...Know the branches of Gov. Legislative – article 1 of the constitution * Statute, ordinance, anything in law is legislative. Article 2 – executive * President, vice president cabinet Judicial article 3 * Interpret the law * Judicial review * determining the constitutionality of laws 4th area of law is – administrative law * Law made by administrative agencies, fda sec irs. Created by congress to inact more laws History of our court system * Our law basically originated from England * Appointed judges in each village, when judge made a ruling he was told to tell other judges in nearby villages to determine a common hearing. * Staredecisis – “let the decision stand” the beginning of…PRECEDENT which means that court must rule as prior case * At first courts were called courts at law or kings courts * When you sue you were asking for a monetary remedy ‘something to fix the damage’ basically property * Common Law is Case Law* * Courts of equity – developed because monetary remedy didn’t work, basically when a property wouldn’t be enough for retribution for crime. She gave example of person’s view outside of their house being taken away by a person’s new home. They wanted an “Injuction” which is a form of equitable remedy. Court order for someone to not do something or force you to do something. * “specific performance – Contract remedy under court of equity . * Recission – another...
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...Thonya Fisher BUSI 620 Discussion Board Forum 1 Unethical and Unlawful Behavior Unethical behavior is business conduct that employers encourage employees to refrain from in order to promote honest business dealings in the workplace. Unethical behavior however, does not always mean a violation of the law. Unlike unlawful behavior which is the violation of a constitutional law that is punishable by the legal system, unethical behavior is associated more with a set of values or a “source of guidance beyond enforceable laws” (Salvatore, 2015 p. 20). Corporate Social Responsibility Consumers find it difficult to trust corporate America after the exposure of countless fraudulent business transactions over the last two decades. The expectation for corporations to be ethical, forthright, and socially responsible seems to be an unrealistic expectation. The suggestion that making a profit should be the only social responsibility for business owners a lack of concern for the society and individuals from which those profits are made. It is because of statements like this one made by Milton Friedman that the concept of corporate social responsibility evolved. The “term is a generous one that encompasses various overlapping areas, such as corporate citizenship, stakeholder theory, business ethics, and corporate sustainability” (Popa & Salanta, 2014 p.138). I agree that corporations should make a profit; however that should not be their only responsibility. When one becomes consumed...
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...VALUE-LADEN AT TITUDES Legal astuteness begins with respect for the law. Legally astute management teams appreciate the importance of meeting society’s expectations of appropriate behavior and of treating stakeholders fairly. They accept responsibility for managing the legal dimen- sions of business and recognize that it is the job of the gen- eral manager, not the lawyer, to decide which allocation of Every legal dispute is a business problem requiring a resources and rewards makes the most business sense. At business solution. Legally astute managers take responsi- 3 6 the end of the day, as long as counsel has not advised that a bility for managing their disputes and do not hand them off particular course of action is illegal, it is up to the manage- to their lawyers with a “you-take-care-of-it” approach. ment team to determine whether a particular risk is worth taking or a particular opportunity is worth pursuing. CONTEXTUAL KNOWLEDGE OF THE LAW AND LEGAL TOOLS PROACTIVE APPROACH Legally astute managers have content-specific knowledge Legally astute managers include legal considerations at each of the law and the application of legal tools. Managers who stage of strategy development and implementation. They can harness the creative power of legal language are more bring counsel in early and do not wait until a deal has been adept at seeing and shaping the legal structure of their world. struck or a problem has arisen to seek legal advice. They ...
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...Linsey Daley Business Law BUSI 301 In the case of Mrs. White and the O’Malley Tavern I would say that of course Mr. Hard is at fault for drinking and driving, but I also feel that O’Malley’s Tavern is also at fault for over serving a customer to the point of excessive intoxication. The facts of the case were very clear cut and obvious to me. The bartender at O’Malley’s Tavern served Mr. Hard six beverages within the last half hour he was at the bar. On the tab Mr. Hard paid it showed that he ordered 13 drinks and that 11 of them were consumed by Mr. Hard. His blood alcohol content was at a .20, which is two times the legal limit of .08. Being in the medical field and also being a Command Drug and Alcohol Program Advisor for the Navy I know that at a .20 there is no way you are of sound mind to do anything. Usually a person with this Blood alcohol content are confused, they need help completing tasks (standing, walking, using the bathroom), they are between 50-100 times more likely to get into an accident, and they are very close to being incoherent. At 7:43pm Mr. Hard left the bar, according to the bartender, appearing to be of sound mind and judgment. He was picked up by the police at 7:55pm slurring, disheveled and with no recollection of what had happened. Clearly this man had way too much to drink and should have never been served this much in such a short period of time. According to the Dram Shop Act Indiana Code 7.1-5-10-15.5 “Sec. 15. (a) It is unlawful...
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...BUSI 301 COURTROOM OBSERVATION PAPER Indiana Northern District Court Case Number 82a04-8876-cv285 Plaintiff: Deborah White Plaintiff representatives: Walsh Jackson and Amanda Babott Defendant: Patrick Gibbs and O’Malley’s Tavern Defendant Representatives: Benjamin Walton and Jordan Van Meter Defendant Council Overview: Jordan Van Meter and Benjamin Walton are representing the defendant who is Patrick Gibbs and O’Malley’s Tavern. The representing defense suggests that the Court give a summary judgment to John Daniels who was the bartender at O’Malley’s Tavern. The Plaintiff is seeking damages from the defendant, Patrick Gibbs and O’Malley’s tavern stating that Mr. Gibbs had knowledge of Mr. Hard’s intoxication. The Indiana Law. Ind Code Ann 7.1-5-10-15.5 2006 does require that a defendant have actual knowledge in order to recover damages. Constructive knowledge does not satisfy the presumption, only subjective knowledge. Circumstantial evidences cannot support constructive knowledge, but only actual knowledge. According to the 7th circuit court of Indiana, visible acts of intoxication are subjective. The bartender himself only saw Mr. Hard sitting on a stool drinking whiskey which is not an uncommon occurrence in a bar. The case that was cited in the courtroom, the Ash Lock case (Ashlock v. Norris, 475 N.E.2d 1167, 1170 Ind. Ct. App. 1985) was not as severe as this case. This specific bartender at O’Malley’s Tavern did not have actual knowledge of...
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... BUSI 2601 BUSINESS LAW Winter 2015 PROFESSOR: J.L. GILLES LEVASSEUR OFFICE: 1705 DT PHONE: 520-2600 ext. 6805 (during office hours only) EMAIL: jlgilles.levasseur@sympatico.ca TIME: TUESDAYS 19 h 00 – 22 h 00 OFFICE HOURS: 10 - 11 pm, every Tuesday nights PREREQUISITES: For students registered in B.Com., BIB or Minor in Business The School of Business enforces all prerequisites. COURSE PHILOSOPHY The purpose of the course Business Law in Canada consists in understanding the legal environment which has an impact on Canadian businesses. The course is divided in three parts. Part 1 deals with an overview of the Canadian legal environment. Part 2 deals with the legal forms of business and organisation. Part 3 part deals with the law of torts and the law of contracts. Part 4 looks at specific topics of law such as bailment, Sale of Goods, Interests in Land. Throughout the course, students are encouraged to focus on their personal or work experiences as they relate to the course material. All the course material assigned and learnt will be cumulative and students will be tested comprehensively on their understanding of the material at the end of the course. Students are prohibited from using any electronic devices to tape record classes, lectures or discussions and to use them during examination. REQUIRED TEXTBOOK There is one textbook required for this class: Duplessis et al., Business and the Canadian Law, 5th...
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...Sunshine State Medical Billing Service Legal Issues in Business BUSI 561-D05 LUO 12/16/2011 This paper explores the legal challenges faced when forming and operating the Sunshine State Medical Billing Service. The legal issues surrounding the business will be analyzed using a business law perspective, as well as a Christian worldview. This legal business plan was prepared by Karri-Marie Baskin, Suzanne Ludikhuize, Renada Manning, Susan Schaeffer, and Dixie Wallace. Executive Summary Sunshine State Medical Billing Service’s physical location is in Tampa, Florida. Because the billing company utilizes the internet, it is able to provide services to many doctor’s offices across the United States. Sunshine State Medical Billing Service selected the Tampa site for several reasons: Low corporate and unemployment taxes, no individual income tax, large hiring base and new business incentive programs. http://www.tampaedc.com/site-selection/business-incentive.aspx; http://money.usnew.com/money/business-economy/small-business/articles/2009/01/06 Sunshine State Medical Billing Service offers the best streamlined billing service via the latest technology in the nation. Our clients are licensed doctors, who choose to use an outside billing company to act as their agent to bill and collect fees due them for services rendered. While there is a growing trend of medical billing services being offered as a home business, our clients can be assured that all of our employees are...
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...Case Study: Theory to Practice Saranda Tanakanjanapong BUSI 301-B04 Cendoria Dean September 16, 2015 Personal Observation There is always going to be a consequence of careless and inconsiderate workers as we can learn from the case study. “A CI technician accidentally rewired the system that controlled the fire sprinklers and rendered the sprinklers inoperable… and one of OC's employees left a lit cigarette in one of BTF's restrooms.” This shows that there may be a lack of training in these organizations. This accident would not have happened if employees really care about their job. However, people do make mistake and the bible teaches the concept of personal responsibility. The difference between a child and a man is his willingness to take personal responsibility for his actions. As Paul says, “When I became a man, I put the ways of childhood behind me” (1 Corinthians 13:11). Personal responsibility is closely related to the law of sowing and reaping (Galatians 6:7–8). “Tell the righteous it will be well with them, for they will enjoy the fruit of their deeds. Woe to the wicked! Disaster is upon them! They will be paid back for what their hands have done” (Isaiah 3:10–11). In my opinion, both parties should accept the consequences of their own action. General Duty CI (Computer Installers) owes BTF (Big Time Firm) a general duty to act as a reasonable prudent installer. By operating a business that advertises itself as a computer networking company, they must exhibit...
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...Running head: BUSI 561 Contract Analysis BUSI 561 Contract Analysis / Week 3 Demetria Barlow Liberty University BUSI 561 Contract Analysis / Week 2 The case presented here in this contract analysis is a very sticky situation. Here we are faced with the combination of two very different relationships between the same two parties. I would find myself quite surprised at the reaction of Mr. Petersen upon telling him about the direction in which my business is about to go. According to the facts presented, I have always tried to display the traits of a good merchant when it came to Mr. Petersen. However, as the evidence reflects, Mr. Petersen seems to be more driven by money than he is by maintaining good business practices. It has already been proven that Mr. Petersen is a nonbeliever. With that being said, it is a good possibility that we do not share the same moral beliefs and values. This is proven in the way Mr. Petersen chose to do business. First, all business invoices clearly state that balances are to be paid within thirty days. However, Mr. Petersen has constantly decided to pay on his own schedule, usually forty five to sixty days. Although I have every right to charge him interest and penalties as stated on the invoices, I have always elected not to do so. Secondly, one would believe that their business partner should be trustworthy. Mr. Petersen has proven that this is not so by getting my son to sign a contract without my knowledge and then trying...
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...Criminal Procedure Policy Order and liberty are two areas within criminal procedure that have tension among one another (book). Order is a stronger approach toward the criminal justice system than liberty. Liberty concerns an individual’s rights to due process, which means everybody deserves the same rights when arrested regardless of the circumstances such as poor person versus a rich person. The two models that were developed by Herbert Packer were the crime control model and the due process model (book). Both models have similarities as well as differences and not one is “good” and the other “bad” according to Packer. The two primary goals within the criminal justice system are the need to enforce law and maintain social order and the need to protect people from injustice (defenseinvestigator). The fourth, fifth, sixth, and fourteenth amendments play a signifigant role when analyzing both the due process model and the crime control model. This paper will further explore both models as well as how the models view the fourth, fifth, and sixth amendments and how the fourteenth amendment gives the same rights on a state level as well as federal. Crime Control Model The crime control model is a stern approach to the criminal justice system. As described by Hubert Packer, “the crime control model is like a conveyer belt, moving cases starting from arrest to conviction in a swift and fast process (Book).” Fact finding is what defines this model. If an officer makes an...
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...that breaks the Immigration Law should be punished, even if they are not citizens of the country. According to Perez (2001), “In 1986 Congress passed the Immigration Reform and Control Act that, among other things, granted amnesty to illegal immigrants who could demonstrate continual residence in the United States prior to 1982” (Perez, 2001). Because of this law, millions of illegal immigrants can use this act to become citizens of the United States. | According to Mirram-Webster (2012), “amnesty means that the act of an authority (as a government) by which pardon is granted to a large group of individuals” (Mirram-Webster, 2012). Therefore, amnesty is unfair and unconstitutional because all of the illegal immigrants that come into the United States are pardon after they have violated the laws in this country. Why do we continue to allow these illegal immigrants to go unpunished? If it were some of the U.S. citizens breaking this law they would not be granted amnesty; they would be treated differently, so why illegal immigrants should be pardoned? Robert Byrd (2001), a West Virginia senator, says, “Illegal immigrants who have worked for many years in the United States should not be granted amnesty” (Byrd, 2001). Illegal immigrants who work in the United States should be punished because they do not have green cards or permission from the United States to come to America. Although amnesty is an approved law, many peoples do not agree with this law. On the other hand, some Americans...
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...Few good man Time from time you may hear stories of abuse by the military justice "system". There are multiple destroyed and financially devastated families out there suffering heartbreak and loss at the hands of an uncaring, unfeeling and unjust process which makes a mockery of our Bill of Rights. Military justice for the majority is prefabricated according to the wishes of the local Commander, and the "trial" or "court-martial" is tantamount to a pre-ordained verdict of GUILTY. How could any court proceeding be considered fair when the "convening authority," by right of title, is given the power to select the judge, the jury and defense and prosecution attorneys? It may go "unsaid," but the implication is very clear - if the convening authority "sees fit" to bring about a court-martial, then the accused can be assumed to be guilty. What's special, or even topical, about A Few Good Men movie is it speaks to how military honor can be so readily suborned by the authoritarian impulse. And second, how the same honest pride - not to mention competence - is necessary to bring such posturing would-be tyrants to justice. The main issue the movie touches upon is military justice. A good marine abides by the following code: 1. Unit 2. Corps 3. God and 4. Country For this code to be at its effective best, it must be governed by truth and justice. What happens when truth and justice fail to be active participants of this code? Justice has been defined in many ways...
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...Akhil Kaushal P According to The Transparency International 2006 Corruption Perceptions Index: • Most honest countries – Finland, New Zealand, Iceland, Denmark and Singapore • Most corrupt countries – Haiti, Guinea, Myanmar, Iraq, Bangladesh, Chad, Congo and Sudan • China, Brazil, Ghana, Senegal, Peru, Mexico, Saudi Arabia, India and Egypt all rank in the middle Lack of resources Explosive population growth Need stronger and more effective institutions Lack of democracy Ineffective judiciary Unfair elections Lack of free media From The Bulging Pocket and the Rule of Law: Corruption, Inequality, and Trust Inequality –> Low generalized trust & High in-group trust –> Corruption –> Inequality The dilemma of low trust in strangers and high trust only in your own group Inequality and in-group trust lead to clientelism This pattern is difficult to break Two types of inequality: Economic inequality Unfair legal system Makes it more difficult for the poor to have access to the legal system Shielding people at the top Democratic institutions are not sufficient to curb corruption Media consumption, centralization, federalism, the nature of the electoral system, the level of wages paid to officials also don't matter Structural reforms may not matter much for corruption, however: • Democratic countries are far less corrupt than nondemocracies • Countries with strong democratic...
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...Stand Your Ground Gerald Makey SOC 205 Strayer University The “Stand-your-ground law validates a person in using any physical force including deadly force, when they are not involved in illegal activity and is in a place where he or she has the right be, they have no obligation to haven and have the right to stand their ground. A quick breakdown of this law is that it give a person legal cover in the event that they find themselves in a certain situation in which their survival, or the preservation of their family necessitates them to stand their ground and use a weapon for defense. This law can be referenced back to the Supreme Court case Beard v. United States, 158 U.S. 550 (1895). It is defined in this case that, “A man assailed on his own grounds, without provocation, by a person armed with a deadly weapon and apparently seeking his life is not obliged to retreat, but may stand his ground and defend himself with such means as are within his control; and so long as there is no intent on his part to kill his antagonist, and no purpose of doing anything beyond what is necessary to save his own life, is not guilty of murder or manslaughter if death results to his antagonist from a blow given him under such circumstances (www.justia.com). In Houston, Texas a “Stand-your-ground” case has brought a lot of attention, but also a lot of controversy. In this case Raul Rodriguez was found guilty of killing his neighbor over a dispute over loud music. Rodriguez who was a retired...
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...Jacob Frederick 5-29-12 Buller Composition II Marijuana: Medicine or Menace? I have had strong feelings about this issue before it was even brought up as a topic for debate in our class. My opinion on the topic has not changed in the slightest, but I did learn a lot of interesting details concerning it. I have always felt that marijuana should be legalized, or at the very least, people with serious medical conditions should have access to it. And marijuana doesn’t even have to be legalized in my opinion, but it should definitely be decriminalized. I don’t think anyone who wants to smoke a plant that they grow themselves should have to suffer consequences, considering they are responsible in their recreational smoking. I do feel that if it were legalized, that there should be an acceptable age limit to buy and/or consume marijuana, comparable to that of alcohol. There are beneficial as well as harmful effects concerning marijuana, but that goes for a lot of things people do in everyday life. And I feel that a lot of time has been spent shining the spotlight on the harmful effects of marijuana, while little research has been done or even allowed, on the benefits of marijuana. While preparing for the debate, I encountered many sources on each end of the spectrum; including some in the middle. Many of the sources I looked at seemed rather credible, but others were most definitely biased. One example of a blatantly biased comment was, "Most pot smokers drink alcohol heavily...
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