...LAW 531 WEEK 1 A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-1 Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION LAW 531 Week 1 Introduction The cost of taking a lawsuit to court can be very expensive for a business or company. Knowing that are more option available to you to weigh your option before take a lawsuit or a case to trial could save you time and money. Not every case even makes it to the courtroom because they are solved outside the through alternative dispute resolution, ADR. Understanding how a ADR works and the process of going through the courts are valuable to know and something that anyone in a corporate business setting should have some insight on in case of an incident may arise within your business. Legal Phases Initiating a lawsuit, the plaintiff must prepare a petitionand take this form for to the Clerk of Courts for filing. Once this is done you have to give legal notice to the person or company you are suingthat you have filed a lawsuit against them. This person is better known as the defendant. He defendant may or may not file a response to the lawsuit, which is called an answer or counter claim with the court clerk. The plaintiff has moved on to the discovery process where to get information from the other side of the lawsuit by interrogatories or a disclosure. Another way for the plaintiff and defendant get information is by an oral or written disposition where they...
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...Business Law 7/13/2014 Week 1 Professor McGovern Common Law is The ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts. The general body of statutes and case law that governed England and the American colonies prior to the American Revolution. The principles and rules of action, embodied in case law rather than legislative enactments, applicable to the government and protection of persons and property that derive their authority from the community customs and traditions that evolved over the centuries as interpreted by judicial tribunals. Common-law courts base their decisions on prior judicial pronouncements rather than on legislative enactments. Where a statute governs the dispute, judicial interpretation of that statute determines how the law applies. Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law. Common-law judges find the grounds for their decisions in law reports, which contain decisions of past controversies. Under the doctrine of Stare Decisis, common-law judges are obliged to adhere to previously decided cases, or precedents, where the facts are substantially the same. A court's decision is binding authority for similar cases decided by the same court or by lower courts within the same jurisdiction. The decision is not binding on courts of higher rank within that jurisdiction or in...
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...How To Form A Single Member LLC Law/531 Abstract In this paper I will explain how who a business owner decide to on establishing a Limited Liability Company or to decide on a single member LLC. Also I will explain the advantages and disadvantages with LLC verse SMLLC. Following, I will discuss the step a businessperson must take in order to establish a SMLLC. The last information stated in the outline will conclude why a business owner should consider the SMLLC over a LLC. How To Form A Single Member LLC I. Single Member Limited Liability Corporation. a. For most businessmen and women considering ownership of a business will come down to what benefits the business the most. No one wants to go into a business to fail so some choices must be made in order to consider the best choices for that particular business. b. Steps towards the right decisions. i. Tax Classifications 1. This is important for the operation of the business. ii. Nature of the Business 2. Certain business ventures only one needs one person to function with no employees needed 3. If employees are needed different factors will change the decisions on which business should be established. II. Creating a SMLLC. c. The business owner there are steps that must be taken to make the business legal and recognized but the state has made once the decision. iii. Establishing an Article of Certificate. ...
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...The Roles and Functions of Law in Business No Name LAW/421 September 16, 2013 Richard Simon, J.D. The Roles and Functions of Law in Business In order for a business to run successfully, there needs to be a balance of good employees, a good moral code, and a sound foundation in rules and regulations. Some of the rules and regulations within a company will be attributable to the current laws. These laws help companies function in a way that is ethical and fair to its business partners, customers, and employees. No company can run and make a profit without following guidelines set in place. Some may not realize that laws are also in place to protect the company as well. Wrong doings can happen on both sides. Developing laws protects everyone. In society, the same rules apply. Laws are set in place to keep things orderly and to keep individuals safe. There are hundreds of laws. Some are not well-known to the public, but some are so well-known that they have just become a form of common sense. Individuals know that it is wrong to steal and most will refrain from doing so because they know that if they do not, there is a chance of being fined or incarcerated. Business Law Business law primarily deals with businesses that are already in place and the creation of new businesses. Some issues that business law addresses are tax laws, intellectual property, employment law, bankruptcy, and real estate (Melvin, 2011). These laws provide solid ethical expectations. Those...
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...Law in Business and Society Name LAW/421 Prof March The functions and role of law in business and society is something that people don’t put much thought into, but it is used on a daily basis in the workplace. I will discuss these functions and how they relate to business and society thru my personal experiences as well as providing textbook definitions as well. A society that runs efficiently is one that allows laws to regulate social behavior. Laws will also provide ethical standards and expectations as well as providing rules of conduct. They also provide measures to enforce rules and means for settling disputes as well. According to “The Role And Functions Of Law In Business And Society” (2013), “Other functions of law include; peacekeeping: checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social justice; and protecting the environment.” Commerce would likely collapse if we did not have these laws to govern actions of people and businesses. Laws are broken down into a variety of different types. The different types are constitutions, common law, statutes, executive orders, ordinances, and treaties. A constitution law is the overriding law. This establishes if a certain law will be federal or state...
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...LAW 531 Week 1 Quiz To Buy This material Click below link http://www.uoptutors.com/LAW-531/LAW-531-Week-1-Quiz LAW 531 Week 1 Quiz 1.) George has served Mary with a complaint alleging breach of contract. Mary has never been sued before and as such, she seeks your advice on what to do with the complaint. You advise that she answer George’s complaint but do not provide any affirmative defenses that George can use against her should not respond to George’s complaint as an answer implies an admission write a letter to the judge saying that George is mistaken answer George’s complaint by admitting or denying the allegations George has asserted against her 2.) Which of the following is true of The Federal Arbitration Act? It permits an appeal for all arbitration awards. It provides that arbitration agreements are valid, irrevocable, and enforceable. It governs all types of alternative dispute resolution. It applies only to breach of contract disputes. 3.) Which of the following is true of arbitration? A resolution may or may not be reached. One party usually drops the case. Parties can introduce evidence to support their case. A judicial referee makes recommendations to the parties. 4.) Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and decide their dispute? Mediation Conciliation Arbitration Minitrial 5.) Which of the following is true of a corporation? A corporation terminates...
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...clauses has some affect on businesses, however, the clause I am going to explain some about it the Equal Protection Clause. The Equal Protection Clause states that a State cannot “deny to any person within its jurisdiction the equal protection of the laws.” Even though the wording implies that this is only on the state and local levels, the Supreme Court has said it also applies to the Federal level. In simpler terms this clause protects people and corporation from being discriminated against. The Equal Protection Clause allows corporations to expand into states other than the state where they were originally formed. If the Equal Protection Clause did not exist state and local governments could prevent businesses from opening an office or store in their state or cities. If a business cannot expand into other cities and states this would limit what is available for purchase to consumers in those cities and states. It would hamper interstate commerce also. I believe it would also hurt the states or cities that would not allow the corporation to open in their area, due to the fact that they would not have to benefits to their economy that the business would provide. Cheeseman, H.R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Pearson Prentice...
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...LAW 421 Week 1 Role and Functions of Law Paper Get Tutorial by Clicking on the link below or Copy Paste Link in Your Browser https://hwguiders.com/downloads/law-421-week-1-role-functions-law-paper/ For More Courses and Exams use this form ( http://hwguiders.com/contact-us/ ) Feel Free to Search your Class through Our Product Categories or From Our Search Bar (http://hwguiders.com/ ) Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. inCh. 2, section 2-6, “Commerce Powers,” of the text Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present job or industry. Properly cite at least two references from your reading. Format your paper consistent with APA guidelines. LAW 421 Week 1 Role and Functions of Law Paper Get Tutorial by Clicking on the link below or Copy Paste Link in Your Browser https://hwguiders.com/downloads/law-421-week-1-role-functions-law-paper/ For More Courses and Exams use this form ( http://hwguiders.com/contact-us/ ) Feel Free to Search your Class through Our Product Categories or From Our Search Bar (http://hwguiders.com/ ) Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. inCh. 2, section 2-6, “Commerce Powers,” of the text Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present...
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...Case Analysis 1. The double jeopardy claim can be supported by facts in the sense that Falkowsi had entered a pleas which was unconditional in nature on November, 1992. The case in October, 1992 which stated that the Government had taken action in the property seizure of illegal marijuana plantation. The civil case was taken up at the Fairbanks. Also on the charge of possession of marijuana a criminal case was ledged Anchorage. So Falkwski was tired of the same case both the times and so this was a case of double jeopardy. 2. The questions before the court were to identify the elements of the criminal offense. I believe the legal questions were the cultivation, distribution of marijuana, and forfeiture of a property acquired through drug trafficking. 3. Forfeiture describes the process where a civil court, after the initial restraint, and after all the interested parties have had a chance to make their case, orders that ownership of the property changes. The new owner could be a victim, a group of victims, or the provincial government (who will pay the revenue to victims programs). This action is not part of the criminal process and is independent of that. It is not another form of criminal punishment. Page 13 Questions 1. Law is the system of rules that regulates the actions of people and may enforce by imposition of penalties. 2. The Civil Law legal system originated in Europe which is based on the Roman Law. Civil law is a group of legal ideas and...
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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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...Week 1 Assignment 1. What is common law? Common law is the body of law that was developed from judicial and custom decisions in English and United States courts and is not attributable to a legislature. At first, common law was founded on common sense in regards to the social customs. Over time, it became supplanted by statute law, which is the rules that a legislative body approved, and also judgments from the higher courts. The precedents are then recognized, affirmed, and also enforced by the courts decisions. This in turn causes common law to become more expanded over time. When you contrast common law to civil law, common law is based on broader principles. In addition, civil law is based on a rigid code of rule. In addition, in civil law, the defendant is considered guilty until proven innocent once entering criminal trial. Common law is the opposite since the defendant is innocent until proven guilty. 2. What are the sources of American law? There are several sources of American law. The sources include common law, statutory law, administrative law, court rules, and constitutional law. The primary sources of American law include the U.S. constitutions and constitutions of the states, statutes and laws passed by Congress and state legislators, regulations that were created by administrative agencies, and case law or court decisions. Secondary sources of law would include things such as legal encyclopedias, legal treatise, or articles in law review. Statutory...
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...Role and Functions of Law “Rules were made to be broken.” A phrase commonly uttered by the youth of America. Commonly uttered, and unfortunately wrong. Rules, or laws, were put in place to regulate everyday life so that people and organizations all operate in similar manners to keep peace and show respect for those around us. Laws were made to be followed, thus building a community in which everyone can coexist happily. The role of the law is to act as guidelines for how people are supposed to behave in a society. They are similar to lines in a coloring book. When followed a perfect picture is formed, but it is up to the individual to stay in those lines. They regulate the common events such as driving to work and larger events like the marriage of two individuals. Laws have just as big of a role in the business world as they do in society. Laws instruct each business of how they must act in certain situations, thus giving each business a fair chance at surviving in our economy. They monitor fair payment to employees, proper reporting of earnings, and hold businesses accountable for mistakes. Without laws both society and business would become whirlwinds of chaos. The law also has many different functions, in both society and business. One main function is resolve disputes between two opposing parties. One of the main methods of solving disputes is litigation. While litigation is commonly thought of as a trial, it has many stages that come before the actual...
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...Alternative Dispute Resolution LAW/531 March 22,2011 Alternative Dispute Resolution In my dispute, I always look forward to resolving the problems by using the negotiation ADR. This gives the opportunity to all members in the team to participate in a voluntary attempt to resolve any complaint and issues that could have in the course. First I would bring to the table that each member presents their own concern. Secondly bring ideas to how to resolve it that every member be part of the solution. Third we all in consent select a mediator to have who going to give advice to all members to decide the best result in a most possible fairness. Four would be good to decide times and place, including in person or by the internet to bring a good conversation environment to discuss the issue that is been presented. Five each member will have to be accurate to the attended discussion board in a mandatory collaboration effort. Finally set that everybody will accept the solution that the group present in a final vote that the members will resolve. This will give a democratic resolve to all members within the team. I understand that all individuals will have different opinion and skills that will bring a wide expansion of solution, conclusion, and diversification to each member to be discuss. In this type of alternative dispute resolution option, I found the best way to find in a friendly motion to bring all members together. The mediator will work as an advisor that will be an expert...
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...Alternate Dispute Resolution Johnny B. Good LAW/531 April 9, 2012 Professor Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory. While the two most common forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. It is the preeminent mode of dispute resolution. Negotiation allows the parties to meet in order to settle a dispute. The main advantage of this form of dispute settlement is that it allows the parties themselves to control the process and the solution. Mediation is also an informal alternative to litigation. Mediators are individuals trained in negotiations, who bring opposing parties together and attempt to work out a settlement or agreement that both parties accept or reject. Mediation is used for a wide gamut of case-types ranging from juvenile felonies to federal government negotiations with Native American Indian tribes. Mediation has also become a significant method for resolving disputes between investors and their stock brokers. Arbitration is a simplified version of a trial involving limited discovery and simplified rules of...
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...Functions of Law Paper University of Phoenix/Axia Law/421 – Contemporary Business Law Role and Functions of Law Paper The word law is defined as a system of principles and regulations of ethics and rules in order to keep people and also things in line, a set of rules of conduct. There are many functions of law in business and in society. Without the functions of laws many companies, etc. could and would not survive. Law is very valuable within businesses. Businesses have to have law because it is used as a protective shield for the companies. Without laws, companies could have lawsuits placed on them. So laws are put into place to help avoid as many lawsuits as possible. A majority of companies have a set of lawyers to take care of their legal issues. Arbitration has become a key for companies to use to try and keep lawsuits from happening usually regarding employees. This law helps things to be done without going to court and keeping lawsuits down. In order to keep the liabilities down legally with the sale of a company’s services or goods, they use their legal advisories when making such decisions. If there are changes to be made within an agreements, etc., then the legal team can take care of this and is in the position of letting a company know when changes have been made with the legal documents or contracts to ensure that they are meeting the current laws. The role of law in business...
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