...LAW/421 Final Examination Study Guide This study guide will prepare you for the Final Examination you will complete in Week Five. It contains practice questions, which are related to each week’s objectives. In addition, refer to each week’s readings and your student guide as study references for the Final Examination. Week One: Introduction to Law Objective: Define the functions of law in society. 1. Precedent evolves from a. state and federal constitutions b. state and federal statutes c. the common law d. a combination of both state and federal statutes and common law Objective: Define the functions of law in society. 2. Once stare decisis and case precedent is established, a. it may be disregarded and overturned by a court if they deem such action appropriate b. it may not be disregarded by a court but may be overturned by state statute c. it may not be disregarded by a court or be overturned by state statute but may only be changed by amendment to the state's constitution d. it may not be disregarded or overturned once established and must be followed without exception Objective: Define the role of law in business. 3. In the cases of Heart of Atlanta Motel v. U.S. and Katzenbach v. McClung, the Supreme Court found illegal discrimination under the Civil Rights Act of 1964 by applying a. the Commerce Clause b. the Supremacy Clause c. the Necessary and Proper Clause d. the Equal Protection Clause Objective: Define the role...
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...|[pic] |COURSE SYLLABUS | | |School of Business | | |LAW/421 Version 1 | | |Contemporary Business Law | Copyright © 2011 by University of Phoenix. All rights reserved. Course Description This course reviews the U.S. legal system, common law and its development, organizational structures, and the regulatory environment pertinent to business. Students will learn to critically examine torts, crimes, and business ethics. They will also examine contracts; business associations including agencies, partnerships, and corporations; wills, estates, trusts, and other legal entities; securities regulations; and investor protections. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies...
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...Introduction A contract is a promise that courts enforce: "a promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in someway recognizes as a duty" (2nd Restatement of Contracts §1). • Common law: Applies to all contracts except those falling under the UCC. • UCC (Uniform Commercial Code): Applies to all contracts for the sale or lease of goods. The UCC is applicable regardless of whether or not either or both parties are merchants. o More flexible than common law By Formation • Express: The terms of a contract are in written or spoken words. • Implied: The terms of a contract are implied based on an action by the parties. • Constructive: The law treats the parties as if they had formed an enforceable contract and infers the terms based on the circumstances. By Acceptance • Bilateral: The contract is formed by an exchange of promises (e.g., "Because you promise to paint my house, I promise to pay you"). • Unilateral: The contract is formed by an exchange of a promise for an act (e.g., "If you capture the criminal, I will pay you $1,500"). By Enforceability • Voidable: The contract is enforceable at an aggrieved party’s choice. Either party can avoid the legal requirements by disaffirming the contract. • Void: The contract is treated as if it never existed. • Unenforceable: The court will not enforce the contract’s terms, but the court may allow one party to collect on a reliance or restitution theory of damages...
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...International Trade Law Outline Definition of ITL The Scope of ITL （调整范围） History of ITL Comparison of ITL and In. Business Law Sources of ITL( 渊源） Question How to understand the word “international law” here? What is International Law? “A rule… that has been accepted as such by the international community.” Includes :Customary international law. International treaties and agreements. General principles common to major legal systems. Public vs. Private International Law Public International Law. – Involves relationships between countries and applies “norms regarded as binding on all members of the international community” Private International Law. – Is described as conflict of laws or “domain of rights, duties, and disputes between and among persons from different places. Part I Definition 国际贸易法：调整跨越国界的货物贸易、技术贸易和服务贸易关系以及这些贸易关系有关的其他关系的法律规范和规则的总和。 (a) The body of norms and rules – Private law: governs transnational Relationships of Private Persons ( International transaction Law) e.g. the law of international sales, trade finance, licensing agreement etc. – Public law: laws that make up the legal framework within which international business takes place. e.g. the treaties of EU, GATT agreement, NAFTA (b) the scope of ITL（调整范围） Trade in goods, Trade in service，Trade in technology,other international business field Part III History of International Trade Law • Customs and usages Law • Decentralization...
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...INTERNATIONAL BUSINESS TRANSACTIONS OUTLINE – WINTER 2005 - SPANOGLE The book is designed around three types of transactions: 1) Sale of goods across borders; 2) Transfer of technology; a. Licensing production abroad; b. Franchising. 3) Direct Foreign Investment. There are two parts to making these deals: 1) Deal-making aspect; a. Allocating risks; 2) Government regulation Decisions and Risks in Trade – Analyze for each Problem! • The language in which the contract is executed. o They speak German- the purchase order is German; o Battle of the Forms (CISG) with another language, you have problem 4.1. (like the Chicken Frigalamenti case). o Even if the transaction is in English, there may still be communication difficulties. • Currency o How are they going to pay you, in Euros or in dollars? It’s important because the exchange rate changes, you may prefer to be paid in Euros rather than dollars because right now the dollar is doing badly. o What if the purchase order is from Laos instead of Germany? If you don’t know the name of the Laotian currency, you probably don’t want it. There are lots of currency problems that go beyond exchange. • Shipping – Import Regulations/Export Regulations handled by customs brokers. o German Customs o Import Duties; o Tariffs. o You might need a shipping broker. o Can’t bribe, “grease the wheels” due to the Foreign Corrupt Practices...
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...building a cabin on it. One month later, Sam tried to retake possession of the land by arguing that the contract for the sale was invalid because it was oral, not written. Sam sued Ramie to invalidate the contract and retake the land. The court will likely conclude that Sam will: a) Win; the sale exceeded $500 so the contract must be written to be valid. b) Win; all land sales contracts must be written. c) Lose; because the contract was fully executed Sam cannot rescind the contract. d) Lose; because Ramie had begun building a cabin on the property, Sam cannot rescind the contract. 2. On Tuesday, Sam offered to sell his CD collection to Sandy for $100. Sandy replied, "I’m interested. I’ll think it over and let you know Thursday whether I want to buy the CDs." On Wednesday, Sam agreed to sell the CDs to Jason, and Jason immediately gave Sam a letter that stated: "Sam, I will buy your CD collection for $100. As we agreed, I will pay you on Friday when I pick up the CDs. Yours truly, Jason." Upon Sam’s receipt of this letter on Wednesday, what best describes Sam’s contract agreement(s)? a) By forming an agreement with Jason, Sam breached his contract with Sandy. b) Sam has formed contracts with both Jason and Sandy. c) Sam and Jason have formed a valid, enforceable contract; Sam did not form a contract with Sandy. d) Sam formed a contract...
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...building a cabin on it. One month later, Sam tried to retake possession of the land by arguing that the contract for the sale was invalid because it was oral, not written. Sam sued Ramie to invalidate the contract and retake the land. The court will likely conclude that Sam will: a) Win; the sale exceeded $500 so the contract must be written to be valid. b) Win; all land sales contracts must be written. c) Lose; because the contract was fully executed Sam cannot rescind the contract. d) Lose; because Ramie had begun building a cabin on the property, Sam cannot rescind the contract. 2. On Tuesday, Sam offered to sell his CD collection to Sandy for $100. Sandy replied, "I’m interested. I’ll think it over and let you know Thursday whether I want to buy the CDs." On Wednesday, Sam agreed to sell the CDs to Jason, and Jason immediately gave Sam a letter that stated: "Sam, I will buy your CD collection for $100. As we agreed, I will pay you on Friday when I pick up the CDs. Yours truly, Jason." Upon Sam’s receipt of this letter on Wednesday, what best describes Sam’s contract agreement(s)? a) By forming an agreement with Jason, Sam breached his contract with Sandy. b) Sam has formed contracts with both Jason and Sandy. c) Sam and Jason have formed a valid, enforceable contract; Sam did not form a contract with Sandy. d) Sam formed a contract...
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...FUNDAMENTALS OF BUSINESS LAW & ETHICS INTRODUCTION TO CONTRACTS What is the definition of a contract? a promise that the law will enforce 4 Parts of a Contract Agreement: one party must make a valid offer, and the other party must accept it. Consideration: there has to be bargaining that leads to an exchange between the parties. Legality: the contract must be for a lawful purpose. Capacity: the parties must be adults of sound mind. Describe the various types of contracts. bilateral: BOTH parties make a promise. This is the most common and is used for services, sale of goods and almost anything else. A promise for a promise... unilateral: ONE party makes a promise the the other party can accept only by doing something. This is a less common contract. express: In an express contract the two parties explicitly state all important terms of their agreement. This is the majority of contracts. implied: In an implied contract, the words and conduct of the parties indicate the intended agreement. This is less common. executory: one or more parties has not fulfilled obligations executed: all parties have fulfilled their obligations valid: satisfies all of the law's requirements unenforceable agreement: the parties intend to form a valid bargain but a court declares that some rule of law prevents enforcing it voidable: the law permits one party to terminate the agreement void agreement: neither party can enforce, usually because the purpose of the deal is illegal or...
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...Chapter 19 Performance and breach of Sales and Lease Contracts Case 19.1 352 N.Y.S.2d 784 76 Misc.2d 1080 MAPLE FARMS INC., Plaintiff, v. CITY SCHOOL DISTRICT OF the CITY OF ELMIRA, New York, Defendant. Supreme Court, Special Term, Chemung County. Feb. 1, 1974. CHARLES B. SWARTWOOD, Justice. This is a motion for summary judgment in an action for declaratory judgment whereby the plaintiff seeks, first, a determination that the contract wherein the plaintiff agreed to supply milk to the defendant school district at an agreed price be terminated without further liability on the grounds of legal "impossibility' or "impracticality' because of the occurrence of events not contemplated by the parties which makes performance impracticable and, second, a determination that the defendant school district has authority to unilaterally relieve the plaintiff of its contract without violating Article 8, Section 1 of the New York State Constitution. We commend counsel on the quality of their briefs. The background of this dispute is that the price of raw milk at the farm site is and has been controlled for many years in this area by the United States Department of Agriculture through the New York-New Jersey Market Administrator. The president of the plaintiff milk dealer has for at least ten years bid on contracts to supply milk for the defendant school district and is thoroughly conversant with prices and costs. Though the plaintiff avers that the defendant was aware of...
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...Labour Conditions in Ikea’s Supply Chain Case Studies in Bangladesh and Vietnam August 2006 Esther de Haan & Michiel van Dijk Labour Conditions in Ikea’s Supply Chain Labour Conditions in Ikea’s Supply Chain Case Studies in Bangladesh and Vietnam Esther de Haan & Michiel van Dijk Amsterdam, Augustus 2006 2 Colofon Labour Conditions in Ikea’s Supply Chain Case Studies in Bangladesh and Vietnam By: Esther de Haan & Michiel van Dijk August 2006 This document is licensed under the Creative Commons Attribution-NonCommercialNoDerivateWorks 2.5 License. To view a copy of this license visit: http://creativecommons.org/licenses/by-nc-sa/2.5 This report was commissioned by: Oxfam-Magasins du Monde Published by: SOMO Centre for research on Multinational Corporations Keizersgracht 132 1015 CW Amsterdam The Netherlands Tel: +31(20)6391291 Fax: +31(20)6391321 E-mail:info@somo.nl Website:www.somo.nl Subscribe here to the SOMO quarterly newsletter to keep informed of SOMO news and activities. 3 Labour Conditions in Ikea’s Supply Chain Contents Chapter 1 Introduction ...................................................................................................5 Chapter 2 Bangladesh....................................................................................................7 2.1 Employment is freely chosen...............................................................................7 2.2 There is no discrimination in employment .................
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...Law, Ethics, and Corporate Governance – LEG 500 | 201003 | Prerequisite: None | Quarter | Winter 2010 | Meeting Days/Time | Online course | Instructor | Dr. C. Phil Campos, MBA, JD | Instructor Phone | 214-202-8044 | Instructor E-mail | canuto.campos@strayer.edu | Instructor Office Hours/Location | 6pm – 7pm EST | Academic Office Phone NumberStrayer Online Technical SupportEcollege HelpDesk | 1-877-540-1733“As a student, you should choose 1 then 3 for academic issues from the automated menu.”1-877-642-2999“Used for problems entering the class”1-866-448-6703 or 1-303-873-0005“Used for problems once in the class” | INSTRUCTIONAL MATERIAL | Kubasek, N. K., Brennan, B. A., & Browne, N. (2009). The legal environment of business: A critical thinking approach (5th ed.). Upper Saddle River, NJ: Pearson-Prentice Hall.Ferrell, O. C., Fraedrich, J., & Ferrell, L. (2010). Business ethics: Ethical decision making and cases (7th ed.). Boston: Houghton Mifflin Company/South-Western/Cengage Learning.PLEASE READ SYLLABUS PART II in the Course Home tab, it contains important University policies.GETTING TECHNICAL HELPTechnical questions regarding eCollege or classroom issues should be referred to helpdesk@strayeronline.net. Or you may phone the helpdesk at 1(866)448-6703.If the question regards a Strayer system, technical support can be reached at 1(877) 642-2999. Any technical inquiries sent to the instructor will, as a matter of course, be forwarded to the Helpdesk...
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...This week's graded topics relate to the following Terminal Course Objectives (TCOs): A | Given an organizational requirement to conform business practices to both the law and best ethical practices, apply appropriate ethical theories to shape a business decision. | I | Given specified circumstances of a business decision to expand to international markets, determine what international legal requirements or regulatory controls apply. | Topics for This Week's Discussion * Introduce yourself to your professor and the rest of the class. (not graded) * Thread over TCO A/I (graded) * Ethics and Patent Rights Post 9/11 (graded) * Q & A Forum for your questions and comments (not graded) | | There is a drop down arrow next to the "Select a Topic" box. Click on this arrow to select topics for discussion. | ------------------------------------------------- Top of Form Select a Topic: Bottom of Form The World Bank Situation (graded) | Class, please read Chapter 2, problem 5 from the Jennings text, p. 72. This week, we will discuss the Wolfowitz situation at the World Bank. Consider the questions at the end of the problem as you make comments in the threads this week. What are the ethics here? Was Wolfowitz trying to do the right thing? Does that make a difference ethically? Throughout the week, I will bring in further questions. Be sure to read the lecture and the international ethics article stated in your reading for the week as well. | ...
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...I. INTRODUCTION: TYPES OF NEGOTIABLE INSTRUMENTS Money: UCC defines money to mean a “medium of exchange currently authorized or adopted by a domestic or foreign government” 1-201(24). * * The Functions of Money (1) Medium of Exchange Cures two problems with bartering: Double coincidence of wants, e.g. you have a horse you want to trade, and you want a cow—now you need someone who has a cow, and wants a horse. Depreciable commodities (2) Store of Value Money may be used as a store of value. Not all stores of value are money. (3) Unit of Account Unit in which prices are stated and accounts maintained. (4) Statement of Deferred Payment Measure of what must be paid in long-term transactions like loans and annuities. What is Payment Systems? Concerned with the law governing the payment component of commercial transactions. This is the law applicable not to money itself, but to the various substitutes for money. Payments law is not derived from principles of “higher law.” Instead, it is instrumental—designed to facilitate commercial transactions. One way to view payment law is as creating a set of default rules. These rules are designed to establish what the parties would otherwise do for themselves, if they were able to bargain about what the rules would be. Presumably, people would like to reduce transaction costs. So how do we determine what the parties would have chosen? We engage in a “thought experiment” and imagine what kind of bargain parties...
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...The Societies of Management Accountants of Alberta, Manitoba, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan, and the Yukon, Certified Management Accountants Society of British Columbia, Ordre des comptables en management accrédités du Québec Sample 2007 Entrance Examination (Time Allowed: 4 hours) Notes: i) ii) All answers must be indicated on the scannable multiple-choice answer sheet. Work done on the question paper and examination foolscap will NOT be marked. Included in the examination envelope is a supplement consisting of formulae and tables. It is a standard supplement that may be useful for answering questions on this paper. Examination materials must NOT BE REMOVED from the examination writing centre. All examination materials (i.e. answer sheet, used and unused foolscap sheets, envelope, supplement and question paper) must be submitted to the presiding officer before you leave the examination room. iii) Copyright © 2007 by The Society of Management Accountants of Canada. All rights reserved. This material, in whole or in part, may not be reproduced or transmitted without authorization. Sample 2007 Entrance Examination TABLE OF CONTENTS Examinaton: Instructions ........................................................................................ 1 Management Accounting ................................................................... 2 Corporate Finance ..............................
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...[pic] Student Guide for Performance Based Service Acquisition And The Seven Step Process (ACQ 265) Nov 2009 Table of Contents UNIT 1 Introduction UNIT 2 Form the Team, Review Current Strategy, Market Research Step 1: Form the Team Step 2: Review the Current Strategy Step 3: Market Research UNIT 3 An Industry Perspective: Approaching an Acquisition UNIT 4 Requirements Definition Step 4: Requirements Definition UNIT 5 Develop your Sourcing Strategy Step 5: Sourcing Strategy UNIT 6 Execute the Strategy Step 6: Execute the Strategy UNIT 7 Performance Management Step 7: Manage Performance Appendices I Acronym List II Glossary | | | |Course Title |Performance Based Service Acquisition (ACQ 265) | | | | | | | |Lesson Title | Course Introduction | | ...
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