...Chapter 1 Introduction to Law and Legal Reasoning Answers to Questions in the Reviewing Feature AT THE END OF THE CHAPTER 1A. PARTIES The automobile manufacturers are the plaintiffs, and the state of California is the defendant. 2A. Remedy The plaintiffs are seeking an injunction, an equitable remedy, to prevent the state of California from enforcing its statute restricting carbon dioxide emissions. 3A. Source of law This case involves a law passed by the California legislature and a federal statute; thus the primary source of law is statutory law. 4A. Finding the law Federal statutes are found in the United States Code, and California statutes are published in the California Code. You would look in these sources to find the relevant state and federal statutes. Answer to Debate This Question in the Reviewing Feature at the End of the Chapter UNDER THE DOCTRINE OF STARE DECISIS, COURTS ARE OBLIGATED TO FOLLOW THE PRECEDENTS ESTABLISHED IN THEIR JURISDICTIONS UNLESS THERE IS A COMPELLING REASON NOT TO. SHOULD U.S. COURTS CONTINUE TO ADHERE TO THIS COMMON LAW PRINCIPLE, GIVEN THAT OUR GOVERNMENT NOW REGULATES SO MANY AREAS BY STATUTE? BOTH ENGLAND AND THE U.S. LEGAL SYSTEMS WERE CONSTRUCTED ON THE COMMON LAW SYSTEM. THE DOCTRINE OF STARE DECISIS HAS ALWAYS BEEN A MAJOR PART OF THIS SYSTEM—COURTS SHOULD FOLLOW PRECEDENTS WHEN THEY ARE CLEARLY ESTABLISHED, EXCEPTED UNDER COMPELLING REASONS. EVEN THOUGH MORE COMMON LAW IS BEING TURNED INTO...
Words: 2146 - Pages: 9
...Role and Functions of Law LAW/421 The accepted generic definition of law is: “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (Melvin, 2011, ch 1). “While there are many sources of American law, the common characteristic of the current state of law is that it creates duties, obligations, and rights that reflect accepted views of a given society” (Melvin, 2011, ch 1). The functions and role of law in business and society are much in the same; to provide guidance and structure. The laws which guide society and business come from a combination of constitutional law, statutory law, common law and administrative law. (Melvin, 2011, ch 1) Constitutional law is the basis for all other laws and is the “supreme law of the land” in the United States. (Melvin, 2011, ch 1) The Constitution works together with other sources of law in three areas: (1) Establishing a structure for federal and state governments (including qualifications of certain offices and positions) and rules for amending the constitution; (2) granting specific powers for the different branches of government; and (3) providing procedural protections for U.S. citizens from wrongful government actions (Melvin, 2011, ch 1). Not only is there a U.S. Constitution, at the federal level, but each state has their own constitution that “is the highest source of law within the state’s borders” (Melvin, 2011, ch 1). Constitutional issues that impact businesses include...
Words: 608 - Pages: 3
...Lovely Professional University,Punjab Format For Instruction Plan [for Courses with Lectures and Tutorials ] Course No. ECO111 Course Title: MICRO ECONOMICS L: 4 T: 1 P: 0 Cr: 5 Course Planner :- 13612 :: Chander Shekhar Dogra TextBook 1. Geetika, Ghosh Piyali, Purba Roy Choudhury, Managerial Economics, Tata McGraw Hill, New Delhi, 2008 Other Specific Books 2. 3. 4. Other Readings Ahuja, H.L,”Modern Microeconomics Theory and Applications,” Sultan Chand, 2008 Misra and Puri, Economic Environment of Business, 4th Edition, 2007. Samuelson, P.A. and W.D. Nordhaus (1998), Economics, Tata McGraw Hill, New Delhi 2008 Dominick Salvatore, Managerial Economics, Oxford University Press, Sixth Edition Sr. No. Jouranls atricles as compulsary readings (specific articles, Complete reference) 5 6 7 8 Competition and the cartel crusade, Alan Moran. Review - Institute of Public Affairs. Melbourne:Jan 2008. Vol. 59, Iss. 4, p. 57-59 Supply and Demand Irena Asmundson. Finance & Development. Washington:Jun 2010. Vol. 47, Iss. 2, p. 48-49 Impact of Anti dumping measures on Indian Industry by Swati Jain, Sudhir K. Jain, Decision, Vol 35, No 1, January-June, 2008, p 3. The New Global Opportunity by Michael Elliot, Fortune, July 5, 2010, Vol 162, No 1, Relevant Websites Sr. No. Web adress (only if relevant to the courses) Salient Features 9 10 11 www.ecommerce-guide.com www.bloomberg.co.uk www.mit.edu Excellent source of reference...
Words: 2227 - Pages: 9
...Legal Context QUIZ 1 IS3350 Assessment Answer Key Revision Table Change Date Implementation Date Updated Section Change Description Change Rationale 07/11/2011 All New Curriculum New Curriculum September 2011 December 2011 12/02/2011 Q12 and Q32 1) Final Exam Q12: Answer Key modified 2) Final Exam Q32: Both question and Answer Key modified Corrections -1- Change Date: 12/02/2011 IS3350 Security Issues in Legal Context QUIZ 1 Quiz 1 Answer Key Question Number Correct Answer Course Objective Tested 2.1, 2.5 2.3 2.3 1.3 2.5 Reference in Course Source Page (s) Ch 2, p. 37 Ch 2, p. 38 An Introduction to Law and Information Security Issues Ch 2, p. 38 Ch 2, p. 41 Ch 2, p. 56 1. 2. 3. 4. 5. b a b a c -2- Change Date: 12/02/2011 IS3350 Security Issues in Legal Context QUIZ 1 Quiz 2 Answer Key Question Number Correct Answer Course Objective Tested 4.1-4.2 4.2 4.2 4.3 4.4 Reference in Course Source Page (s) Ch 4, p. 94 Ch 4, p. 95 An Introduction to Law and Information Security Issues Ch 4, p. 93 Ch 6, p. 147 Ch 6, p. 161 1. 2. 3. 4. 5. c b c b b -3- Change Date: 12/02/2011 IS3350 Security Issues in Legal Context QUIZ 1 Quiz 3 Answer Key Question Number Correct Answer Course Objective Tested 5.2 5.4 5.1 6.3 6.4 Reference in Course Source Page (s) Ch 5, p. 135 Ch 7, p. 187 1. 2. 3. 4. 5. a c c b d An Introduction to Law and Information Security...
Words: 868 - Pages: 4
...|[pic] |Syllabus | | |College of Criminal Justice SSecurity Security | | |CJS/220 Version 4 | | |The Court System | Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the...
Words: 2497 - Pages: 10
...methods for managing legal risk arising from regulatory compliance issues. Readings Read Ch. 31 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 32 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 33 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 43 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 44 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 45 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 46 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read this week’s Electronic Reserve Readings. Participation Participate in class discussion. 2 Discussion Questions Respond to weekly discussion questions. DQ 1 due Day 3 and DQ 2 Due Day 5 2 Nongraded Activities and Preparation Podcast Listen to the Week Four podcast. Learning Team Reflection Check out the local and national news sources and find a current event that reflects what we are learning this week-- Write a 350- to 1,050-word team paper explaining the event and its relevance to the week’s studies-- Day 6 1 Individual . Resource: University of Phoenix Material: NewCorp Legal Scenarios on student...
Words: 594 - Pages: 3
...Lovely Professional University, Punjab Course Code COM354 Course Category Course Title TAX LAWS-II Courses with Numerical focus Course Planner 17055::Shikha Bhasin Lectures 4.0 Tutorials Practicals Credits 1.0 0.0 5.0 TextBooks Sr No T-1 Title Indirect Taxes Laws & Practice, Reference Books Sr No R-1 R-2 Other Reading Sr No OR-1 OR-2 OR-3 OR-4 OR-5 OR-6 OR-7 OR-8 Journals articles as Compulsary reading (specific articles, complete reference) Mohan Rajat "Service Tax Planning- Limits of Management Consultancy Services" [http://www.caclubindia.com/articles/service-tax-planning-limitsofmanagement- consultancy-services-4073.asp] , Thakur Pradeep & Dhawan Himanshi, "ED asks for CWG broadcast contract details" Times of India, Nov 11, 2010 [http://timesofindia.indiatimes.com/india/EDasks- for-CWG-broadcast-contract-details/articleshow/6904772.cms] , Bhalla Monish "Unprofessional Service Tax rules for certain professionals" on 04 November 2010 [http://www.caclubindia.com/articles/unprofessional-servicetaxrules-for-certain-professionals-7363.asp] , CA. Mohan Rajat "GST recent developments" [http://www.caclubindia.com/articles/gst-recent-developments-5308.asp] , Singh Kumar Dheeraj "Historical Background of VAT" [http://www.caclubindia.com/articles/historical-background-of-vat-1716.asp] , By Mahony,Megan , Journal of State Taxation. Nov/Dec 2012 Vol 31 Issue , P 15-18 4P- An recent activity related to sales Tax , By Piquado ,Paul , Federal register 10/22/2012, Vol 77 Issue 204 P 64468-64471-...
Words: 3216 - Pages: 13
...Case Review Worksheet CJ/354 Week Two Worksheet Part I: Case Review Review the cases below by going to the “Detailed Contents” section of the Contemporary Criminal Law textbook. After reviewing the case, select the defense that was represented in the case from the following list: necessity | self-defense | defense of others | defense of home and property | resisting unlawful arrest | consent | duress | intoxication | mistake | age or infancy defense | entrapment | syndrome-based defenses | insanity defense | | | 1. Case 1: State v. Dejarlais State v. Dejarlais section in Ch. 8 of Contemporary Criminal Law Defense used: Consent 2. Case 2: Lopez v. State Lopez v. State section in Ch. 9 of Contemporary Criminal Law Defense used: Insanity Defense 3. Case 3: People v. Ceballos People v. Ceballos section in Ch. 8 of Contemporary Criminal Law Defense used: Defense of Home and Property, Necessity 4. Case 3: Brazil v. State Brazill v. State section in Ch. 9 of Contemporary Criminal Law Defense used: Age or Infancy Defense Part II: Short Answer Answer, in a minimum of 50 words, each of the following questions: 1. What is the adversarial system? The adversarial system, also known as adversary system. Many also refer to it as the legal system. They develop and present any arguments, gather, and submit any evidence they may have, as well as questioning any witnesses. Both parties are represented by attorneys...
Words: 648 - Pages: 3
...4.0 Tutorials Practicals Credits 1.0 0.0 5.0 TextBooks Sr No T-1 Title Microeconomics Theory and Applications Reference Books Sr No R-1 R-2 R-3 Other Reading Sr No OR-1 OR-2 OR-3 OR-4 OR-5 OR-6 OR-7 Journals articles as Compulsary reading (specific articles, complete reference) Kwang Ng,Yew,Why Is a Financial Crisis Important? The Significance of the Relaxation of the Assumption of Perfect Competition,International Journal of Business and Economics,2009,Vol.8,No.2,91-114 , Roman Indrest and Tommasso Valletti,Price Discrimination in input markets,The Rand Journal of Economics,Vol. 40,No.1,Spring 2009,1-19 , Cordtz,Dan,Car wars: A global report on Auto Industry,FInancial World,August 22,1989;158,17;ABI/INFORM Global , S.k.Mishra,A Brief History of Production Functions,The IUP Journal of Managerial Economics,November,2010,Vol. VIII,No. 4,pp.6-34 , Monika Jain,Paradox of Plenty,with Special Reference to Inelastic Demand for Apples,The IUP Journal of Managerial Economics,May,2011,Vol. IX,No. 2,pp.4455 , Cathy Locke Bee Staff Writer. The Sacramento Bee ,"EID report reveals household water use on rise An analysis of supply, demand recommends holding off on meters" http://search.proquest.com/docview/246565304?accountid=80692 , Yeung; Vincent Mok,Regional monopoly and interregional and intraregional competition :The parallel trade in coca cola between shanghai and Hangzhou in China,Economic Geography; Jan 2006; 82, 1; ABI/INFORM Global,pp.89-109 , Title Managerial Economics Author Damodaran...
Words: 3278 - Pages: 14
...Tutorials Course No CHE101 Course Category Cours Title CHEMISTRY Courses with numerical focus Course Planner 14863 :: Ashish Kumar Pandey Lectures Tutorial Practical Credits 3 1 0 4 Text Book: 1 Zumdahl,S., Chemistry: Concepts and applications, Cengage Learning,Indian Edition-2011 Other Specific Book: 2 Suba Ramesh, S.Vairam, Pradnya Tej Godbole ,Engineerig Chemistry, John Wiley, Ist edition ,2011 3 R.T. Morrison and R.N. Boyd, S.K.Bhattacharjee, Organic Chemistry, 7th Edition, Pearson Other Reading Sr No Jouranls atricles as compulsary readings (specific articles, Complete reference) 4 http://onlinelibrary.wiley.com/journal/10.1002/(ISSN)1097-4601 5 http://www.springer.com/chemistry/electrochemistry/journal/10800 6 http://www.sciencedirect.com/science/journal/13882481 7 http://www.springerlink.com/content/100224/ 8 http://www.sciencedirect.com/science/journal/00108545 9 http://pubs.acs.org/journal/joceah 10 http://www.sciencedirect.com/science/journal/00323861 Relevant Websites Sr. No. (Web adress) (only if relevant to the courses) 11 http://www.klte.hu/~lenteg/animate.html 12 http://dwb4.unl.edu/chemAnime/atomic_orbits.htm Salient Features Chemistry animation and videos Atomic orbital animations 13 http://www.mhhe.com/physsci/chemistry/essentialchemistry/fla Hybridization animation sh/hybrv18.swf 1 Approved for Spring Session 2011-12 14 http://www.mhhe.com/physsci/chemistry/animations/chang_7e VSEPR animation _esp/bom3s2_7.swf 15 http://jchemed.chem.wisc.edu/JCEDLib/WebWare/collection/o...
Words: 1906 - Pages: 8
...SYLLABUS LAW/531 Business Law Copyright ©2014 by University of Phoenix. All rights reserved. Course Description This course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization's legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product liability, international law, business risks, intellectual property, legal forms of business, and governance. Course Dates Oct 14, 2014 - Nov 24, 2014 Faculty Information Name : Email Address : Alternate Email Address Phone Number : ADRIENNE YEUNG (PRIMARY) Not Available Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents (both located on your student website): • Academic Policies University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Get Ready for Class • Familiarize yourself with the textbook used in this course. Course Materials All electronic materials are available on your student website. Week1 Legal Forms of Business and Alternative Dispute Resolution Tasks • Review the Week 1 Study Guide. • Review the Knowledge Check Faculty and Student...
Words: 2154 - Pages: 9
...software, you can download it for free at www.winzip.com . If you don't receive any download link within a minute. Please contact us immediately. ( hwminute@gmail.com) Visit Website: http://hwminute.com/ Week One: Ethics and the Criminal Justice Practitioner Details Due Points Objectives 1.1 Explain the importance of ethics to the criminal justice practitioner.1.2 Distinguish between morality, ethics, duties, and values.1.3 Explain common theories related to ethics in criminal justice. 1.4 Analyze ethical decision-making processes. Reading Read the Week One Read Me First. Reading Read Ch. 1 of Justice, Crime, and Ethics. Reading Read Ch. 2 of Justice, Crime, and Ethics. Reading Read Ch. 3 of Justice, Crime, and Ethics. Reading Read this week’s Electronic Reserve Readings. Participation Participate in class discussion. 4 of 7 days 1 Discussion Questions Respond to weekly discussion questions. DQ1 due day 3DQ 2 due day 5 3 Learning Team InstructionsLearning Team Charter Select Learning Team members who work together throughout the course.Create the Learning Team Charter. Day 7 Learning Team InstructionsWeekly Team Review Review the Week One objectives and discuss insights and questions you may have. Learning Team InstructionsEthical Decision-Making Paper (Preparation) Begin working on the Ethical Decision-Making Paper due in Week Two. IndividualEthics Awareness Inventory Complete the Ethics Awareness Inventory (EAI), located on the...
Words: 2049 - Pages: 9
...other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix® editorial standards and practices. ------------------------------------------------- Course Description This course is an introductory overview of the organization and jurisdictions of local, state, and federal law enforcement, judicial and corrections agencies, and processes involved in the criminal justice systems. It examines the historical aspects of the police, the courts, and the correctional system, as well as the philosophy. Additionally, career opportunities and qualifying requirements, terminology, and constitutional limitations of the system will also be covered. ------------------------------------------------- Course Topics and Objectives Week One: The Criminal Justice System 1 * Define crime and its relationship to law. * Describe the two most common models of how society determines which acts are criminal. * Identify choice theories of crime and their underlying assumptions. * Identify instruments for measuring crime. Week Two: The Criminal Justice System * Describe...
Words: 3639 - Pages: 15
...As was true with contracts entered into by persons lacking contractual capacity, contracts lacking genuine assent are voidable, not void. Ch. 14: Contracts: Genuineness of Assent - No. 1 West’s Business Law (8th ed.) MISTAKE Mistake: The parties entered into a contract with different understandings of one or more material fact(s) relating to the subject matter of the contract. Unilateral Mistake: A mistake made by one of the contracting parties. Generally, a unilateral mistake will not excuse performance of the contract unless: (1) the other party to the contract knew or should have known of the mistake; or (2) the mistake is one of mathematics only. Mutual Mistake of Fact: A mistake on the part of both contracting parties as to some material fact. In this case, either party may rescind. Mutual Mistake of Value: If, however, the mutual mistake concerns the future market value or some quality of the object of the contract, the contract can normally be enforced by either party. Ch. 14: Contracts: Genuineness of Assent - No. 2 West’s Business Law (8th ed.) FRAUDULENT MISREPRESENTATION When an innocent party consents to a contract with fraudulent terms, he or she may usually avoid the contract, because he or she did not genuinely assent to the fraudulent terms. Elements of Fraudulent Misrepresentation: (1) A misrepresentation of material fact was made, (2) with the intent to deceive, (3) on which the innocent party justifiably relied (4) resulting...
Words: 965 - Pages: 4
...included in new HIPAA Law to existing policies. Health informatics professionals need to be aware of new laws and regulations, how they impact the healthcare organization, and how best to educate staff on any workplace changes. This task will provide you with two documents. First, read the attached “Health Record Policies,” which includes policy draft excerpts. Next, read the attached “Sections of Montana Code,” which includes definitions from Montana law pertaining to the validity of consent of minor for health services (41-1-402), confidentiality of health information (50-16-603), patients’ examination and copying (50-16-541 and 50-16-542), and reasonable fees allowed (50-16-540). Task: A. Evaluate the two policies in the attached “Health Record Policies” by doing the following: 1. Discuss what information should be included in an addendum pertaining to a shadow chart. 2. Discuss how information technology staff can help decrease incidents of security breaches. B. Discuss one situation from Montana Code 41-1-402 (2a through 2d) that may result in criminal liability to the organization if not followed. 1. Summarize how HIPAA defines criminal liability. 2. Explain which part of 2a through 2d of Montana Code 41-1-402 would directly impact actions of clinical staff. C. Discuss one situation from Montana Code 50-16-603x (1 through 7) specific to health record identification that may result in a legal claim against the organization if not followed. 1. Develop a confidentiality...
Words: 2207 - Pages: 9
