...PRO: A business owner should be able to hire or fire anyone without interference from the government. I am a firm believer that the owner of a business, no matter what type, should have the ability to hire and fire an employee without interference from the government. I currently reside in the state of Tennessee, which is a right to hire and fire state. There is a common law notion stating that, without any type of formal employment contract, employees have the right to quit their jobs any time they want to, regardless of whether or not they have a reason. By the same token, employers have the right to fire employees any time, whether they have a legitimate reason to do so or not (TN website). “Employment at Will” policies cannot be utilized by employers in any discriminatory manner, according to federal law. Employers are not allowed to fire employees because of their national origin, age, sex, religion, color, or race. If any type of written or oral agreement exists, such as a union contract or verbal promise, then the Employment at Will doctrine will be restricted. With that being said, I strongly believe a business owner should be afforded the opportunity to fire or hire anyone if he or she opens a business through their own volition. This hypothetical business owner has funded and conceptualized the whole idea. Because of this, the owner should have every right to base their ability to earn money and grow their business based on any stance on gender, sex, race, traits...
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...Chapter 43 Law for Small Business ------------------------------------------------- Section 1: The Importance of Legal Counsel ------------------------------------------------- Section 1: The Importance of Legal Counsel This chapter will cover the specific laws for small business owners and requirements needed for someone to start their own small business. The legal principles in this chapter are applied in the context of a small business enterprise. Is an attorney needed for someone to start their own business? If one is not familiar with the myriad rules and regulations, it is insisted that one may hire an attorney to help avoid penalties incurred from violating laws or regulations. An Attorney helps with: * Negotiating franchise agreements * Creating standard business forms, such as purchase orders and contract confirmations. * Buying or selling real property or a business. * Negotiating agreements to license intellectual property rights. * Obtaining new outside investors. Finding an Attorney (pg.838) When selecting an attorney, businesspersons would rely on referrals from friends, business associates, and other local entities. Other sources one could use to find an attorney would be using: * The chambers of commerce and bar organizations, * Attorneys and their areas of specialty are often listed in the Yellow Pages, * Martindale-Hubbell Law directory found in most law library’s or via (www.martindale.com). Retaining an...
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...Factors that influence a business I will be looking at social, political and legal factors that influence a business and the effects the factors will have on the business. Social factors The social factors that effect a business fall into five categories. The first is demographic, the things that fall under this are the aging population, population and globalisation. The aging population effects businesses because the retirement age has gone up so there is a lot of older workers. While this means that employers can keep their employees for longer which means they will have experienced workers and won’t need to spend time and money on training new employees. (http://www.telegraph.co.uk/finance/jobs/10302875/Older-workers-still-have-much-to-offer.html) This article points out the benefits of older workers to the businesses they will work in. However older workers would struggle with manual labour jobs, so they couldn’t be employed to do this. The way these types of companies would work around having older workers is to find a physical fault with their performance so they can be fired. They have to do this because they are not allowed to fire someone just because they are old, this is due to the Equality Act which makes them unable to discriminate. Finding a medical reason such as poor sight or bone problems is how businesses work around this. If discrimination does take place against older workers then these workers will be less motivation and inclined to go to work so this...
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...a) The Right to Exclude Others, pp 1-38 i) Overview (1) The private landowner’s right to exclude others from his or her land is “one of the most essential sticks in the bundle of rights that are commonly characterized as property. ii) Policy in favor of private property (1) Things held in common are usually neglected (2) There is a fundamental property right that goes beyond monetary damages iii) Property Rights are not Absolute (1) Apply a balancing test of property and societal interest (a) One may trespass to put out a fire (2) Property rights are diminished when others are invited onto land (3) The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumcised by the statutory and constitutional rights of those who use it. (4) If property is open to the general public then the First Amendment supercedes property rights on it. (a) These protections are available against unreasonably restrictive or oppressive conduct on the part of private entities that have otherwise assumed a constitutional obligation no to abridge the individual exercise of such freedoms because of public use of their property. (b) The NJ court said that the right of free speech conferred by the state constitution was secure not only from State interference but – under certain conditions – from the interference of an owner of private property even when exercised on that private property. (i) Schmid Standard 1. The normal use...
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...Constitution establishes the federal government and enumerates its powers * The body of the constitution * Creates the three branches of government and grants certain powers to each branch * The amendments to the constitution * Protect individual rights by putting limitations on the governments ability to act in certain ways * Amendments protect the government, not private individuals The Legislative Branch * Created by Article 1 of the Constitution * House of Representative * Senate * Responsible for the creation of new laws * Congress is generally responsible for where the money comes from and where the money is spent * All statutes start as BILLS * Bills must be passed by both the House and the Senate * Bills that pass both houses must be signed into law by the president or.. * The president can VETO the bill * If signed by the president the Bill becomes a STATUTE 2. Statues, Codes and Ordinances * Statutes are enacted by Congress and state legislatures * Ordinances are enacted by municipalities and local government agencies * Code = Codified Law = Statute The Executive Branch * Created by Article 2 of the Constitution * President * Vice President * Cabinet Members * Responsible for enforcing the laws passed by congress * The president, with the advice and consent of the Senate, may enter into Treaties with foreign governments * Executive Orders are issued...
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...Learning Outcomes After reading this chapter, you should be able to do the following: 17-1 Describe and discuss the development of the Industrial Revolution in America after the Civil War, concentrating on the major industries and their leaders. 17-2 Describe how America’s regional and local markets merged into one truly national market and how this influenced the consumer demand for products and services, as well as some of the costs associated with the transition. 17-3 Discuss the functioning of national, state, and local politics during the late 1800s. 17-4 Describe the formation of the early labor unions in the United States, including their goals, activities, and situations at the end of the nineteenth century. 290 C h apt e r 15 The Continued Move West “ The world that had consisted of small farms, artisans’ workshops, and small factories transformed into a full-scale industrial society. ” As the process of ensuring political, economic, and social rights of African Americans waned during the 1870s, most Americans turned their attenNo invention had more lasting impact than the incandestion to another transformation cent light bulb. brought on by the Civil War: the Strongly Disagree Strongly Agree Industrial Revolution. During 1 2 3 4 5 6 7 the half-century between 1865 and 1915, the United States evolved from a relative economic backwater to become the most powerful...
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...NEGIGENCE In the 1928 edition of Bevan on Negligence stated that negligence is “it has to deal……with duties as they appear when the normal standard of performance is not attained…considering defaults in conduct, and only in the second place with the adequate discharge of obligations”. 1. DUTY OF CARE Gleeson CJ and Gummow J, the approach to determine a duty of care is to identify the “salient features” that combine to constitute a sufficiently close relationship to give rise to a duty of care. Reasonably foreseeable: - It is reasonably foreseeable that any carelessness on the part of the defendant could harm the plaintiff. Did the defendant’s act impart harm “that you could reasonably foresee would be likely to injure your neighbour”? (Donoghue v Stevenson). Incremental Approach: 1. type of relationship between the parties; a) the vulnerability of the plantiff, b) degree of control of defendant, c) special knowledge of the defendant of the plaintiff’s situation. 2. the type of loss or injury (physical, psychiatric, economic) 3. policy and; 4. physical, casual and circumstantial proximity may still be used (Kirby, Modbury triangle shopping centre pty ltd v Anzil) “proximity is the best notion yet devised by the law to delineate the relationship of negibour” Proximity test involves a notion of nearness in the relationship between the parties. as a principle stated in Rylands v Flectcher, “identifying the categories of case…rather than a test for determining...
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...CH5. Natural Resource Utilization & Pollution of the Environment * Resource depletion: the consumption of finite or scarce resources. * Pollution: undesirable contamination of the environment by the manufacture or use of commodities. * Conservation: the saving or rationing of resources for future use. * Private costs: costs of production borne by the producer. * External costs: costs of production not borne by the producer. * Social cost of production: = private costs + external costs * Internalization: make producers bear the total social cost of production. * Ecological system: an interrelated and interdependent set of organisms and environments * Ecological ethics: ecosystems as having inherent rights or interests and we have direct duties to them. * Ecofeminism: socio-ethical theory which combines ecological ethics with a critique of paternalistic patterns of domination (top down hierarchical authority structures) in our political and economic institutions as contributing to environmental exploitation. * Unlimited resource view: view encapsulating the attitude of bygone times which regarded the earth’s carrying capacity as unlimited, and air and water as "free goods." * Sustainable growth: a level of economic and population growth which enables each generation to hand down a world no worse than it inherited to succeeding generations, which avoids the Doomsday scenario. * Doomsday scenario:...
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...TRUCT ACADEMY SUCCESS IN BUSINESS LAW FOR C.I.S, Z.I.M CERT., ZAAT, IAC, I.C.M M. MAVHUNGA LLB (S) (UZ) 3RD EDITION 2000 1 ACKNOWLEDGEMENTS` I would like to thank the Director of Trust Academy, Mr Mataka, The Principal, Mr Sauti and the Registrar Mr Kucherera whom without their support this study pack would not have been a success. To them I say keep the god spirits for enhancing the college and making it a force top reckon with according to international standards. Would also like to thank the Trust Academy Secretaries and Typists of this book, particularly, SHELTER MAVHUNGA, MISI MAKUZWA, AMANDA MANDA and JESCA KAMUNGA for their commitment to duty. Again their handwork in the production of this copy is highly appreciated. Anyone who directly contributed to the success of this module I say, God bless you. However none of the above will be accountable for any errors of omission or commission which might appear in this study pack. M. MAVHUNGA 2 Dedication This study pack is dedicated to the targeted students who commit themselves to passing the interesting course of business law. Foreword Business Law is a very broad course and covers many aspects. It is a challenging course a proper approach is not advised to new students but an interesting and very simple course once one grasps the concepts. The objective of this module is to simplify Business Law to be understood by Ordinary Advanced Level students who may be taking any of the above courses. The field has...
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...Ethical hacking by C. C. Palmer The explosive growth of the Internet has brought many good things: electronic commerce, easy access to vast stores of reference material, collaborative computing, e-mail, and new avenues for advertising and information distribution, to name a few. As with most technological advances, there is also a dark side: criminal hackers. Governments, companies, and private citizens around the world are anxious to be a part of this revolution, but they are afraid that some hacker will break into their Web server and replace their logo with pornography, read their e-mail, steal their credit card number from an on-line shopping site, or implant software that will secretly transmit their organization’s secrets to the open Internet. With these concerns and others, the ethical hacker can help. This paper describes ethical hackers: their skills, their attitudes, and how they go about helping their customers find and plug up security holes. The ethical hacking process is explained, along with many of the problems that the Global Security Analysis Lab has seen during its early years of ethical hacking for IBM clients. scribe the rapid crafting of a new program or the making of changes to existing, usually complicated software. As computers became increasingly available at universities, user communities began to extend beyond researchers in engineering or computer science to other individuals who viewed the computer as a curiously flexible tool. Whether they programmed...
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...Ethical hacking by C. C. Palmer The explosive growth of the Internet has brought many good things: electronic commerce, easy access to vast stores of reference material, collaborative computing, e-mail, and new avenues for advertising and information distribution, to name a few. As with most technological advances, there is also a dark side: criminal hackers. Governments, companies, and private citizens around the world are anxious to be a part of this revolution, but they are afraid that some hacker will break into their Web server and replace their logo with pornography, read their e-mail, steal their credit card number from an on-line shopping site, or implant software that will secretly transmit their organization’s secrets to the open Internet. With these concerns and others, the ethical hacker can help. This paper describes ethical hackers: their skills, their attitudes, and how they go about helping their customers find and plug up security holes. The ethical hacking process is explained, along with many of the problems that the Global Security Analysis Lab has seen during its early years of ethical hacking for IBM clients. T he term “hacker” has a dual usage in the computer industry today. Originally, the term was defined as: HACKER noun 1. A person who enjoys learning the details of computer systems and how to stretch their capabilities—as opposed to most users of computers, who prefer to learn only the minimum amount necessary. 2. One who programs enthusiastically...
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...Attribute A characteristic or quality of the phenomenon to be measured Magnitude The extent to which the phenomenon has the attribute Often we can’t directly observe a phenomenon of interest We need to find a substitute Direct observation- the only time we can accurately observe the attribute and phenomenon How happy is the baby? Phenomenon-baby Attribute-happiness Can you measure this attribute directly? NO Smiles per hour Laughter per day Financial Statements: When investors focus on a company’s net income, is net income necessarily the investors’ attribute of interest Firm performance Firm future performance What two things do accounting measures often represent Performance- what have we done? Position- what do we have? Business Strategy and Accounting USSBA Too many teams to manage What is strategy according to Porter? Strategy is creating a fit among an organization’s activities (to enable it to realize its goal or mission). The success of a strategy depends on doing many things well and integrating among them Operational Effectiveness versus Strategic Positioning Operational effectiveness Performing similar activities better than rivals Strategic positioning Performing different activities better than rivals What limits the sustainability of profits associated with operational effectiveness? Operational effectiveness techniques can be imitated Competitive convergence (hard to differentiate between each other) Three bases for strategic positioning ...
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...Chapter 1 Introduction to Law and Legal Reasoning TRUE/FALSE QUESTIONS A1. The stability and predictability of the law is essential to business activities. B1. An important function of the law is to provide jurisprudence. A2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. B2. How judges apply the law to specific disputes may depend in part on their personal philosophical views. A3. The basis for the U.S. legal system is natural law. B3. A judge’s view of the law is of little importance in a common law legal system. A4. Constitutional law includes only the U.S. Constitution. B4. Congress can only pass legislation that falls within the limits set up by the U.S. Constitution. A5. A state constitution is supreme within the state’s borders. B5. The U.S. Constitution is the supreme law of the United States. A6. Whether a law is constitutional depends on its source. B6. Each state has its own constitution. A7. Uniform laws apply in all states, including those in which the laws have not been adopted. B7. The Federal Trade Commission developed the Uniform Commercial Code. A8. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. B8. State agency regulations take precedence over conflicting federal...
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...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 all businesses operating in the country are known. If other business people get into business deals with that organization in case...
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...understanding. The Wiley Finance series contains books written specifically for finance and investment professionals as well as sophisticated individual investors and their financial advisors. Book topics range from portfolio management to e-commerce, risk management, financial engineering, valuation and financial instrument analysis, as well as much more. For a list of available titles, please visit our Web site at www.Wiley Finance.com. Real Estate Development and Investment A Comprehensive Approach STEPHEN P. PECA John Wiley & Sons, Inc. Copyright # 2009 by Stephen P. Peca. All rights reserved. Published by John Wiley & Sons, Inc., Hoboken, New Jersey. Published simultaneously in Canada. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, (978) 750-8400, fax (978) 646-8600, or on the web at www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, (201) 748-6011, fax (201) 748-6008, or online at http://www.wiley.com/go/permissions. Limit...
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