...III, and Samantha Jones Law 421 September 24, 2012 Karen Hutchins J.D. From a business perspective it is important to understand distinctions between procedural, substantive, criminal, civil, statutory and case laws. In this paper Learning Team D reviews the differences between the aforementioned types of laws, will provide an example of each, and will provide an example of a constitutional amendment designed to protect businesses and organizations. Each team member will also provide their thoughts on the course topics learned thus far and how those topics relate to each member’s respective business field. Procedural and Substantive Law Procedural law comprises the set of rules that govern the proceedings of the court in criminal lawsuits as well as civil and administrative proceedings. The court needs to conform to the standards setup by procedural law, while during the proceedings. These rules ensure fair and consistency in the “due process”. Substantive law is a statutory law that deals with the legal relationship between people or the people and the state. Therefore, substantive law defines the rights and duties of the people, but procedural law lays down the rules with the help of which they are enforced. (Diffen, 2012) Substantive law is an independent set of laws that decide the fate of a case. It can actually decide the fate of the under-trial, whether he or she wins or loses, and even the compensation amounts etc. Procedural laws on the other hand have...
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...The law, nature, sources and importance This discussion is going to focus on a number of issues. Firstly, an outline is going to be given on how the law affects business in a country. From there the importance of business law is going to be deliberated, followed by the nature and sources of law. Finally, a discussion is going to be made on how the law can be improved in a country. The law has many impacts on business. In this discussion the writer discusses three ways in which the law affects business. Generally the law affects business in the following ways: * Protecting the interests of the investors * Protection of the provisions of business contracts * The law regulates the business environment * The law provides guidelines in the employee- employer relations * There are laws on tax * It promotes transparency. Regulating business environment and operations The law provides guidelines and standards in which all businesses must operate. This protects the business from crumpling as much as protecting the consumers. For examples there are laws that require the business to comply with international practices. For example the companies must declare their business deals with the international partners. The government needs to find out if the partnership is in the interest of the investor. Another example of this relates to the need of all business in the country to get registered. In registering businesses certain details are required. This ensures that...
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...Role and Functions of Law LAW/421 July 7, 2014 Michael Green Law is a large part of our daily lives. In our business lives and in our personal lives, understanding the function and the roles law plays are vital. Laws are everywhere, at our place of business, when the operation of a vehicle is taking place, and many other activities or places individuals decide to partake in on a daily basis. Usually without knowing it, many decisions that are made by us are influenced by some portion of the law that are believed to be understood by an individual. For example stealing is against the law and many of us refuses to do such a thing. Not only because it is wrong, but because it is against the law; and individuals are aware of the consequences of breaking this law. Within this paper a discussion on what the functions and the roles of laws are will be addressed. According to Melvin law is “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (2011). If laws were violated or even broken the strict rules that are associated with these laws are enforced. The law very much so effects the way business are structured and formed. Business owners have to ensure that their organization is following the law when hiring employees. “It is a violation of Title VII of the Civil Rights Act of 1964 to make hiring decisions based upon race. Under the Age Discrimination in Employment Act, meanwhile, it is illegal to discriminate...
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...Business Law Term Paper Topics Posted on March 6, 2012 by EssayShark Students find term paper writing a boring and challenging task. The most complicated part of the writing process is choosing the best one among good business law term paper topics. Luckily, the business law sphere is full of different topics and ideas. Business topics include the formation of a company, employee and commerce relations, regulations of insurance. Once you narrow down the topic, you find there is a lot of information on it. Business Law Term Paper Topics on Contract Law The contract business law sphere can be broken down into different categories, so the writer’s choices are quite varied. It is possible to write about breach of contract and its peculiarities. You can include as a part of your paper the case of Sondra Locke and Warner Brothers. Business Law Term Paper Topics on Tort Law Tort law is one more field of business law, including a lot of subcategories, for example: Falls and slips at work. Accidents because of work vehicles. Noisy and polluted working places. The level of care of the workers. One of the bright example of business tort law is a case of Ford Motor Company and Grimshaw. Business Law Term Paper Topics on Intellectual Property Law It is one of the most common law areas nowadays, although it was non-existent several decades ago. Students adore such business law term paper topics, such as trade secrets, trademark infringement and laws on copyrights. There...
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... LEG100: Business Law Florida is a state which has been endowed with immense potential in regards to companies which offer their services (Jennings, 2008 ). On top of the list of some of the renowned companies within this state are companies which are in the transport sector. Businesses and those who own interests need to know their rights and obligations. What is legal? Where can I find the laws I need to know? How do I make decisions about legal conduct that, personally, is morally or ethically troublesome to me? This is because these are aspects which enable the businesses to grow and gain momentum. It is important for businesses to know the aspects of businesses which are of value. This is because these aspects enable the businessmen to work in accordance with the law. In this case, there are several purposes of business law. It is worth noting that there are two types of law. Public law includes laws that are enacted by some authorized government body. State and federal constitutions and statues are all examples of public laws, are the federal constitutions and statutes are all examples of public laws, as are the federal securities laws, state incorporation and partnership procedures, and zoning laws (Jennings M. , 2005). Private law, on the other hand, is developed between two individuals. For example, landlords usually have regulations for their tenants, and these regulations are private laws (Jennings M. , 2005). First, purposes of the law include the...
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...and Functions of Law XXX LAW/421 August 13, 2012 Role and Functions of Law Everyone wakes up in the morning and goes about their business according to the norm. Most of the time individuals progress through their day without thinking about the laws that are in place that regulate daily life. Driving to work, one obeys stoplights and speed limits. At the convenience store a credit card is used to buy a cup of coffee. A parking pass is used for an assigned parking spot at the office. Many of our societal laws have become so commonplace that it takes little to no thought to obey them. This paper is to discuss the functions and role of laws in business and society and to provide a basic understanding of U.S. law. The laws that a society follows are a set of rules of action or conduct prescribed by a controlling authority that has legal binding force (Melvin, 2011). To further that point “the current state of law is that it creates duties, obligations, and rights that reflect accepted views of a given society” (Melvin, 2011). In any situation, the function of law is intended to protect the masses. In order to do so, law must cover some very important issues such as peacekeeping, ensuring personal freedoms, setting ethical standards, maintaining a system of checks and balances for government, promoting economic growth, ensuring social justice, protecting the environment, and providing a means to settle disputes. Without such laws, society and business could not operate...
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...How to Brief a Case Using the “IRAC” Method When briefing a case, your goal is to reduce the information from the case into a format that will provide you with a helpful reference in class and for review. Most importantly, by “briefing” a case, you will grasp the problem the court faced (the issue); the relevant law the court used to solve it (the rule); how the court applied the rule to the facts (the application or “analysis”); and the outcome (the conclusion). You will then be ready to not only discuss the case, but to compare and contrast it to other cases involving a similar issue. Before attempting to “brief” a case, read the case at least once. Follow the “IRAC” method in briefing cases: Facts* Write a brief summary of the facts as the court found them to be. Eliminate facts that are not relevant to the court’s analysis. For example, a business’s street address is probably not relevant to the court’s decision of the issue of whether the business that sold a defective product is liable for the resulting injuries to the plaintiff. However, suppose a customer who was assaulted as she left its store is suing the business. The customer claims that her injuries were the reasonably foreseeable result of the business’s failure to provide security patrols. If the business is located in an upscale neighborhood, then perhaps it could argue that its failure to provide security patrols is reasonable. If the business is located in a crime-ridden area, then perhaps...
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...Chapter 01 Legal FoundationsChapter 01 Legal Foundations 1. Much of the origins of the law dealt with issues related to _______. ________________________________________ 2. When the United States Supreme Court formally recognized their role in achieving equality for all Americans during the civil rights movement, they were following a ________ philosophy. ________________________________________ 3. Attorneys who work for a company and are part of the executive or mid-level management team are specifically referred to as ________ counsel. ________________________________________ 4. Attorneys, particularly in a business context, are also referred to as _______. ________________________________________ 5. Measures of judicial action intended to compensate an injured party in a civil law suit are called _______. ________________________________________ 6. Equitable rules used in the context of Common Law rules that guide courts in deciding cases or controversies are called equitable _______. ________________________________________ 7. Judicial opinions are also known as the ________ of the case. ________________________________________ 8. A collection of uniform legal principles focused on a particular area of traditional state law is called ________ of the law. ________________________________________ 9. Trial lawyers are also referred to as _______. ________________________________________ 10. ________ are recognized as binding...
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...Law, Ethics, and Corporate Governance – LEG 500 | 201003 | Prerequisite: None | Quarter | Winter 2010 | Meeting Days/Time | Online course | Instructor | Dr. C. Phil Campos, MBA, JD | Instructor Phone | 214-202-8044 | Instructor E-mail | canuto.campos@strayer.edu | Instructor Office Hours/Location | 6pm – 7pm EST | Academic Office Phone NumberStrayer Online Technical SupportEcollege HelpDesk | 1-877-540-1733“As a student, you should choose 1 then 3 for academic issues from the automated menu.”1-877-642-2999“Used for problems entering the class”1-866-448-6703 or 1-303-873-0005“Used for problems once in the class” | INSTRUCTIONAL MATERIAL | Kubasek, N. K., Brennan, B. A., & Browne, N. (2009). The legal environment of business: A critical thinking approach (5th ed.). Upper Saddle River, NJ: Pearson-Prentice Hall.Ferrell, O. C., Fraedrich, J., & Ferrell, L. (2010). Business ethics: Ethical decision making and cases (7th ed.). Boston: Houghton Mifflin Company/South-Western/Cengage Learning.PLEASE READ SYLLABUS PART II in the Course Home tab, it contains important University policies.GETTING TECHNICAL HELPTechnical questions regarding eCollege or classroom issues should be referred to helpdesk@strayeronline.net. Or you may phone the helpdesk at 1(866)448-6703.If the question regards a Strayer system, technical support can be reached at 1(877) 642-2999. Any technical inquiries sent to the instructor will, as a matter of course, be forwarded to the Helpdesk...
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...Chapter 01 Legal FoundationsChapter 01 Legal Foundations 1. Much of the origins of the law dealt with issues related to _______. ________________________________________ 2. When the United States Supreme Court formally recognized their role in achieving equality for all Americans during the civil rights movement, they were following a ________ philosophy. ________________________________________ 3. Attorneys who work for a company and are part of the executive or mid-level management team are specifically referred to as ________ counsel. ________________________________________ 4. Attorneys, particularly in a business context, are also referred to as _______. ________________________________________ 5. Measures of judicial action intended to compensate an injured party in a civil law suit are called _______. ________________________________________ 6. Equitable rules used in the context of Common Law rules that guide courts in deciding cases or controversies are called equitable _______. ________________________________________ 7. Judicial opinions are also known as the ________ of the case. ________________________________________ 8. A collection of uniform legal principles focused on a particular area of traditional state law is called ________ of the law. ________________________________________ 9. Trial lawyers are also referred to as _______. ________________________________________ 10. ________ are recognized as binding...
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...Propositions to be proven to take a deduction under IRC section 162(a): -Must be expenditures for education (including research undertaken as part of an educational program) -the education must: - maintain or improve skills required by taxpayer in their employment or other trade or business OR -meet the express requirements of the taxpayers employer, or the requirements of applicable law or regulations, imposed as a condition to the retention by the taxpayer of an established employment relationship, status, or rate of compensation -the education must not be: -education for Minimum education requirements, or -education for qualification for a new trade or business I. Citation: Rev. Rul. 74-78, 1974-1 C.B. 44 II. Facts: The taxpayer, a dentist engaged in general dental practice, returned to dental school for...
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...competition many enterprises will do whatever it takes to stay on top. The United States has laws that are ordinarily used as a way to make sure that honest and fair practices are followed in business organizations. These laws are very important and should be strictly adhered to so that the organization's integrity stays intact while at the same time they continue increasing their customers and profits. The United States as well as many other countries has many antitrust laws that forbids acts or understandings that can get rid of or deter fair competition, these laws also forbids the maltreatment of a dominant industry position, restraint or misrepresent commerce, hold prices by artificial means, or bring forward a monopoly. I will be writing about antitrust laws and the famous Microsoft case to demonstrate how business ethics and fair practices are important in business, it’s not only right thing to do but can also be beneficial to the company, clients and employees....
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...UK COLLEGE BUSINESS AND COMPUTING Module Booklet Course: EDEXCEL BTEC Group: Ed excel HND Group Module: Unit 5 – Aspects of Contract and Negligence for Business Module type: Module Code: Y/601/0563 Module Credit: 15 Teaching Period: (12+3 weeks) QCF Level: 5 Contact Hours: (15*3.75 = 56.25) Lecturers: 12 weeks Revision Clinic: 1 week Feedback and assignment guidance: 2 weeks Lecturer: Mr. Dalton Vincent Start date: 01/10 /2013 Day: Friday Time: 10.00 – 13.00 & 14.00 – 17.00 Room: LH 2 & LH 3 Term: Winter Term CONTENTS 1. INTRODUCTION, AIMS AND OBJECTIVES 2. MODULE OUTLINE AND TEACHING METHODS 3. READING AND COURSE PREPRATION 4. LECTURE WITH DETAILED COURSE PROGRAMME AND OBJECTIVES 5. ASSESSMENT DETAILS 6. INTRODUCTION The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the unit will enable...
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...industry…………………………………………………………………………….3 1.2 Discuss the impact of different types of contract by providing explanations on comparison with local, export and distance buying modes………………………………………………..7 1.3 Analyze terms in contracts with reference to their meaning and effect in the motor industry………………………………………………………………………………………10 2.1 Apply the elements of contract in both cases business scenarios………………………..12 2.2 & 2.3 Analyze the law of terms in the above two different contract. Evaluate the effect of different terms in the two contracts………………………………………………………….14 Conclusion…………………………………………………………………………………....19 Reference……………………………………………………………………………………..20 Introduction: - The law plays an important role in protecting the fair of the relationship between people vs people as well as transactions in the contract. It contributes to keeping a peaceful country to reach modern and civilization life. In the business environment, the law has always played an important role because the business types are diversity and complex. To business’s activity of enterprises, which obey the law and avoid legal risks in business for sure, you need to be legal advice. In this report, I will act as one consultant in supportingWorld Auto Co in Vietnam, which is one of the famous company in producing motor between Vietnam and Europe markets avoid. 1.1 Explain the importance of the elements required for the information of a valid contract in the motor industry - In manufacture process, sales as...
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...Introduction: Law: Laws are present in this world for solely one reason that is to keep order and protect the people from harm ways. Each and every step that we take in the outside world is somehow governed by law For Example, purchasing a new apartment or starting a new business. Contract Law: it can be stated as “the body of law that administrates oral and written agreements associated with exchange of goods, money and property.’’ A contract law includes certain other aspects such as the nature of contract, contracts limits, freedom of contract and ending period of contract. Contract law is an agreement between individuals and is upheld by law and penalties are enforced if the contract is void or tempered with once the agreement has been signed. The reason contract law exists is to form a mutual understanding between the parties who are involved to avoid future problems and changes by either property without both ends agreement. Without contract law, all the agreements established between the parties will become impractical and meaningless and both sides would try to change the agreements along the way making it harder and difficult for them to execute their plans properly. UK Law: The United Kingdom’s constitution is in unwritten form. Body of UK law is purely based on statue, traditional rights and common law. Alteration comes about as time changes due to modified parliament acts. Some of the Malaysian laws are from the English law act. Common law and equity law form part...
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