...Ana María Hoyos Business Law in China and India Which is more appealing to Latin America? The economy of the United States has been slowing down during the past years, leaving Latin American economies with no alternative but to look into further horizons. Both China and India have been growing and flourishing into attractive alternatives for Latin American businesses. These two fast-growing developing economies represent a great opportunity for Latin American countries especially because both India and China have showed their interest in doing business with Latin America. Additionally, the recent boom of Latin American leftist governments that are not fond of the United States has minimized the gap between the western south and these two Easter giants, increasing the need for joint business ventures and trading partnerships that contribute to the growth of China, India and Latin America. In order to evaluate the relation of Latin American countries with China and India, it is important to analyze the legal systems and regulatory business environments of the Chinese and Indian governments. By developing a concise comparison between China and India, this paper will eventually evaluate which country has more to offer to Latin American economies. Such comparison will be based upon aspects such as legal backgrounds and traditions, basic business regulations, trade laws and others, to finally conclude what sort of government is more appealing to Latin American economies. ...
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... 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 a hybrid system. Anglo-American common law traces its roots...
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...the United States Supreme Court came to the unanimous decision that the right to assist patients commits suicide was not protected by the Due Process Clause. To begin with, Dr. Glucksberg, a medical practitioner with the assistance of a non-profit organization challenged the ban by Washington state against assisted suicide in the Natural Death Act of 1979. The main argument was that assisted suicide was a right interest safeguarded by the Due Process Act present in the fourteenth amendment of the constitution. Furthermore, the district court made a ruling in favor of Dr. Glucksberg which was later over turned by the United States Court of Appeal after rehearing the case. Nevertheless, the ninth circuit reversed the decision made by the previous court and affirmed the ruling made by the district court. The chief question raised during the arguing of the case was whether the protection of the previously mentioned clause encompassed the right to commit...
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...Marriage and Tradition Nancy Messer University of Phoenix Business Communications and Critical Thinking COM275 Fernando Gutierrez-Rueda November 01, 2012 Same Sex-Marriage and Tradition Gay marriage violates tradition. The definition of “tradition”, according to the Oxford Dictionary, is a “long-established custom or belief that has been passed on from one generation to another”. It has been a long-established custom and belief that marriage should only exist between a man and a woman. “A central point of contention in the national debate over same-sex marriage is the importance of preserving tradition. Opponents of such bans argue that tradition is an illegitimate justification for the bans, while defenders of traditional marriage contend that tradition is not only a legitimate justification, but is in fact sufficiently important to withstand heightened judicial scrutiny.” (Ford-Mazrui, 2011, para. 1) Society divides themselves based on class: income, religion, finances, ethnicity, etc.; the majority holding control over the minority since the beginning of time. There is and always will be some group of minorities that are segregated. Traditionally, most cultures have defined marriage as a unification of one man and one woman, but tradition has a dark history. Tradition includes the ownership of slaves, incongruous treatment of workers, and the denial of rights to women. The abolishment of slavery, the women’s rights movement, and civil rights proved that tradition should...
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...LAW AND THE LEGAL SYSTEM PLA 3014 SPRING SEMESTER 2016, Exam #1 CONCEPTS TO HELP YOU REVIEW I. Terms, Cases and Concepts You Should Understand and Be Able to Define to Ensure Maximum Success on the Multiple Choice and Short Answer Sections of Exam Civil Disobedience What are the functions that law fulfills in society? (pp. 2-4) Malum in Se (and be able to identify examples illustrating these laws) Malum Prohibitum (and be able to identify examples illustrating these laws) Precedent (and why important to the common law and our court system) Stare Decisis (and why important to the common law and our court system) What is Natural Law? Why important to history and formation of common law? What is Positive Law? What is the “sociological theory of law?” What are the four primary sources of law? Where do we find “law” today? What was the most important source of law historically for the common law? What is the order of importance of sources of law today in U.S.? Change in Legal Methodology in U.S. (hint: what was the change in focus in the US regarding the four sources of law? Why? See p. 37) What are the major differences between criminal and civil law in the U.S. today? Be able to define role and significance of constitutional law, statutory law, case law, and administrative and regulatory law in today’s society What are the four global legal traditions? Which are most prevalent today? Be able to briefly define each of the four global legal traditions and provide...
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...CAN FIND THE ANSWERS TO THE EVEN-NUMBERED FOR REVIEW QUESTIONS ON THIS TEXT’S WEB SITE AT WWW.CENGAGE.COM/BLAW/BLT. WE REPEAT THESE ANSWERS HERE AS A CONVENIENCE TO YOU. 1A Sources of Law Primary sources of law are sources that establish the law. In the United States, these include the U.S. Constitution and the state constitutions, statues passed by Congress and the state legislatures, regulations created by administrative agencies, and court decisions, or case law. 2A COMMON LAW TRADITION Because of our colonial heritage, much of American law is based on the English legal system. In that system, after the Norman conquest, the king’s courts sought to establish a uniform set of rules for the entire country. What evolved in these courts was the common law—a body of general legal principles that applied throughout the entire English realm. Courts developed the common law rules from the principles underlying judges’ decisions in actual legal controversies. 3A Precedent Judges attempt to be consistent, and when possible, they base their decisions on the principles suggested by earlier cases. They seek to decide similar cases in a similar way and consider new cases with care, because they know that their conflicting decisions make new law. Each interpretation becomes part of the law on the subject and serves as a legal precedent—a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts. A court will depart...
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...Chapter 07 The International Legal Environment: Playing by the Rules True / False Questions 1. | The form of law found in the United States and England is classified as civil or code law. True False | 2. | The form of law found in Germany, France, and Japan is called civil or code law. True False | 3. | Common law is based on an all-inclusive system of written rules of law. True False | 4. | Under code law, the legal system is generally divided into three separate codes: commercial, civil, and criminal. True False | 5. | Islamic law prescribes specific patterns of social and economic behavior for all individuals. True False | 6. | Code law prohibits the receipt and payment of interest on loans. True False | 7. | In Marxist–socialist societies, law is subordinate to prevailing economic conditions. True False | 8. | The World Court can settle disputes between a company and a government. True False | 9. | When dealing with foreign countries, a marketer should refer to “international commercial law” for guidance. True False | 10. | Disputes relating to commercial transactions must be settled in courts and cannot be settled informally. True False | 11. | The statements made by the parties during conciliation may be used as evidence in the subsequent litigation. True False | 12. | If conciliation is not used to settle a difference...
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...Classification of Law 1. Civil law and Criminal law……………………………………………………….. 2 2. Sources of Law ……………………………………………………………… 3-8 I. Common Law ……………………………………………………… 3-5 II. Common Law and Equity ……………………………………………… 5-7 III. Statute Law ……………………………………………………………… 7-8 Conclusion ……………………………………………………………………………… 8-9 Bibliography …………………………………………………………………………….... 10 Introduction According to the statement on p.25 in Antoine’s book, Commonwealth Caribbean Law and Legal Systems, there is no general agreement as to how legal systems should be classified. Some writers emphasize a socialist legal tradition; others are concerned with technical differences while some also place more importance on the sources or origins of the law and its structure and methods. Source The socialist legal tradition has its historical origin in the Bolshevist Revolution of 1917 initiating the international and economic order known as Socialism or communism. The main legal distinguishing feature between socialist tradition and the common law or Romano- Germanic tradition is ideology. The socialist argue that law cannot be isolated from the social political and economic order within which it operates, making these elements fundamentally important in determining the type of legal system in existence. The Socialist legal tradition therefore embodies its original meaning aimed at achieving a communist state Rose-Marie Belle Antoine Commonwealth Caribbean Law and legal system...
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...attributable to any government or organization. I INTRODUCTION With advances in technology, and the ease of global travel, the world we live in has become, in many ways, as Canadian author Marshall McLuhan predicted "a global village". This has had a dramatic impact on many aspects of life and society and law enforcement is no exception. The technological explosion and the growth of transnational organized crime and the response of the international community to it, has created many new challenges, not the least of which is the impact on the jobs of law enforcement authorities. In a 1989 case, United States of America v. Cotroni, the Supreme Court of Canada, made the following statement: The investigation, prosecution and suppression of crime for the protection of the citizen and the maintenance of peace and public order is an important goal of all organized societies. The pursuit of that goal cannot realistically be confined within national boundaries. That has long been the case, but it is increasingly evident today. The challenge for law enforcement authorities in every nation is that sovereignty, a fundamental principle which grounds the relations of states, is also a major tool in the armoury of the criminal element in our societies. Criminals depend heavily upon the barriers of sovereignty to shield themselves and evidence of their crimes from detection. Organizations which orchestrate transnational crime and which then disperse and conceal the proceeds of their...
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...Definition of Roman law “Between 753 b.c. and a.d. 1453, the legal principles, procedures, and institutions of Roman law dominated Western, and parts of Eastern, civilization. The legal systems of western Europe, with the exception of Great Britain, are based on Roman law and are called civil-law systems. Even the common-law tradition found in the English-speaking world has been influenced by it. In the United States, the Common Law has been paramount, but Roman law has influenced the law of the state of Louisiana, a former French territory that adopted a French civil-law code. Roman law began as an attempt to codify a set of legal principles for all citizens. In 450 b.c. the Twelve Tables were erected in the Roman Forum. Set forth in tablets of wood or bronze, the law was put on public display, where it could be invoked by persons seeking remedies for their problems. Though the texts of the tablets have not survived, historians believe they dealt with legal procedures, torts, and Family Law issues. From 753 to 31 b.c., the Roman republic developed the jus civile, or Civil Law. This law was based on both custom and legislation and applied only to Roman citizens. By the third century b.c., the Romans developed the jus gentium, rules of International Law that were applied to interactions between Romans and foreigners. Over time the jus gentium became a massive compendium of law produced by magistrates and governors. Romans divided the law into jus scriptum, written law, and jus non...
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... trafficking in stolen property, counterfeiting. Next you have the provision of illegal services that are, human trafficking, cybercrime and fraud, commercialized vices. Last we look at the infiltration of businesses including government they are, extortion and racketeering, money laundry and corruption. My transnational crime that I will focus on in this paper will be human trafficking from both countries the United States and Cuba (Dammer & Albanese, 2014). The United States defines Human Trafficking as the illegal movement, recruitment or harboring in an individual for the purpose of exploration, forced labor or commercial sexual exploration. The most common human trafficking types we hear a lot about are sex trafficking, labor trafficking, and debt bondage. The International Labor Organization (ILO) estimates that at least 12.3 million people are victims of forced labor at any given time, 2.4 million of whom toil in forced labor as a result of trafficking. The U.S. Department of State estimates that 14,500 to 17,500 people are trafficked into the United States each year. Traffickers recruit most of their victims both woman and children that are in poverty, low educated, and immigrants many of whom are looking for work to provide for their family (Human Trafficking: Modern Enslavement of Immigrant Women in the...
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...Funeral Traditions in America from Around The World America has many traditions, but one tradition that many don’t like to speak of is funerals. A funeral is when a loved one has passed and there is a celebration of life and put to rest, in this case with many traditions around the world there are different ways of remembering ones loved one when passing. America is a big continent where many people from around the world live in and bring their traditions with them and still continue them here, and one of those traditions is a funeral. To begin with one of the popular traditions that are regular to do in most places like in the article that Marian T. Horvat states is in the past, the funeral was held from the home or from funeral parlors. In the former case, rarely practiced in the United States today, the body was prepared to repose in the person’s own bed for twelve hours, during which time only family members were received to offer their last respects and prayers. After this the coffin was placed in the living room, and the bereaved family received condolence visits from friends and neighbors. As a point of honor and respect, the family made sure that at least one person kept watch over the deceased at all hours until the body was taken to the Church for the requiem Mass and then burial. The term wake came from this time of watch. The customs vary in each country, but in general, the deceased is laid out at the family home or the hospital chapel, often in an open coffin...
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...Japan vs. United States: Ethical Norms Japan vs. United States: Ethical Norms This paper is about the ethical norms of Japan and the United States. The Japanese culture is very complex as well as their corporate culture. Japan’s government us unitary state, constitutional monarchy, parliamentary system. The United States culture is primarily western and corporate culture is considerably fragmented. The different factors within both cultures have an impact on both countries’ ethical norms. Japanese corporations can be contrasted to American corporations which stress the interests of stockholders and are more likely to emphasize short term goals. Leadership is a term that emphasizes three characteristics which are the human trait requited, to coordinate interests of the group, and towards the group’s goals (Taka & Foglia, 1994). Effective leaders maintain integrity and trust by communicating clearly, leading by example and fostering positive relationships with sponsors, stakeholders, suppliers and employees. When leaders establish a strong commitment to ethical behavior and demand that all employees adhere to a high standard of business conduct, confidence in the company tends to be high. When leaders show disregard for the rules, morale, productivity, and overall success suffer in the long-run. The problem of when and how to adapt to different ethical standards is best approached by examining two sets of issues: those faced by Americans doing business in Japan, and...
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...be taken or imprisoned? Unlawful or illegal combatants are civilians or citizens deciding to take part in armed conflict in violation of the laws of war. For these types of people, GITMO, would be like a nation who didn’t honor habeas corpus… people would simply disappear into the prisons without ever having their day in court. (J. Weinerman 2012). War on terror, habeas corpus, and civil liberties are serious headlines and I will discuss how all of these subjects share their relationship. "Habeas Corpus" is a Latin phrase which means "you have the body." It is the right by which a person can go to court and challenge the validity of his/her imprisonment. In the Anglo-Saxon law, habeas corpus is the oldest human right. It even preceded the British Magna Carta of 1215 CE. The latter confirms the right by stating: "No free man shall be taken or imprisoned ... except by ... the law of the land." 2 This particular freedom has been in our history’s timeline for years to come. "According to Utah State Courts, habeas corpus is a civil proceeding used to review the legality of a prisoner's confinement in criminal cases. Habeas corpus actions are commonly used as a means of reviewing state or federal criminal convictions. The petitioner alleges the convictions violated state or federal constitutional rights. State habeas proceedings start in state District Court; federal habeas proceedings start in federal District Court." 1 Robert Parry of the Baltimore Chronicle wrote an article talking...
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...occurred in popular education in the United States. The first is that the foundations were laid for a governmental takeover of education, and the second is that the historical role of schools in transmitting religious traditions gave way to more secular goals. The educational reform movement that marked the turning point in United States educational history originated in, and was dominated by, the example of Massachusetts and its political leaders, particularly Horace Mann. Horace Mann was born to a family of farmers in Franklin, Massachusetts, on May 4, 1796. His lineage included some of the earliest Puritan settlers who practiced a "severe brand of Calvinism."[19] At the age of twelve, the bookish and introspective Mann rejected Calvinism and focused his attention on educating himself. He graduated from Brown University in 1819 and, following law school in Connecticut, became a practicing attorney in Boston in 1825. Mann's interest in politics and law and his views and skills as an orator soon catapulted him into the Massachusetts legislature. It was as president of the State Senate that he became intimately involved in the movement to concentrate control of education in the hands of state. The fight to bring education under the control of government was essentially a fight over the schools' role in shaping the character of the American people. The goal, implicitly religious, was social integration through the inculcation of certain common beliefs selected for their "uplifting"...
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