...Mark Cheng 1. What are suspect classifications and what is meant by strict scrutiny? The suspect classifications most frequently at issue are racial classifications. Traditionally, race and national origin were the only suspect classifications. For a time, however, it appeared that alienage would be viewed as a suspect classification as well, and classifications based on alienage would therefore be subjected to the strict scrutiny standard of review. However, such extensive exceptions have been made to the use of strict scrutiny in cases involving laws which discriminate based on alienage that it too has essentially been relegated to the realm of intermediate scrutiny (with laws that discriminate on the basis of gender). So far, no classifications other than those based on race and national origin have been squarely labeled “suspect” by the Supreme Court, but it is important to know that the door is open. It is also important to note that while no other types of classifications have been deemed “suspect,” the same strict scrutiny standard applied to these classifications is also applied to laws which burden fundamental rights regardless of who is burdened or whether a suspect classification is used. In order to apply the strict scrutiny standard based on the use of a racial classification, the classification must be (1) purposeful, and (2) invidious. We will address each in turn. For a court to apply strict scrutiny, the legislature must either have significantly abridged...
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...year law student. I am writing this letter to explain how the legal classification has assist me in developing the competency for this quarter (i.e. Legal analysis) furthermore I will explain about the public and private law distinction which is in crisis and at last, I have made a table that classifies my first year subjects in three different categories which are: public law, private law and International law. Classification of law has played a major role for me in developing the competency for this quarter; legal analysis is the specific competence that enables us to understand the legal issues (legal questions) and applying the legal rules to the relevant facts so that we can come to a conclusion....
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...2014年4月18日 The Role and Functions of Law in Business and Society - Yahoo Voices - voices.yahoo.com Voices Search News Sports Tech Travel All Categories Sign in Mail Entertainment Auto Business Creative Writing Health Legal Home Improvement Lifestyle Business to Business Careers & Job Searching Marketing Nonprofit Information Real Estate The Role and Functions of Law in Business and Society Melissa Bushman, Yahoo Contributor Network Feb 10, 2007 Related Results Investment Advice Find, com pare & read real rev iews of financial planners www.StartLocal.com .au Need A Voice Over? Post a Job & Get Free Quotes Today ! Voices.com MORE: Criminal Law Civil Law Executive Orders Constitutional Law Traffic Court $1,339 Monthly Dividends Flag Post a comment This sim ple strategy is m aking m e $1 ,3 3 9 on av erage per m onth. www.GlobalDiv idends.com Sponsored Results Introduction Law plays a significant role in the successful operation of business and society. Laws regulate social behavior, which leads to a society that runs efficiently. Laws also supply ethical standards and expectations, while providing rules of conduct, measures to enforce those rules, and a means for settling disputes. Other functions of law include: peacekeeping; checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social...
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...After the start of World War II, there were laws made in which men had to register through a new classification system. This was passed by Congress after the United States joined the war and was known as the Selective Training and Service Act. This act had several classifications given to the people, which had required some to be drafted to war without a choice. More specifically, the classifications were noted in this document and said, “A person given the 1-A classification was at the top of the conscription list; 4-F meant the person was physically unable to enter the military. The act also assigned two classifications for those opposed to the war: 1-AO, for people who would be willing to work in the medical corps, and 4-E, ...for those...
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...when a property of exposure is insured, such as failing to lock the doors or roll up the windows of your car or leaving valuables in plain sight in your car . . .especially during the holiday season. Physical hazards refer to the physical features that can lead to an increase in the chance of loss from certain perils. examples : According to poor brakes and engine problem in heavy rains can nause road accidents. Explain briefly the law of large number In probability theory, the law of large numbers (LLN) is a theorem that describes the result of performing the same experiment a large number of times. According to the law, the average of the results obtained from a large number of trials should be close to the expected value, and will tend to become closer as more trials are performed. For example, a single roll of a six-sided die produces one of the numbers 1, 2, 3, 4, 5, or 6, each with equal probability. Therefore, the expected value of a single die roll is ( 1+2+3+4+5+6) / (6) = 3.5. According to the law of large numbers, if a large number of six-sided dice are rolled,...
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...MANAGEMNT YEAR 1 SEM II HBC 2112 BUSINESS LAW 1 HPS 2204 BUSINESS LAW 1 Lecturer: Jean Mzera Uzel 0721586918 EMAIL Jeanmzera@yahoo.com Introduction This unit is designed for business students to give them a focus in law in the society and business environment. It deals with a panorama of the most important activities in the business law which will enable them to understand and function effectively in today’s business environment. Course target The target group for this unit is the undergraduate students pursuing the business studies as a course. Course delivery This course will be administered using lectures and group discussions. The students’ participation in group assignments will contribute to their final course grade. Learning outcomes By the end of this unit, it is expected that the students will be able to: * Identify the entities involved in business law * Know the criteria that company managers can use to make business law decisions. * Appreciate the sources of law in Kenya and constitution making * Appreciate the law of persons, law of contract, law of tort, law of agency and negotiable instruments and their respective applications in the business environment. COURSE PLAN week | course topic | key coverage | mode of presentation | Evaluation orExercise | One | Nature and functions of law in society and business environment | 1. Classification of law 2. Sources of law in Kenya * Constitution * Statute law * Delegated legislation * Statutes of...
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...The PCI-DSS Framework: Protecting Stored Cardholder Data Wednesday, November 25th 2009 Contents The PCI-DSS Framework: Protecting Stored Cardholder Data 3 Introduction 3 PCI-DSS Compliance 4 Solutions for Encrypting Data at Rest 4 Data Classification, an Alternative to Encryption 8 Building Policies and Procedures 12 Conclusion 12 References 14 The PCI-DSS Framework: Protecting Stored Cardholder Data Introduction Payment cards, whether they are debit or credit cards are an essential component of modern commerce. EMV-based cards have already helped improve the security of millions of bank cards throughout the world, giving even more people the confidence to make payments. But there are other security concerns associated with bank cards. (Card Technology Today, 2009) Globally, debit and credit cards are used for a wide variety of payments with Internet card payments increasingly significantly in recent years. However, with this growth in Internet-based transactions has come an increase in stories related to Card Not Present (CNP) fraud via Internet channels. (Laredo, 2008) The proliferation of fraud and identity theft cases has put the Payment Card Industry (PCI) on the offensive frontlines. (Morse and Raval, 2008) American Express, Discover, JCB, MasterCard, and Visa have joined forces and formed the PCI Security Standards Council, an independent...
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...Classification of Corporations V. CLASSIFICATIONS OF CORPORATIONS 1. In Relation to the State: (a) Public corporations (Sec. 3, Act No. 1459) § Organized for the government of the portion of the state (e.g., barangay, municipality, city and province) § Majority shares by the Government does not make an entity a public corporation. xNational Coal Co., v. Collector of Internal Revenue, 46 Phil. 583 (1924). (b) Quasi-public corporations xMarilao Water Consumers Associates v. IAC, 201 SCRA 437 (1991) Although Boy Scouts of the Philippines does not receive any monetary or financial subsidy from the Government, and that its funds and assets are not considered government in nature and not subject to audit by the COA, the fact that it received a special charter from the government, that its governing board are appointed by the Government, and that its purpose are of public character, for they pertain to the educational, civic and social development of the youth which constitute a very substantial and important part of the nation, it is not a public corporation in the same sense that municipal corporation or local governments are public corporation since its does not govern a portion of the state, but it also does not have proprietary functions in the same sense that the functions or activities of government-owned or controlled corporations such as the National Development Company or the National Steel Corporation, is may still be considered as such, or under the 1987 Administrative...
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...Law 1. Define company? How many kinds of companies? Distinguish between private Ltd. and public Ltd. company. 2. What is Memorandum of Association? What are the elements of Memorandum of Association? What are the stages in the formation of a company? 3. What is capital? Describe briefly the source of companies’ capital? Define share? Describe briefly the classification of share? 4. Define contract? Describe briefly the essential elements of contract? Define Law? Describe briefly the classification of law? 5. Define partnership? The essential elements of partnership? Classes of partners and classes of partnership? 6. Short Notes: a) Article of Association. b) Difference between Memorandum of Association and Article of Association. c) Authorized Capital. d) Paid-up capital. e) AGM f) EGM. Q: What is contract? Describe the elements of contract? Ans. Section 2(h) of the Contract Act, 1872 provides that, “An agreement enforceable by law is a contract.”Therefore, in a contract there must be (1) on agreement and (2) the agreement must be enforceable by law. Agreements which are not enforceable by law they are not contract. Elements of contract: The essential elements of a contract are explained below: (1) Offer and acceptance: There must be a lawful offer by one party and a lawful acceptance of the offer by the other party or parties. “Lawful” implies that the offer and acceptance must conform to the rules laid down in the contract act 1872. (2) Intention...
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...Constitutional Law II Tebbe Spring 08 4 Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate...
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...Classifications of Law The classification of law starts with the understanding of the two major legal systems, common law and civil law. Common Law is the legal system that emphasizes the role of judges in deciding the meaning of laws and how they apply as a whole. Civil law is relies more on legislation than judicial decisions to determine what the law is. Like common law nations decide the facts in a disputed case, but civil law courts are not obligated to follow recent judicial decisions or presidents. (O. Lee Reed, 2013) The famous trial of MacPherson v. Buick Motor Co. in 1916 in which Judge Benjamin Cardozo based his decision on a similar case that was tried about a year earlier against the makers of Cadillac. These cases involved a wheel that was defective that was not made with their own manufacturer but bought from another. This would be an example of common law because Buick sold a defective product that could cause harm and the judge decided that Buick was at fault with not using there said manufacturer (Strauss, 2007). An example of Civil Law would be if you lived in Kansas and purchases a car, in this state you must car insurance in order to get that car titled. One day your car catches on fire and totals the car out. You have a contract with your insurance company where they will pay for the damage as long as you pay the premiums and do not commit fraud and file false accident reports. This would be a type of civil law called Contract Law; it is the insurance...
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...1. What is the purpose of identifying IT assets and inventory? a. amount of your assets that are ties up in inventory, Inventory/Assets x 100 ... The purpose of the present research project was to gain a holistic understanding 2. What is the purpose of an asset classification? a. Asset classifications identify and characterize similar assets, gathering them into groups, and making the assets easier to find. 3. For the scenario you picked, give three (3) examples of customer privacy data elements. 4. Why is your organization’s website classification minor but its e-commerce server considered critical for your scenario? a. Because there is customer’s credit card information stored on the servers 5. Why would you classify customer privacy data and intellectual property assets as critical? a. These are things that can be damaging to not just an organization but to individuals as well. 6. What are some examples of security controls for recent compliance law requirements? a. Biometrics, Tokens, Smart cards 7. How can a Data Classification Standard help with asset classification? a. You can properly classify what might normally be a low priority a high risk classification because of the data that’s on it. 8. How can you minimize leakage of customer privacy data through the public Internet? a. One way is to encrypt the sensitive data with at least 256 bit encryption key. Another way is to label whatever the sent information is as something not out of the ordinary 9. Given...
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...Examines the legal environment of business, the sources of American law, and the basis of authority for government to regulate business. Provides a survey of tort law, contracts and the UCC, and the federal and state courts. INSTRUCTIONAL MATERIALS Required Resources Bagley, C. E., & Savage, D. W. (2010). Managers and the legal environment:2010 custom edition (6th ed.). Mason, OH: South-Western Cengage Learning. Supplemental Resources Fischbach, J., & Fischbach, M. (2005). Rethinking optimality in tort litigation: The promise of reverse cost-shifting. BYU Journal of Public Law, 19(2), 317-351. Kalen, S. (2008). The transformation of modern administrative law: Changing administrations and environmental guidance documents. Ecology Law Quarterly, 35(4), 657-720. Ward, E. (2007). Mandatory court-annexed alternative dispute resolution in the United States federal courts: Panacea or pandemic? St. John’s Law Review, 81(1), 77-98. COURSE LEARNING OUTCOMES 1. Describe the legal environment of business, the sources of American law, and the basis of authority for government to regulate business. 2. Explain basic court procedures, types of courts, and alternative dispute resolution methods. 3. Describe the elements of a contract and explain the basic provisions of contract law relative to offer, acceptance, capacity, legality, fraud, third-party rights, performance, and breach of contract. 4. Explain the components of the Uniform Commercial Code (UCC) relative to sales and lease...
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...District Office, Information Security Public Page 1 of 3 Data Classification Standards Purpose: To protect the confidentiality, integrity, and availability of Pima Community College data – pursuant to Data Trusteeship (SPG-5702/AB) and Security of the Information Technology Infrastructure (SPG-5702/AC) – through the identification of information that requires protection. Audience: All members of the Pima Community College community, including faculty, staff, and students. Sponsoring Unit: Vice Chancellor of IT, 2008. I. Definitions A. Responsible parties Data Trustees: Per SPG-5702/AB: “The accuracy and completeness of the data within the Enterprise Resource Planning systems are the responsibility of functional units of the College. All student information and grants systems data are assigned to the Office of the Provost. All finance data and payroll modules are assigned to the Office of the Executive Vice Chancellor of Administration. All human resources data, except payroll, are assigned to the Vice Chancellor of Human Resources. Data Stewards: Deans, vice chancellors, assistant vice chancellors, directors, managers or others as identified by the data trustees to manage a subset of data. Data Processor: Any individuals who have been authorized by a data steward to create, remove, or modify data. B. College data types The assessment criteria for the following classifications were derived from the National Institute of Standards and Technology...
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...their jobs C) use their skills to help others gain knowledge D) modify knowledge created by others, but do not create knowledge themselves E) work in the education industry Answer: B Page Ref: 5 AACSB: Use of IT Difficulty: Easy Objective: LO 1-1 Classification: Conceptual 2) Which of the following predictions made by Peter Drucker is true? A) Knowledge workers have lesser bargaining power than workers in other industries. B) Knowledge workers do not possess valuable real-world skills. C) Knowledge workers are not reliant on formal education. D) Knowledge workers are continually learning how to do their jobs better. E) Knowledge workers are not paid as well as their prior industrial counterparts. Answer: D Page Ref: 5 AACSB: Use of IT Difficulty: Moderate Objective: LO 1-1 Classification: Conceptual 3) During the time of the industrial revolution, some individuals who felt threatened by the changes brought about by technology resorted to protesting against the technology. Identify these individuals. A) Luddites B) Utopists C) Millenarists D) Utilitarians E) Preterists Answer: A Page Ref: 7 AACSB: Use of IT Difficulty: Easy Objective: LO 1-1 Classification: Conceptual 4) Which of the following occurred when Alvin Toffler's "third wave" gained speed? A) Society moved from a predominantly agrarian culture to the urbanized machine age. B) Occupations changed to accommodate the mechanized society. C) The ability to perform repetitive...
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