...Assignment 1 Business Law Oct 28th 2014 Common law is defined as “law developed by judges who issued their opinions when deciding a case.” (Cheeseman, 2013). The principles in these early cases have taken precedent for later judges that are deciding similar cases. English common law is divided into cases which are decided by three different courts. These courts are: law courts, equity courts, and merchant courts. Law courts deal with matters of the law, such as administering it and upholding it. Equity courts deal with issues arising from decisions made by the judges in law courts. The equity court was run by the Lord Chancellor; this court enabled people to seek relief from decisions made in law courts they felt were unfair. Merchant courts were established to handle commercial disputes. English common law is the primary source of American law. Law, equity and merchant courts have all been merged in the United States so that most courts permit seeking any kind of remedy. Of all the states in the United States, Louisiana is the only state which doesn’t base its legal system on English common law. Louisiana law is based from French law and the Napoleonic Code. This type of law takes a civilian approach. “Civilian law is based on scholarly research and the drafting of legal code which is passed into law by the legislative branch. It is then the judge's job to interpret that intent more than to follow judicial precedent.” (La-Legal, 2014). The Constitution of the United...
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...BUSN 420 Chapter-End Critical Thinking Cases Professor Mitchell Levin DeVry University August 8, 2015 16.1 Specific Performance Can C&H recover the liquidated damages from Sun Ship? Yes C&H can recover liquidated damages from Sun Ship. C&H had contracted with Sun Ship to deliver a barge on June 30, 1981 they also went under contract with Halter to deliver the tug on April 30, 1981 to the ship yard of Sun Ship. Both entities breached their contract as they failed to deliver by the dates in the contract. Halter completed the tug July 15, 1982 and Sun Ship completed the barge March 16, 1982 and delivery to C&H was in July 1982 they were both more than a year late on the contracted agreement. By having the force majeure Sun would have been entitled to an extension however they were still late and it seems as if there was a lack of good communication between the two contractors. C&H received the $17,000 per day that was agreed upon as liquidated damages this totaled $3,298,000 but it was also determined that they were entitled to $1,105,000 more less the setoffs determined by the district court (leagle.com). C&H went into contract in good faith with Sun Ship and there was a reasonable amount of time to produce and deliver the barge. Sun Ship wanted to blame Halter for the delay but they were both equally responsible for the delays that occurred and should in fact have to pay the liquidated damages since the contract explicitly stated the delivery...
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...Lamiya Marsh Cyber Crimes DeVry University Professor Kent Cyber Crimes This week we are learning about internet crimes or cybercrimes which are crimes conducted on the internet or computer network, because we live in such a technological advanced world the threat of cybercrimes has grown. Internet laws have been put in place and established to ensure internet protection. Now you may think cybercrimes are not as severe as most but indeed they are; some cybercrimes are harmless but others can carry on felony charges. There are three categories of a internet crimes which are 1. Crimes against a person 2. Crimes against property 3. Crimes against the Government Let’s dig deeper into these categories. Crimes against a person are acts such as harassment whether in person or via email. This is where the terms grooming and cyber stalking come into play. Examples of crimes against a person consist of child pornography and identity theft. If a adult chats or lures a minor into sexual acts this is called grooming. Now to talk about property theft which is not in reference a car or house but bank accounts. The way this scam works is a person receives an email asking for help and request you to transfer funds from another country. Another example of a property theft is trespass and identity theft. Cybercrimes against the Government include cyber terrorism which is threats toward the government usually for military secrets and hacking into government websites. So...
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...Final Exam Study Guide BUSN 420 “Business Law” The BUSN 420 final exam is worth 300 points. You will have three and one half hours total time to access and take the exam. The exam is open book, open notes. You will be able to access your electronic textbook during the exam. The particular exam that you will receive is assembled from an exam question pool, so that no two students in the course will take exactly the same exam. There are separate question pools for the 30 objective questions (multiple choice, multiple answer, and matching—worth 5 points each and broken down by TCO), and the 7 essay questions (worth 20 points each and broken down by topic). The essay questions are all located at the end of the exam, so be sure to allow approximately one-half of your time for the essay questions. The essay questions can each be answered in 1-2 paragraphs. To prepare for the exam, review the following materials from each week’s material 1. Re-read the “Lecture” page, including the examples. 2. Read the instructor’s “wrap-up” to the two threaded discussion questions. 3. Review your graded answers to the weekly chapter-end homework problems. 4. Review your graded quizzes (Weeks 1-7). The objective questions are drawn largely from weekly quiz questions and chapter-end homework questions. In reviewing weekly quiz and homework answers, make sure you understand why the correct answers are correct. Re-read the relevant page(s) in the text, if necessary. The essay...
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...Commom Common Law Tradition in The United States John Carrillo BUSN 420 – Business Law DeVry University Our legal system in the United States is based on the common law tradition that we inherited from England. A common law system or case law is based on precedent or previous decisions made by the court in similar cases. The idea is that it’s only fair to reach the same decision under similar circumstances. The first effort on creating any type of uniformity in the English Law was about 1100 A.D. In an attempt to solve disputes in remote areas, the king sent judges to different areas of the countryside. The judges kept a journal of all the decisions made. When they came back, the judgments of all cases were compared and a uniform set of laws started to take shape. Deciding cases based on previous judgments is a practice named stare decisis which means “to stand on decided cases”. This precedent system continue to be the root of our legal system. With a rapid and progressive advancement in technology, published precedents are more accessible; which facilitate attorneys to support their cases. There are several interesting aspects of our legal system. Among them, there are the concepts of equitable and legal remedies. A remedy is the relief given to a party to enforce a right or to compensate the violation of a right. A legal remedy consist primarily of monetary compensation. Equitable remedies...
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...,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, ,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford, ACC 307,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, ACC 307,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford, ACC 344,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, ACC 344,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford, ACC 346,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, ACC 346,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford, ACC 403,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, ACC 403,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford, ACC 504,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, ACC 504,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford, ACC 560,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, ACC 560,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford, ACC 561,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, ACC 561,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford, ACC 565,Course,Complete,All...
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...Week Five Assignment Jorge Apantenco DeVry University Busn. 420 Professor Kent August 10, 2014 Uniform Commercial Code “The UCC is a model act drafted by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. This model act contains uniform rules that govern commercial transactions. For the UCC or any part of the UCC to become law in a state, that state needs to enact the UCC as its commercial law statute. Every state (except Louisiana, which has adopted only parts of the UCC) has enacted the UCC or the majority of the UCC as a commercial statute (Cheeseman, 2013, p. 300).” “Generally, Article 2 of the UCC applies to all sales contracts, whether they involve merchants or not. However, Article 2 contains several provisions that either apply only to merchants or impose a greater duty on merchants. UCC 2-104(1) defines a merchant as (1) a person who deals in the goods of the kind involved in the transaction or (2) a person who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to the goods involved in the transaction (Cheeseman, p. 302).” A scenario of how Article 2 of the UCC makes changes to the common law of contracts is tied to how the common law rule works in the first place an offer must be made definite when regarding its terms of when it was accepted. Under Article 2 of the UCC it allows a sales contract to be made by a seller even though terms can be left open for discretion, as long...
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...ACC 560,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, ACC 560,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford, ACC 561,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, ACC 561,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford, ACC 565,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, ACC 565,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford, ACCT 346,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, ACCT 346,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford, ACCT 434,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, ACCT 434,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford, ACCT 567,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, ACCT 567,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford, PHI 200,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, PHI 200,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford, Res 301,Course,Complete,All,Entire,final,Week,1,2,3,4,5,6, Res 301,dq,discussion,question,assignment,midterm, ,exam,quiz,Strayer,Latest,New,Project,Keller,Homework,Phoenix,Ashford BA 215,Course...
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...Equal Protection Clause Yolanda Guy BUSN-420-15578 The Equal Protection Clause in the state of Alabama The Alabama domestic preference tax statute violates the Equal Protection Clause as applied to appellants. An Alabama statute imposes a substantially lower gross premiums tax rate on domestic insurance companies than on out-of-state (foreign) insurance companies. The statute allows foreign businesses to cut back but not to eliminate the differential by investing in Alabama assets and securities. Appellant foreign insurance companies filed claims for refunds of taxes paid, contending that the statute, as applied to them, violated the Equal Protection Clause. The State Commissioner of Insurance rejected the claims. On consolidated appeals to a county Circuit Court, in which many domestic companies got involved, the statute was sustained on summary judgment. The court ruled that the statute did not violate the Equal Protection Clause because, along with increasing revenue, it served the lawful state purposes of uplifting the formation of new insurance companies in Alabama and monies investment by foreign insurance companies in Alabama assets and securities, and that the difference between foreign and domestic companies was rationally related to those purposes. The Alabama Court of Civil Appeals declare the finding as to legitimate state purposes, but remanded for an evidentiary hearing on the issue of rational relationship. On certiorari to...
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...State and National Court Systems Tom Osterdock BUSN-420 January 20, 2013 James Powell The levels of the U.S. court system are complex but fairly simple. They start at the state level which is similar to the federal levels with the Superior or trial courts first. After that they go to the Appellate courts or Courts of Appeal. From there they would go to the State Supreme Court. After that it would go to the U.S. Supreme Court if it involves Federal Law or U.S. Constitutionality, it is their choice if they want to hear the case or not, otherwise the State Supreme court is final. In the Federal Court System it is set up as the foundation to the State court hierarchy. First we have the U.S. District Courts, then the U.S. Courts of Appeal, and finally the United States Supreme Court the highest court in the country. I am located in California, in this state we have about 12.5% of the population of the United States, there are 58 Superior courts one for each county. They are located in 450 locations in the state. They hear both civil, criminal cases, family, probate, and juvenile cases. There are approximately 2,000 judges and hear 10,255,360 filings and 8,733,177 dispositions annually. The next court would be the Courts of Appeal. California has divided these courts into 6 districts. I live in Kern County which falls under the 5th District located in Fresno county and covers nine counties including Kern county. They hear the contested decisions from the Superior Court decision...
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...Does your career plan include a world of lifelong success? Program of Professional Studies THE CERTIFIED GENERAL ACCOUNTANTS ASSOCIATION OF BRITISH COLUMBIA We see more than numbers. Choose a career that places you on the path to lifelong success. It’s all about opportunity. Accounting professionals can work in any sector, anywhere in the world. And when you choose CGA, you’ll gain the leadership, problem-solving and technical skills that are sought after by organizations in the private, public and not-for-profit sectors. The CGA Program of Professional Studies gives you the tools to succeed in business, no matter where your career takes you. You’ll enter the workforce with the applied knowledge and demonstrated expertise that employers want, including specialized technical knowledge, sectorspecific competencies, problem-solving skills and the ethical integrity to lead. CGA’s competency-based curriculum is simply your best way to prepare for a rewarding career in financial management. Flexible study options and the freedom to choose the career you want CGA is all about choice. You choose the professional-studies path and real-world experience that best match your career goals and interests. We give you the skills and freedom to work in any type of organization, in any industry, at any level of management. With a CGA designation, your opportunities—both professional and personal, at home and around the world—are limitless. Take your place as a highly respected...
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...BUSN 420 Business Driven Technology Final Project Submit a 2,000-word written case analysis of one of the three cases from the textbook listed below. Each case covers different areas of this course so that you can spend your time on this assignment further researching the set of topics that most interest you and/or will be most beneficial in your future career. Be sure to address all the questions for your chosen case and demonstrate five or more theories or principles learned in this course as a part of your case analysis. Your paper must be written in APA format with a proper title page and reference list that cites at least 5 scholarly sources. Please do not simply record answers to the questions, rather synthesize your responses into a cohesive case study analysis. Please upload your final project paper to Blackboard through the Assignment Manager tool. The 2,000-word count does not include charts, graphs, title page or supporting appendices. I will be using the Final Project Rubric (see end of this assignment) to grade your case analysis. Please Note: There are few right or wrong answers in the business world. There are really only efficient and inefficient, and effective and ineffective business decisions. If there were always right answers businesses would never fail. These questions were created to challenge you to apply the materials you have learned to real business situations. For this reason, when grading your answers, I will be focusing on your justification or...
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...SYLLABUS COURSE TITLE: BUSINESS LAW I, CRN# 5357 BUSN 3306-02, SUMMER 2014, Online IMPORTANT NOTICE: The Instructor may make modifications to the original course Syllabus and/or Course Outline at any time. Students shall consult the revised, updated Syllabus and/or Course Outline in Blackboard for the most accurate information. REQUIRED TEXTBOOK: Mann, R.A. and Roberts, B.S. (2009.) Business Law and the Regulation of Business. Mason, OH: Cengage Learning. COURSE DESCRIPTION: Business Law I is a study of the nature and function of our legal system, courts, and procedures as they relate to business, including the law of contracts and sales. COURSE OUTCOMES: This course is intended to provide students: * an overview of the legal concepts and terminology related to business * an overview of the sources of law affecting business * an introduction to Constitutional authority, individual rights, elements and terms of contracts, and relationships of buyers and sellers * an overview of business ethics and social responsibility * an opportunity to use online financial reports in a managerial finance setting * an opportunity to practice applying legal concepts to personal and business affairs COURSE REQUIREMENTS: To help you learn the subject matter of this course, you should: * regularly log onto Blackboard * complete the chapter readings * participate in online discussions * participate in individual and/or group learning...
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...Attorney A. J. Mitchell BUSN-420-61326 Business Law Hazel G. Sturdebant OUTLINE PAPER TITLE: the common law tradition and sources of law I. THESIS STATEMENT: A. Common law is a legal system that is largely formed by the decisions previously made by courts and not imposed by legislatures or other government officials. The reasoning used to interpret this type of law is known as casuistry, or case-based reasoning. It is a strict, principle-based reasoning that uses the circumstances of a case to evaluate the laws that are applicable. Decisions that were made about similar cases are valuable, and the case in question is evaluated on the basis of past cases. The strength of the similarity among the cases, in turn, strengthens the reasoning based on them. B. The term "common law" also underlines the fact that this type of law did not originate from equity, maritime and other special branches of law. Statutes serve as brief explanations of law and therefore are not very explanatory. Codification is the process by which a statue is passed, expressed within a single document, so that it is understood within existing law rather than creating the need for new laws. C. The common-law system prevails in England, the United States, and other countries colonized by England. The common-law system is used in all the states of the United States except Louisiana, where French Civil Law...
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...REGENT UNIVERSITY COLLEGE OF ARTS & SCIENCES UNDERGRADUATE CATALOG 2013-2014 (Fall 2013-Summer 2014) Regent University 1000 Regent University Drive Virginia Beach, VA 23464-9800 800.373.5504 admissions@regent.edu www.regent.edu PREFACE Regional Accreditation Regent University is accredited by the Southern Association of Colleges and Schools Commission on Colleges to award associates, baccalaureate, masters, and doctorate degrees. Contact the Commission on Colleges at 1866 Southern Lane, Decatur, Georgia 30033-4097 or call 404-679-4500 for questions about the accreditation of Regent University. National and State Accreditation Regent University’s undergraduate school is accredited or certified by the following bodies: Council for Higher Education Accreditation (CHEA) (www.chea.org/) The Teacher Education Accreditation Council (TEAC) The Regent University School of Education's educational leadership and teacher preparation programs and the College of Arts & Sciences interdisciplinary studies program, which are designed to prepare competent, caring, and qualified professional educators are accredited by the Teacher Education Accreditation Council for a period of seven years, from January 9, 2009 to January 9, 2016. This accreditation certifies that the educational leadership, teacher preparation and interdisciplinary studies programs have provided evidence that they adhere to TEAC's quality principles. Teacher Educational Accreditation Council, One Dupont Circle, Suite...
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