate. Anti-trafficking groups are looking into the situation. The UNODC addresses the issue by implementing projects and participating in partnership initiatives in the country. These projects and initiatives include increasing public awareness of the problem, provision of technical assistance for the law enforcement sector and the judiciary, greater and easier access to service providers and enhancing their capabilities (UNODC).

Cambodia

Reports say that Cambodia is a source, transit and destination country for human trafficking (HumanTrafficking.org 2009). Human traffickers consist of organized crime syndicates, parents,…… [Read More]

BIBLIOGRAPHY

CIA. Russia. The World Fact Book: Central Intelligence Agency, 2009. Retrieved on April 23, 2009 from http://www.cia.gov/library/publications/2732.htm

Gekht, Anna. Shared but Differentiated Responsibility Integration of International

Obligations in Fight against Trafficking in Human Beings. Denver Journal

International Law and Policy: University of Denver, 2008. Retrieved on April
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United States Military and Environmental Law

Words: 6165 Length: 23 Pages Document Type: Essay Paper #: 54567760

U.S. MILITAY AND ENVIONMENTAL LAW

Military & Environmental Law

Environmental Analysis and Impact of the United States Military

Military activity affects the environment in direct and indirect ways. The purpose of this paper is to examine the impact of military training and readiness activities and the impact of armed conflict and war on the environment. Most environmental impact that results from armed conflict and war occurs in foreign and not domestic environments. However, military training and readiness activities have the potential to impact both domestic and international environments. Different standards apply to the regulation of military activity based on the geographic, national, and political arenas in which military activity occurs. Another dimension that affects the environmental impact standards to which the military is held accountable is based on the perceptions and attitudes of lawmakers, citizens, and warriors toward peacetime and readiness operations vs. armed conflict and war. This paper will…… [Read More]

References

Bearden, D.M. (2007). Exemptions from Environmental Law for the Department of Defense: Background and Issues for Congress, CRS Report for Congress. Retrieved http://www.fas.org/sgp/crs/natsec/RS22149.pdf

Boelaert-Suominen, S. AJ. (XXXX) The Effect of Marine Safety and Pollution Conventions During International Armed Conflict, International Environmental Law and Naval War, Defense Institute of International Legal Studies. Retrieved http://www.au.af.mil/au/awc/awcgate/navy/np15_envir_law_naval.pdf

Currents Magazine, (2010, Fall). Navy Air Systems Command, Environmental Issues. Retrieved http://www.enviro-navair.navy.mil/index.cfm?pg=currents

Customary International Humanitarian Law. (2010). ICRC, Customary IHL Database, International Committee of the Red Cross, Retrieved http://www.icrc.org/customary-ihl/eng/docs/v1_rul_rule44