...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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...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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...Week 1 Assignment Business Law Name Course ID Date School Even though not all laws are defined by legislature, general rules have been put in place to maintain a legal standard. Being established by the English almost a thousand years ago, it moves with the times and allows changes to come in and set a new precedent or change what is already in place. Common law strives to maintain that standard by obligating judges to rule based on the precedents that have already been established. The sources of American law are separated into the primary and secondary sources. The primary source of law is mostly administrative. This consists of constitutions (federal and state), statutes and laws, regulations. The one that sets itself aside is Case law that provides a source of precedent. A secondary source of law interprets the legal jargon and uses it with the primary sources to establish the precedent. Depending on what the primary source being referenced is will determine the title of the secondary rule. If a statute is being interpreted then it will result in a statutory law. Not all secondary laws are required to be adopted by the states. Uniform laws can be accepted in part or not at all of the proposal from the National Conference of Commissioners. Precedent is a very important part of the decision making process. It protects the continuity of the legal...
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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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...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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... 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 combined with English Criminal Law to form...
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...1 Unit 2 Individual Project By BUSN 150-1003B-04 2 Abstract This paper will explain and examine topics related to a court case with Bidders Edge and EBay. EBay is claiming that Bidders Edge was trespassing on their website by accessing their servers without permission to use EBay’s information on the Bidder’s Edge website for their customers. (IPfrontline, 2000). 3 There are many different forms of trespassing. Each state has different laws to prosecute trespassers to the fullest extent. A common element in all computer trespassing crimes is that the trespasser accessed the computer or computer systems without proper authorization. (Iprotect, 2004). Bidders Edge was trying to do something different that EBay’s regular costumers do by using their website to include EBay’s products to list on the Bidder Edge website for their customers to comparison shop for products. A regular EBay customer would go directly to the EBay website to search for a product that they were looking to place a bid on and purchase. (Clampet, 2000). EBay wanted to prevent Bidder’s Edge from gaining access to their products and their website because this would cause EBay’s servers to slow down and also said that Bidder’s Edge system fails to ensure that the information on their website is correct. (Wolverton, 2000). Trespassing can have many different definitions and meanings. The traditional definition of trespassing to personal property is to intrude or cause damage...
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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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...that shape the decisions people or organisations make(Termpaper warehouse,2012).http://www.termpaperwarehouse.com/essay-on/Ethics-In-International-Marketing/53994. Today, law suits are filed against erring companies found wanting or in bridge of ethical standards which has increased the need of cautiousness in the way most companies project their image . It summarizes the natural rights and universal values of the equality of all men and women to the law of the land. It also covers concern for the natural environment, health and safety. Read more: http://www.businessdictionary.com/definition/ethics.html#ixzz28xWPwQco Ethics in marketing are the basic principles that governs the business practice of those involved in promoting their products to or services to consumers(Business dictionary.com). Sound marketing ethics however are those practices that do not impact negatively on the consumers. http://www.businessdictionary.com/definition/marketing-ethics.html Ethics has always been the bane of moral studies and value and has been in practice since the ancient times. (Napoleon,1804) in his 36 codes of conduct, noted that all citizens in France, irrespective of place of birth or social status is entitled to fair and equal treatment. As a branch of philosophy, ethics deals with established laws that guide human relationship and behaviour with emphasis on good sense of judgement. Scholars like Aristotle identified character as ''ethos'' which he described as the...
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...AL-HELAL Course Title: Administrative Law Class Roll: ZH-26, 4th Batch, 5th Semester Dept. of Public Administration, University of Dhaka. Cell : 01924202090, E-mail : helal_pad_du@yahoo.com RULE OF LAW IN BANGLADESH: AN OVERVIEW ABSTRACT: "No free man shall be taken or imprison or disseized or exiled or in any way destroyed nor will we go or send for him, except under a lawful judgment of his peers and by the law of the land". --MAGNA CARTA This paper is a presentation of the concept of rule of law, Dicey's theory of 'Rule of Law', rule of law in true and modern sense and rule of law in Bangladesh. In Bangladesh context I have discussed the provisions for ensuring rule of law in Bangladesh constitution. I also have discussed the provisions of the constitution, which are contrary to the concept of rule of law in Bangladesh. It has been also identified the difficulties of application of rule of law in Bangladesh. INTRODUCTION One of the basic principles of the English constitution is the rule of law. This doctrine is accepted in the constitution of U.S.A. and also in the constitution of Bangladesh. Now a days rule of law is one of the most discussed subjects of developing countries. Developed countries and donor agencies always instruct the developing countries for sustainable development and good governance. Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for the welfare of the people...
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