...Role and Functions of Law Paper LAW/421 November 5, 2013 Based on reading from the week 1 material and the case brief given from week 1, there will be an explanation of how the Supreme Court’s language and results of the case reviewed show the preemptive power of congress in upholding the laws set forth by congress in opposition from the State Law. There will also be a review of the rulings effect on other states and peoples’ rights. The review of congresses decision about preempting state law in this case shows that the government has supreme rule over the land and in this case used it to protect the tobacco industry. Business law and law in society will also be reflected upon and how it might relate to a past or present job opportunity. In review of the Case Brief Cipollone v. Liggett Group, Inc., given the results of the case, the preemption power of congress is too narrow. The basis for this case was the fact that the state law was conflicted with federal law regarding advertising and marketing techniques for the tobacco industry. Federal law is supreme when there are conflicting issues. A reason this could be viewed as too narrow, is because if there are any conflicting laws between state law and federal law there should be language in the statute that directly states the regulations and requirements or if there is not a direct statement, the state law would be preempted if it conflicts in any way with federal law. The Supreme Court’s ruling...
Words: 755 - Pages: 4
...Addressing International Legal and Ethical Issues Complete comprehension of national and international law is required to conduct a business transaction. Understanding these laws will help in resolving legal disputes, and taking legal action against a foreign business partner. Also knowing what priority to set local customs and laws at, when operating abroad. Finally, how companies could resolve domestic and international issues differently. Resolving Legal Disputes in International Transactions There are many motives that can lead to a legal dispute in international transactions. Some consist of modifications in the lawmaking, conflict of interest, or ethical dilemmas. To assist in resolving a dispute, companies must ensure to include in the contract provisions that will protect the company’s assets in the foreign country against possible outcomes. Typically both parties will enter into the Contract for the International Sale of Goods (CISG), which offers both parties an international recognized headquarter for transactions (University of Phoenix, 2013). Taking Legal Action against a Foreign Business Partner Before a lawsuit can begin against a foreign business partner the plaintiff needs to know if he or she can take legal action in that country. The contract that both parties signed will include the governing law and the jurisdiction clause. The governing law will lay out which country’s law would pertain in the event of a dispute. The jurisdiction clause will disclose...
Words: 492 - Pages: 2
...LAW421 Week 4 Individual Assignment - Crusoe and Cold Case Trucking Name University Individual Assignment - Crusoe and Cold Case Trucking 1. What is Crusoe's agent classification? What factors should CCT analyze in making this determination? Crusoe’s agent classification is an “independent contractor”. CCT provides only direction for the completion of tasks and does not provide a direct supervisory role of Crusoe. The IRS three-prong test would be the primary way this classification is made. The three components of the test include Behavioral, Financial, and Work Relationship. In regards to behavioral, Crusoe maintains independent freedom on how to perform project tasks. Financially, Crusoe is paid only when the invoice is submitted, as a opposed to a regular paycheck. The work relationship is focused on a single project and is clearly not an ongoing commitment, despite that fact that Crusoe is making a full time effort on the project currently. 2. What is the source of Crusoe's authority to act as CCT’s agent? The source of Crusoe’s authority is “actual”. CCT has given Crusoe the permission to act on its behalf to achieve the goals of the business. Actual authority occurs when one party gives another party express or implied permission to act on their behalf. Reference: http://www.law.cornell.edu/wex/actual_authority 3. Assume that Crusoe is driving to interview one of CCT’s customers for his study of CCT's logistical operations. While en route, he negligently...
Words: 801 - Pages: 4