...LAW 531 WEEK 1 A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-1 Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION LAW 531 Week 1 Introduction The cost of taking a lawsuit to court can be very expensive for a business or company. Knowing that are more option available to you to weigh your option before take a lawsuit or a case to trial could save you time and money. Not every case even makes it to the courtroom because they are solved outside the through alternative dispute resolution, ADR. Understanding how a ADR works and the process of going through the courts are valuable to know and something that anyone in a corporate business setting should have some insight on in case of an incident may arise within your business. Legal Phases Initiating a lawsuit, the plaintiff must prepare a petitionand take this form for to the Clerk of Courts for filing. Once this is done you have to give legal notice to the person or company you are suingthat you have filed a lawsuit against them. This person is better known as the defendant. He defendant may or may not file a response to the lawsuit, which is called an answer or counter claim with the court clerk. The plaintiff has moved on to the discovery process where to get information from the other side of the lawsuit by interrogatories or a disclosure. Another way for the plaintiff and defendant get information is by an oral or written disposition where they...
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...Individual Paper: Legal Forms Of Business with Supporting Scenarios Chanel Moore-Bass Law/531 Business Law March 19, 2012 Carmina Perez-Fowler, UOPX Faculty Online Week Two: Individual Paper: Legal Forms Of Business with Supporting Scenarios There are seven major forms of business: sole proprietorship (sole trader), partnership, limited liability partnership (LLP), and limited liability company (LLC), subsidiary or subchapter corporation (S), franchise, and corporate/company (C- traditional). The various forms of businesses are established and recognized by state laws. To determine the type of business form to use, it is important to know the differences, advantages, and disadvantages. Sole trader/proprietor is the clearest and simplest form of business to establish. It is just one owner, debt/tax liabilities fall on the owner, the income (profits/losses) reports on personal tax return. Examples of sole proprietorship are franchise, self employment, and independent contractor. Advantages are total autonomy of the business, no legal procedure to setup, no set hours/wages, and no shareholders. Disadvantages are if owner dies the business dissolves, full responsibility of tax/debt liabilities, difficulty obtaining long-term financing, and personal liability if sued. General partnership is more than one owner, involving verbal or oral agreement but not filing paperwork to create a specific entity, such as a corporation or LLC, either partner can bind the business to a contract...
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...Legal forms of business Legal forms of business University of Phoenix Law/531 Week 2 Donna McKenzie Stanley P. Santire March 17, 2012 Literature reporters stated that business preferences are based on availability in states of residences based on the preferred structure (Fordham Urban Law Journal, 2005). Prior to January 1, 1998, availability for individual business ownership was limited to SP (Sole Proprietorship) or corporations. The amendment of the limited liability company act now makes it permissible for a one person LLC (Limited Liability Company). (AAES Project, 1998). After reviewing the options for a business structure, I made the decision to be a sole proprietor. A $10,000 capital investment was placed in the business and the business was started. A large profit was made in the first year and the gain was reinvested in the business. The sale of nursing uniforms continued to grow and started to attract investors but these were turned down because my sole ownership does not require the rental of a building. Marketing is done by tweets, fax or other technological methods by the customers. This, in turn, attracts new business, both from organizations and the public. A preferred form of business for proprietorship is for small businesses similar to mine. The main reason for the choice of sole proprietorship is the size of the business. The advantages gained for this type of business include ease in starting the business, low legal fees, minimal paperwork and...
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...Law 531/ Business Law Legal Forms of Business As an entrepreneur one of the most important decision to make, when starting a business is the legal form of the business. In making this decision many factors are taken into consideration, such as financial resource for business, government rules and regulation, and personal liability. In this paper a discussion regarding the different forms of business including scenarios of these form and explanation on why this corresponding business form is preferred. Sole Proprietorship According to Cheeseman (2010), a sole proprieship is the simplest form of business organization and there is no separate legal entity. (p. 530). Under sole proprietorship the business is owned and executed by a single person. The proprietor makes all the management decisions and has authority to receive profits. Sole proprietorship business could easily be sold or transferred if the owner choose, no other approval is necessary. Scenario: A small neighborhood businesses, sometimes called, neighborhood store, are an example of sole proprietorship. Creating a sole proprietorship is easy and low cost with no government approval is required at the federal and state level. A license to do business within the city is required at the state level. This form of business is excellent for a person with limited amount of money to start a small business, Sole proprietorship is responsible for business’s contract and torts committed, The sole proprietorship has...
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...LAW 531 WEEK 3 ASSIGNMENTS A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-3-assignments Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION LAW 531 Week 3 Assignments Week Three IRAC Brief Case:DePuy Orthopaedics, Inc. v. Waxman. August 3, 2012. In the outlined case, DePuy is trying to sue one of their distributors Joint Venture for breach of a non-compete agreement. Under the non-compete covenant Joint Venture disclaim the rights to any of DePuy intangible assets, including intellectual property (IP), goodwill, and customer lists. DePuy claims that Joint Venture breached the non-compete agreement which caused a drop in sales and damaged their relationship with customers in the territories outlined within the agreement.Therefore, the legality of the contract enforced due to the breach of the non-compete agreement. According to Cheeseman 2013, “the section 2-201(1) statue of sales contracts of Uniform Commercial Code laws help prevent fraud like this case” (p. 171). To avoid this case by Depuy or any other companies’ managerial setting must specify agreements with language that is comprehensible by both parties in written valid contracts. Issue:Was there a breach to the contract, under that non-compete covenant between DePuy and Joint Venture? What kind of defenses do companies use to mitigate risk related to personal, real, or intellectual property (IP) issues? The main reason this case went to court...
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...Assignment: Corporate Compliance Plan LAW/531 YOUR NAME(S) DATE NAME OF PROFESSOR Corporate Compliance Plan DATE Memo to: Riordan Officers and Directors From: YOUR NAME Re: Managing legal liability This memo implements enterprise risk management such as prevention and management strategies for Riordan officers and directors (O/D) to implement in areas of legal risk based on the Committee of Sponsoring Organizations of the Treadway Commission’s (COSO) recommendations. COSO in a voluntary private organization that helps businesses establish, “more effective, efficient, and ethical business operations on a global basis.” (COSO, 2008). Alternative Dispute Resolution (ADR) Legal Principle: ADR is an alternative form of settling legal disputes that is less costly and time consuming than courtroom litigation. (Jennings, 2006). Binding arbitration, for example, is where the dispute cannot be escalated to a formal litigation. (Jennings, 2006). Laws: Business torts include intentional, liability, and strict tort liability such as invasion of privacy, negligence—when a party does not live up to the expected standard of care, or strict tort liability—when there are few defenses to a direct violation of a federal law. (Jennings, 2006). Liability: Riordan’s O/D who will be held liable for the tort of negligence if, for example, a custom heart valve is defective causing harm or death to the patient. (UOP, 2008). Legal consequences may include fines or prison...
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...The Legal System and ADR Analysis LAW 531 October 1, 2013 The Legal System and ADR Analysis There are various phases of the legal system that a business dispute must undergo before the dispute, or complaint, is resolved. These stages are commonly referred to as pretrial litigations, in which parties typically prefer to settle disputes within these pretrial stages to avoid costly legal fees. “The use of the court system to resolve business and other disputes can take years and cost thousands, or even millions, of dollars in legal fees and expenses” (Cheeseman, 2013, p. 52). Methods of nonjudicial dispute resolution, commonly referred to as alternative dispute resolution (ADR), are normally used to allow disputes to be resolved outside the court judicial system. The forms of ADR are negotiation, mediation, mini-trial, fact-finding, using a judicial referee, and arbitration, which is the most common method (Cheeseman, 2013). These forms of ADR can be applied to many different business disputes, in which some forms are more suitable to some cases than others. In regard to the case of City of Elsa v. Gonzalez, the legal process will be evaluated, the most appropriate ADR method to use will be recommended, and the differences cost benefits between traditional litigation and pursing ADR will be discussed. The Legal Process As stated above, there are various phases of the legal process that business disputes go through before a settlement has been reached. The first step of...
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...LEGAL FORMS OF BUSINESS Legal Forms of Business Law/531 April 12, 2012 Robert Payne Legal Forms of Business Choosing the proper business organization structure is one of the most important decisions that a business owner must make. The type of organization will determine how the business handles tax matters and whether there is protection against personal liability. A business owner should consider several factors in choosing a business structure, including the number of individuals in the business, type of business, profitability of the business and insurance. In this paper I will explain the legal forms of business, sole proprietorship, partnership, limited liability partnership, limited liability company, S corporation, franchise, and corporate form. I will develop a scenario explaining each form of business and why it was chosen. Sole Proprietorship “A sole proprietorship is the simplest form of business organization. The owner of the business, the sole proprietor, is the business” (Cheeseman, 2010, Business Ethics and International Issues, pg. 530). For example, an individual who makes and sells jewelry for a profit would benefit from being a sole proprietorship. It is the easiest business to form, does not cost a lot, and must be registered with the Secretary of State. The sole proprietor would own all the business, have the right to all the profits, and will not pay taxes on the business because sole proprietorships are not separate legal entities...
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...Running Head: Business Simulation Business Regulation Simulation LaToya Brown Law 531 Gale Francis July 19, 2010 Alumina is a $ 4 billion aluminum maker. Based in the United States; Alumina operates in eight countries around the world, with the U.S. accounting for 70% of its sales. Alumina has business interests in automotive components, bauxite mining, aluminum refining, and aluminum smelting. Alumina falls under the jurisdiction of region 6 with the EPA. (University of Phoenix, 2010). As a part of the alumina family, I am resolving allegations of a claim by Kelli Bates in conjunction with a violation of EPA practices. Alumina was cited five years ago for failure to comply with regulations for contaminating the city lake. The PHA levels in test forms were above the subscribed limit and Alumina was ordered to clean the lake up. When being cited for these issues, Alumina unsuccessfully showed that it did not have systems in place to deal with a crisis of this magnitude. As a result, alumina complied with the notice to clean it up and has since had problems with the EPA. (University of Phoenix, 2010). A report in the Erehwon Reporter featured Kelli Bates, a resident of the city. She claims that her daughter was stricken with leukemia from Alumina’s dumping carcinogenic effluents into the lake (University of Phoenix, 2010). Bates also believes that her daughter’s illness may be as old as the first violation with the EPA (University...
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...Litgation Paper Pamela Plamondon LAW/531 December 17, 2012 Arlana Spikener, JD Litigation Paper Understanding alternative methods of dispute for resolution is important; because most case never goes to court they are settled before they are heard by the courts. The traditional litigation system and nontraditional litigation both strive to settle the dispute or resolution that both parties agree upon. This paper will compare and contrast traditional litigation with the nontraditional forms of ADR. Compare Both traditional litigation system and nontraditional forms of ADR both strive to find a resolution to a legal dispute. With both systems the parties involved in the dispute can be represented my legal counsel. The resolution is determined by a third party, example; jury, judge, court appointed arbitrator, mediator, judicial referee, or conciliator (Cheeseman, 2010). In cases involving a jury the jury will deliberate and read the finding to the judge, the judge will issue the final resolution. In cases using ADR, the third party usually arbitrator or mediator will determine the resolution. Contrast As stated above both the traditional litigation system and nontraditional strive to get a resolution to a dispute. What is different is how the resolution is made. Traditional litigation can be time-consuming and can become very expensive for both parties involved. There are several steps to the traditional litigation; pleadings, discovery, dismissals and pretrial...
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...LAW 531 Week 1 Quiz To Buy This material Click below link http://www.uoptutors.com/LAW-531/LAW-531-Week-1-Quiz LAW 531 Week 1 Quiz 1.) George has served Mary with a complaint alleging breach of contract. Mary has never been sued before and as such, she seeks your advice on what to do with the complaint. You advise that she answer George’s complaint but do not provide any affirmative defenses that George can use against her should not respond to George’s complaint as an answer implies an admission write a letter to the judge saying that George is mistaken answer George’s complaint by admitting or denying the allegations George has asserted against her 2.) Which of the following is true of The Federal Arbitration Act? It permits an appeal for all arbitration awards. It provides that arbitration agreements are valid, irrevocable, and enforceable. It governs all types of alternative dispute resolution. It applies only to breach of contract disputes. 3.) Which of the following is true of arbitration? A resolution may or may not be reached. One party usually drops the case. Parties can introduce evidence to support their case. A judicial referee makes recommendations to the parties. 4.) Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and decide their dispute? Mediation Conciliation Arbitration Minitrial 5.) Which of the following is true of a corporation? A corporation terminates...
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...Traditional and Non Traditional Litigation Law 531 Tarun Adams The purpose of this paper is to compare and contrast the traditional litigation system with the nontraditional forms of Alternative Dispute Resolution (ADR). Traditional Litigation is defined as “The process of bringing, maintaining, and defending a lawsuit is called litigation. This is also called judicial dispute resolution because courts are used to decide the case.” Alternative Dispute Resolution (ADR) is defined as “methods of resolving disputes other than litigation.” By far the most common form of ADR is arbitration, however other types of ADR exist such as negotiation, mediation, conciliation, mini-trial, fact-finding, and the use of a judicial referee. “ Negotiation is a procedure whereby the parties to a dispute engage in negotiations to try to reach a voluntary settlement of their dispute.” Mediation is another type of negation in which all parties involved in the issue select and agreed to use neutral third party that assumes the role of an intermediary that between both parties. The sole purpose of this intermediary is to facilitate a settlement between the parties. If an accord is reached by the disputing parties, then a settlement agreement is written and executed by the parties. Conciliation is a method of ADR frequently used when the parties involve do not wish to face each other in a confrontational venue. In this method an interested party known as a conciliator assists the party’s...
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...Forms of Business Business Law/531 Forms of Business A sole proprietorship owner is liable for 100% of the business. This means that any debts of the business are also debts of the owner (Chesseman, 2010). This is a disadvantage for a sole propriety owner. Sole proprietor owner gets a tax break. The owner can file a single personal tax form. A sole proprietor is also subject to the least amount of government regulations of all business entities (Chesseman, 2010). When it comes to running this type of company, there are no legal formalities to forming or dissolving ones business. This is because there are no shareholders, investors or banks involved.When an owner of a sole proprietorship dies, the business dies with them ( Chesseman,2010). One can also convert one’s business into a partnership. In a partnership partners share profits and the losses together. Partners have shared responsibility with debts from business deals. Both partners are subject to financial liability if one partner is negligent.A partnership is exempt from double taxation. In a partnership owners can claim their portion of income generated through the business as personal income tax (Chesseman, 2010). When in a partnership, partners owe a contractual and fiduciary duty to one another (Chesseman, 2010). Partners have to trust one another because they have a fiduciary duty to each other. Partners should not borrow money, enter into secret contracts, or do anything illegal without other partners...
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...RUNNING HEAD: Riordan Corporate Compliance Plan Gregory L. Flanders Business LAW 531 Professor Linda Fried 17 July 2011 Corporate Compliance Plan Date: July 18, 2011 Subject: Riordan Corporate Compliance Plan To: Riordan Executive Officers and Directors I. Introduction Riordan Manufacturing was founded in 1991 with patent awards from processing polymers into strong plastic substrates. Riordan Manufacturing is a profitable plastics manufacturer with annual earnings of $46 million. The company is wholly owned by Riordan Industries, a Fortune 1000 company with revenues over $1 billion. The products include plastic beverage containers produced at the plant in Albany, Georgia, custom plastic parts produced at the plant in Pontiac, Michigan, and plastic fan parts produced at the facilities in Hangzhou, China. The company's research and development is done at the corporate headquarters in San Jose. Riordan’s major customers are automotive parts manufacturers, aircraft manufacturers, the Department of Defense, beverage makers and bottlers, and appliance manufacturers (University of Phoenix, 2003). II. Corporate Compliance Overview Senior leadership for Riordan Manufacturing, Inc. created a corporate compliance plan tailored to the corporation’s specific areas of plastic research and development, design, and manufacturing business. Riordan’s policies set forth in this document applies equally and legitimately to each employee without any regard to...
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...The Litigation Process LAW/531 February 20, 2012 The Litigation Process According to "Methods For Resolving Conflicts And Disputes" (2012), In today's complex society we all deal with conflict in our daily lives; at home, work, school, in personal and business relations. Most of us would prefer to have our conflicts resolved fairly without violence or animosity. We would like our differences settled at the least cost and stress to ourselves, families, jobs or businesses.” (para. 1). According to Miller Johnson Schroeder, PLC (2012), “Litigation, or dispute resolution, is the process by which lawsuits are handled”. As settlement Offers are usually settled prior to court in a form of Alternative Dispute Resolution, some people prefers to have their cases soled in the court room. Benefits of counsel’s in solving litigations Team B discussed the benefits a counsel provides in helping a victim to decide whether to take a settlement offer or pursue litigation. Team B agreed that what a lawyer does usually is to spot strengths and weaknesses in your case, which affect the value of the case itself. For this matter skills are needed in order to know how to evaluate a case properly, taking into account all of the damages available both past, present and future. Counsel will be the third party to help negotiate a settlement outside of court. Counsel should be involved before you attempt to settle since, typically, you will be setting...
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