...Assignment: Basic Case analysis Course Name: Legal Environment of Business Course Code: COB202 Class: DC7, DC10, DE1, DE2, DE3 Page of document: 2 ------------------------------------------------------------------------------------------------------------------------------- CASE ------------------------------------------------------------------------------------------------------- [Paragraph 1] The Federal nanny is meddling again. This Time she has swooped down on Minden, Neb., and is demanding the right to dictate the scheduling of athletic events. [Paragraph 2] A disagreement had been brewing in Minden over the fact that boy teams often play other schools on Friday or Saturday evenings, leaving weeknights or late afternoon slots for girl teams. Someone complained to the U.S. Education Department’s civil rights office. The school signed an agreement in 1993. Critics said the agreement didn’t go far enough. Now the school district faces a $200,000 federal fine if it doesn’t accept even more direction from the federal nanny. [Paragraph 3] Federal officials want the Minden district to alternate boys and girls events on “prime” days and during “prime” times. A prime day is one with no school the next day. Prime time is anytime after 6 p.m. The 1993 agreement required Minden to rotate girls and boy basketball games to provide an equivalent amount time of prime-time games. Now the government wants to add the prime-days requirement, as well as extending its rules...
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...Legal Environment of Business Unit 2 Discussion Board American Intercontinental University Online November 14, 2012 Legal Environment of Business There are three types of bankruptcy – Chapter 7, Chapter 11 and Chapter 13. This discussion board post will discuss who can file Chapter 7 bankruptcy. Also discussed will be reasons why people file bankruptcy and how interest rates on loans and credit cards are affected by bankruptcy. The Chapter 7 bankruptcy is also referred to as liquidation, Chapter 11 bankruptcy is the reorganization of debt and Chapter 13 bankruptcy is the adjustment of debts of an individual with regular income (Types of Bankruptcy, 2011). An individual may file bankruptcy if they reside in the United States, within the last 6 years must not have been approved for a Chapter 7 release, and must not have been dismissed for bankruptcy filing within the last 180 days (Chapter 7, 2012). Within 6 months of filing for Chapter 7 bankruptcy, a person must also complete debt counseling classes and must pass a means test. A means test is a financial test given to see if a person qualifies for bankruptcy (Chapter 7, 2012). Although there are many reasons why a person would file for bankruptcy, only a few reasons will be mentioned in this discussion. The number one reason for filing for bankruptcy is medical expenses. Forty-two percent of those who filed for bankruptcy in 2010 were due to medical expenses. Twenty-two percent of bankruptcies were due to job loss...
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...INTERNATIONAL LEGAL AND ETHICAL ISSUES IN BUSINESS Legal Environment of Business Instructor: Leslie Dunn By: Janet Hutchins American Intercontinental University Abstract This paper is concerning ethical issues faced by an employee who while working for her first corporate job right out of college has started to lose her idealism after being employed for only 4 months. She has assisted company executives here in the U.S. and in many European countries. While she has a primary boss in the U.S. offices, she has had many secondary bosses in Europe. During this short period of time, in both her departments in the U.S.A and in Europe, she has witnessed employees that come to work while under the influence of alcohol and even drinking while at work. She has seen employees on a regular basis arriving late and leaving early for work and also using company computers for personal reasons. Her department manager is so easy going and seems to be more concerned with being everyone’s friend than their boss and if he is aware of these issues, he turns a blind eye. Although she has tried to bring the subject of these issues to him, he seems unwilling to even discuss them with her. She is a hard worker and follows rules and always thought the majority of other employees would also. This paper will take a look at her options and research the differences between business and cultural ethics in the U.S and in Europe. The challenges she will face if she decides to file a complaint...
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...Legal Environment of Business 1 Chapter 1, question 4 The difference between statutory law and common law is that statutory law is a written law where common laws are based on any prior court decisions and are legal binding. For statutory laws the government, state, and local agencies issue written statutes and regulations which eventually become part of statutory law, as for common law it is prior case decisions and rulings that are followed unless a judge finds a big difference in the between the previous case and current case. Chapter 2, question 5 The real estate development that Carolyn, Elwood, and Isabella are involved in is a failure. They need to find someone who is familiar with the problems of real estate development in order to reach a proper result. Arbitration, an alternative dispute resolution, is an applicable rule that applies to the facts of this case. In arbitration, the parties involved present the facts and evidence before trained experts that are familiar with the industry practices and determine a resolution. It would be best for Carolyn, Isabella, and Elwood to all agree and submit their case to an arbitrator. By selecting an individual to be an arbitrator, who is very familiar to the real estate market and/or developments and the laws that follow real estate, it would help in eliminating the potential dangers of an unfair trail due to a judge not being familiar with such cases. Chapter 2, question 12 The legal issue posed is how can the prosecuting...
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...Starting off in any business, a person wants to give their best impressions. Working hard, following the rules and providing the best of them to prove they were what the job description described. Most businesses like to see this kind of enthusiasm. But on the inside, it could be different just as Mary has found out. Laws and customs in the United States and Europe are different in many ways. Privacy is one of the differences. It is just that, private. In other words, anything that a person does cannot be used for any kind of gain. When a person checks out at a store, the clerk cannot ask for the customer’s phone number (Sullivan, 2006). Europe believes that it is a person’s right to have privacy. In the workplace, employers cannot read any of their employee’s personal e-mail. Companies in Europe that process any data have to register with the government. In Europe, people fear the corporations invading their privacy while in the United States citizens fear the government invading the privacy (Sullivan, 2006). Working for a company that stems overseas can be an exciting venture. But when a person works overseas, the company itself has to follow many of the customs and laws in that country. Some countries have to have contracts written before a person is hired. The contracts lay out the provisions of pay and working conditions (‘Employment considerations,” 2010). So to file a complaint against a company that is overseas can be frustrating. Anything in that contract...
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...order to carry out their duties and responsibilities. • Binding Authority: any source of law that a court must follow when deciding a case. • Breach: the failure to perform a legal obligation. • Case Law: the rules of law announced in court decisions. • Citation: a reference to a publication in which a legal authority can be found. • Civil Law: the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters. • Civil Law System: a system of law derived from that of the Roman Empire and based on a code rather than case law. • Common Law: the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature. • Constitutional Law: the body of law derived from the U.S Constitution and the constitutions of the various states. • Criminal Law: law that defines and governs actions that constitute crimes (wrongful actions committed against society for which society demands redress). • Cyberlaw: all laws governing electronic communications and transactions. • Defendant: one against whom a lawsuit is brought; the accused person in a criminal proceeding. • Equitable Principles and Maxims: general propositions or principles of law that have to do with fairness. • Historical School: A school of legal thought that emphasizes the evolutionary process of law and looks to the past to discover what the principles of contemporary law should be. • International Law: the law that...
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...While there are many legal factors to consider as XYZ Construction (XYZ) transforms from a private to a publicly owned company and expands operations globally, this paper will focus on the employment and labor laws, along with legal considerations that influence company operations. It is important to keep in mind that XYZ uses a mix of manning methodologies throughout the company; a full time staff as the core of the company, while maximizing the use of contracted labor in the execution of projects. Employment Law Employment law is a broad category of law that encompasses all areas regarding employee/employer relationships except for the negotiation process and collective bargaining, which is covered by the narrower focused category of labor law. Employment laws consist of thousands of federal and state statutes, regulations, and judicial decisions that are designed to govern the rights and duties of employers and workers. The US Department of Labor (USDOL) reports that there are 180 federal laws alone managed by 28 different agencies within the department. (United States Department of Labor [USDOL], 2014) Employment laws are focused on providing a safe and fair work place for employees and employers, alike, and have their origins in the constitution. They were founded based on public outcry against oppressive practices during the industrial revolution. The first laws founded in the 1920s were focused on fair wages, compensation for injuries, a standard work week, and...
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...Review of the Legal Environment of Business This paper is written as an informational document for business executives on the economic and legal factors that affect company transitions from private to public ownership. Mason (2011) stated there are three top reasons that business entities transition from privately owned to publically owned are as follows: (1) Boatloads of cash. (2) Brand awareness. (3) Playing with the big dogs. When a company goes public, it is really trading for a large amount of cash for profitability and growth. The initial public offer (IPO) is the instrument that represents stock or the representation of what a person or entity puts up as cash for the funding of the company’s desire to make more money. The issuance of an IPO changes the company’s culture that now it must focus on long-term results that previously the focus was on short-term returns. The cost of IPO issuance is very expensive. The cost include the satisfaction of the accounting and legal costs associated with being publicly-traded. When a company decides to go public, it gets an enormous amount of press, consumer awareness and exposure for new products relating to brand awareness. Brand awareness is a primary factor for the success of the decision to becoming publically owned. Business Week lists just 33,000 public companies around the world (Mason, 2011). After an IPO, a company is free to use that cash however it sees fit, and it never has to repay a penny. However, the costs is so high...
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...The Legal Environment of Business II Chapter 19 Review Questions 19-1 Why did Congress create administrative agencies? The administrative agencies were created by Congress because they felt that the anticompetitive conduct of railroads and other corporations could best be controlled by separate administrative agencies with defined statutory mandates. Also during 1929 because of the stock market crash and the beginning of the Great Depression Congress felt the need of additional agencies to assist free-market economy and to act in the public interest, convenience, and necessity. 19-2 What are the two major functions of administrative agencies? The first function is rulemaking, where agencies are authorized to create new regulations by virtue of their enabling statutes; if they are not agencies, they need to follow the three ruled making models which are formal, informal, and hybrid outlined in the APA (Administrative Procedure Act). The Second Major Function is the Adjudication of individual cases brought before administrative law judges by agency staff, this function is done in individual cases as oppose to rulemaking for whole industries, and administrative agency usually pursues a four step process. 19-3 Explain the distinction between executive administrative agencies and Independent administrative agency is an agency which appointed heads and members serve for fix terms and cannot be removed by the president except for reasons defined by Congress...
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...ADEGBENRO ELEWADE MIB 34 LEGAL ENVIRONMENT OF INTERNATIONAL BUSINESS. QUESTION 1 The following rules and principles will be used to analyse if this new trade policy is permissible. WORLD TRADE ORGANISATION RULES AND PRINCIPLES - * Trade discrimination is forbidden- There is a trade discrimination in this policy by subjecting Mediterraneo and Equatoriana to a tariff and excluding Oceania from the tariff policy and also this trade discrimination occurred because Oceania and Pacifica are members of a customs union modeled on and using the same rules at the European Union * Each state has to afford most-favored-nation status to all other WTO member states equally- Pacifica only offered most-favored-nation-status to only Oceania, instead of offering this status also to the other WTO members. National Treatment Rule * A WTO member state must treat imports equally with its own domestic products once the imports are inside its borders- Pacifica subjected foreign cars to foreign sales tax at the point of sales but excluded cars manufactured in Pacifica from this policy, this should not be done because the national treatment principle states that foreign goods should be treated as domestic goods, so Pacifica should not subject this foreign goods to foreign sales tax since also the domestic goods are not subjected to this tax. * Products must be treated equally vis-à-vis their content; they may not be discriminated against because of the way in which they were made-...
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...ADEGBENRO ELEWADE MIB 34 LEGAL ENVIRONMENT OF INTERNATIONAL BUSINESS. QUESTION 1 The following rules and principles will be used to analyse if this new trade policy is permissible. WORLD TRADE ORGANISATION RULES AND PRINCIPLES - * Trade discrimination is forbidden- There is a trade discrimination in this policy by subjecting Mediterraneo and Equatoriana to a tariff and excluding Oceania from the tariff policy and also this trade discrimination occurred because Oceania and Pacifica are members of a customs union modeled on and using the same rules at the European Union * Each state has to afford most-favored-nation status to all other WTO member states equally- Pacifica only offered most-favored-nation-status to only Oceania, instead of offering this status also to the other WTO members. National Treatment Rule * A WTO member state must treat imports equally with its own domestic products once the imports are inside its borders- Pacifica subjected foreign cars to foreign sales tax at the point of sales but excluded cars manufactured in Pacifica from this policy, this should not be done because the national treatment principle states that foreign goods should be treated as domestic goods, so Pacifica should not subject this foreign goods to foreign sales tax since also the domestic goods are not subjected to this tax. * Products must be treated equally vis-à-vis their content; they may not be discriminated against because of the way in which they were made-...
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...Legal and Ethical Environment of Business your T name AMERICAN INTERCONTINENTAL UNIVERSITY Abstract How important is it to have freedom to contract and practical commerce and be technologically neutral. Can you create a new computer chip design it , bubble wrap it and ship it for sale and still have ownership of that computer chip? With the Uniform Commercial Code and Uniform computer Information Transaction Act they will shed light of how you are protected by the government. Not just consumers but business are govern a like . . Before the UCC and the UCITA, the first U.S attempt to promote uniformity in commercial laws from state to state is the commerce clause. The commerce clause of the constitution, provides congress with authority to regulate business in different states. The commerce clause extends to all instrumentalities of interstate commerce as well as to intrastate conduct that has substantial effect on interstate commerce. The UCITA is intended to facilitate the licensing of computer related intellectual property, with an emphasis on permitting owners of software the ability to maintain control over their intellectual property forever. The UCC is designed to facilitate the sale, shipment and delivery of tangible goods identified in a contract. The biggest difference I see between UCITA and UCC is UCITA gives the software designer control of their property even after sale of their property...
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...MBAD 5191-U90 – LEGAL ENVIRONMENT IN BUSINESS Fall - 2015 LECTURER: Cal Chaeeson Office: 344 A cwchesso@uncc.edu Tel: 687-7634 TEXT: Business Law –An Accelerated Course, Miller ISBN #: 978-1-285-77019-2 (Required) DESCRIPTION: Legal environment in which business operates today; legal OF social and ethical considerations of managers within COURSE the framework of federal and state regulatory laws; role and Function of federal regulatory agencies and their impact on business activities. COURSE This course is designed to introduce students to various areas OBJECTIVE: .of the law that impact the formation, operation, and ongoing management of businesses. The course additionally provides students with the skills necessary to critically evaluate legal issues in business and make informed decisions when such issues arise. SCHEDULE: Wednesdays 5:30 P.M. – 8:15 P.M.. - Center City 901 - Lecturer will be available prior to and after class, as well as by appointment. ATTENDANCE: Class attendance, as well as class participation, may influence the final grade. Absence at roll-call will be considered as an absence. Regular attendance, promptness, and appropriate classroom decorum is expected. Frequent tardiness, or disruptive classroom behavior may...
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...parties into the courtroom * State the holding of the court * The legal rights and responsibilities of the plaintiff and defendant * The role of ethical theories including Kant and Nozick’s in this case * Propose specific, common sense business practices that may have resolved the conflict Let’s begin with a definition of common law which is applied to all corporations. “Common law is made and applied by judges as they decide cases not governed by statutes or other types of law. Although common law exists only at the state level, both state courts and federal courts become involved in applying it. … Over time, judges began to follow the decisions of other judges in similar cases, called precedents. This practice became formalized in the doctrine of stare decisis” (Mallor, et all, 2010). There were several facts that brought the parties into the courtroom. The litigation began with the conflict between Hooper and Yoder who both started their business in the dairy products field as partners. Surprisingly, there was no formal written agreement for the partnership form of business between them. They created, accepted the rights and shared the duties, assumed business and financial risks, and shared the work load and the profits equally. They both worked hard to build the business. After discussing with lawyers in both Colorado and California, Hooper and Yoder decided to incorporate their business and named it Beautiful Daydreams, Inc. Hooper was named president and treasurer...
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...Studying Legal Environment of International Business INCOTERMS ------------------------------------------------- General Transport[edit] EXW – Ex Works (named place of delivery).[edit] The Seller makes the goods available at his/her premises. This term places the maximum obligation on the buyer and minimum obligations on the seller. The Ex Works term is often used when making an initial quotation for the sale of goods without any costs included. EXW means that a buyer incurs the risks for bringing the goods to their final destination. The seller does not load the goods on collecting vehicles and does not clear them for export. If the seller does load the goods, he does so at buyer's risk and cost. If parties wish seller to be responsible for the loading of the goods on departure and to bear the risk and all costs of such loading, this must be made clear by adding explicit wording to this effect in the contract of sale. The buyer arranges the pickup of the freight from the supplier's designated ship site, owns the in-transit freight, and is responsible for clearing the goods through Customs. The buyer is responsible for completing all the export documentation. Cost of goods sold transfers from the seller to the buyer. FCA - Free Carrier (named place of delivery)[edit] The seller to deliver goods to a named airport, terminal, or other place where the carrier operates. Costs for transportation and risk of loss transfer to the buyer after delivery to the carrier. When...
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