...Article Review: Intellectual Property Oscar Thompson LAW/421 December 12, 2015 Barry Preston Article Review: Intellectual Property In this article it clearly speaks about infringement on the part of Google, Inc. Google being a fortune 500 company and having their hand in all different aspects the company tends to get sued quite a bit. The article speaks on how there has been multiple counts of trademark violations in keywords, created ideals, and sponsor links. The article goes into more detail about a specific case that took place in a United States Court of Appeals, where the plaintiff, “Hyperphrase held two business patents related to some systems and methods that linked online records. The technical process used by these systems and methods is similar to the one used by Google through its "AdSense" and "AutoLink" methods.” (Google v. Hyperphrase, 2007) The Issue The legal business issue raised in the article is that of trademark infringement that would also be considered a theft of intellectual property. Being that Hyperphrase feels that Google has demonstrated deceptive business practice they feel resolving the matter in a court of law is the only to prevent further damages. “This intriguing case so far has two significant juridical teachings. First, we learned that business patents and its electronic use are slowly but steadily becoming the object of intellectual property litigation. For the time being, this litigation is centered...
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...Role and Functions of Law Sheila Rawls Law/421 June 8, 2015 Kurt LoftLand Role and Functions of Law The term law has been defined in a variety of ways throughout recorded history. A generally accepted generic definition of the law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding force. The purpose of this paper is to define the functions and role of law in business and society. I will also examine the functions and role of law in my present job. According to Reference.com (2007) the law serves many roles in business and society. Where this is most apparent is in its three classifications: Criminal and Civic, criminal law is when someone commits a crime and he or she is prosecuted by a governing body. Civil law is when private parties bring lawsuits against one another for wrongdoings. Substantive and Procedural Law are the rights and duties of citizens, the procedural law are the guidelines that the government or courts deal with violation of the substantive law. Lastly, Public and Private Law is the outline of rules that identify the relationship between government and society, private law is the guidelines that individuals and groups interact with another. Functions of Law whether is it corporate, personal, or societal, laws are created to protect the interest if the masses. According to the textbook, Business Law: The Ethical, Global, and Ethical, Global, and E-commerce Environment, 13th Edition (Mallor...
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...Article Review Richard Holt LAW/421 August 26, 2013 C.J. Hughes . The article focused on patents in e-business and intellectual property. Patents are important when running an e-business. This is so because it is on an open market and the competition may be from any location. E-business should be aware that patents might not automatically cover new invention. Before opening an e-business potential owners should research e-business patent laws (Mello, 2002). They should be aware of domestic and international laws. Understanding general patents will help e-business owners better understand e-business patents. Patents are only enforceable in the country which it is established. Therefore, e-business owners need to determine the different countries they may potentially go into business with so they can be protected (Mello, 2002). E-businesses are still fairly new and many laws still need to be updated to protect these types of businesses. E-businesses owners has to be more careful than traditional business owners as they are more prone to fraud and copyright infringement. In order to have a clear chain of title for intellectual property e-business owners should have employment contracts. Having employment contract that include clauses that protect the company’s information is very important in running an e-business. These clause need to clearly state that the employer is entitled to all intellectual property developed by employee during the course of their...
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...Legal and Ethical Issues in Resolving International Interactions Josh Herricks LAW/421 June-6-2013 Luke Martin Legal and Ethical Issues in Resolving International Interactions When an individual or a company is going to involve themselves in international transactions and or resolve a problem he or she should be educated with the laws and understand the foreign culture that he or she is doing business with. Without knowledge of the laws and the customs of a country it could mean that the business transaction will end before it started. It does not matter how small the international transaction, how good the partnership is, and if he or she thinks that nothing will ever happen during international transaction it is him or hers responsibility to make sure they are protected from any lawsuits and any litigations occurring. Businesses that take part in international transaction need to remember the transaction can be challenging. Both parties of an international transaction should come to an agreement on what is the choice of law and what forum selection will be used. The choice of law is to help eliminate confusion and helps coming to an understanding. The forum selection is a decision on how the conflict will be resolved such as arbitration, litigation, jurisdiction of the courts, and procedures. More issues are the culture will be different in a foreign country and if there are any religious views that he or she follows. In the United States men and women are treated...
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...LAW 421 Weekly Reflection During last week’s session multiple types of laws were introduced and their differences were discussed. One of the types of laws that were discussed were civil laws. Civil laws were created to “compensate parties and businesses for losses as a result of another’s conduct” (Melvin, 2011). This means that these laws were created for certain types of conduct against another party to be handled civilly between them. For any type of offense that is handled civilly, the defendant will need to repay the plaintiff for any loss suffered. Another type of law is criminal law. Criminal laws “are a protection of society and the violation of criminal laws results in penalties to the violator such as fines or imprisonment” (Melvin, 2011). This means that these laws were created to protect all of society against criminals that disrupt the peace of others. Another type of law that we focused on was “Common Law”. Common law, also known as “Case Law”, is a basic system to ensure that cases with similar commonalities are treated fairly and consistently. For example, imagine that you are the victim of a reckless driver who side swipes your car, and the judge is now responsible for deciding whether the defendant is liable for the damages in question. The judge will listen to the statements in court and refer to common law in other cases to ensure that the party is fairly dismissed or prosecuted, depending on the verdict. The type of law that many people have heard...
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...Addressing International Legal and Ethical Issues Simulation Summary LAW/421 August 31, 2015 Addressing International Legal and Ethical Issues Simulation Summary There are a few issues that must be considered in determining the best way to resolve legal disputes in an international transaction. Change in legislation, international laws and cultural difference are among the issues to consider. An issue that must be considered is how the contract was set up. If the company chose the wrong type of law when setting up the contract, then the company will not be protecting itself legally. Another issue to consider is what process would be used to resolve the dispute. Litigation, arbitration or some other alternative option that will best benefit the organization. Litigation in international courts has a low rate of success, and there is no governing body to enforce the ruling. Some practical consideration for taking legal action against a foreign business partner that is base in another country are ethical. Working condition that would be accepted in an undeveloped country would not be not be accepted in a developed nation. Miss treatment of employees is an issue that a business partner could take legal action another. Employees have a right that need to be also protected how a partner treat their employees reflect on the company as a whole. If granting the sublicensing agreement would hurt the firm in a country, then the government may not allow the agreement to take...
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...RODNEY E. HAYS LAW 421 ADDRESSING INTERNATIONAL LEGAL AND ETHICAL ISSUES AUGUST 7, 2014 KEVIN MINCHEY Addressing International Legal and Ethical Issues Simulation Summary 1. What are the issues involved in resolving legal disputes in international transactions? In a standard legal dispute involving from an international trade transaction, it is foreseeable that an issue in the jurisdiction of private international law might arise. Each country conducting transactions needs to be aware of all legislations and international laws. Whether any foreign judgment obtained abroad might be enforceable in the home country. All companies conducting international transactions aboard should know what jurisdiction to try the dispute. They should know which country’s laws are applied to resolve all issues with the international transaction 2. What are some practical considerations of taking legal action against a foreign business partner based in another country? What any business needs to consider is the laws of the country they are thinking of doing business in. A U.S Company has to remember, a law in the U.S. is not the same law in another country. Should a law be broken, it may not be enforceable in another country as it can be enforced in the U.S. Even though, a contract is binding agreement, it is only binding if the law agrees. 3. What factors could work against CadMex's decision to grant sublicensing...
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...Big Time Toymaker Having a contract between parties will eliminate any confusion that may come about concerning the terms and conditions of the service agreement. Big Time Toymaker had interest in distributing a game that was created by Mr. Chou, and Big Time Toymaker paid Mr. Chou $25,000 in exchange for exclusive rights to the game for 90 days. Unfortunately a change of management within the Big Time toymaker company caused problems and the termination of the said agreement between the two parties concerning the game Mr. Chou created. The Big Time Toymaker manager sent Mr. Chou an email that explained the key terms and distribution agreement between the two parties, and although this wasn't intended to be the service contract between the two parties it can be used as the service contract. Based on the information that was included in the email that was sent to Mr. Chou outlining the terms of the service agreement, Mr. Chou now has a legal binding agreement that he can use if he choose to pursue any legal action against Big Time Toymaker. A written contract was never drawn up between the two parties but based on the emails that were sent and the detailed information that was put into the email it can be interpreted as an agreed contract even though it was not intended to be a contract. The role of the statue of fraud doesn't apply to this case because the Statue states that the term in which a contract is agreed on is legally binding once it is agreed on. The Doctrine of a mistake...
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...Week 3 individual LAW 421 Tort law can exist in many different ways from keyless cars to personal pets and animals that could cause damage to someone. Liability and negligence are two of the main portions and apply to just about all tort cases in some way or another. Taking a look at a few different cases we can see both negligence and liability on both parties of each case and the decision can be yours to make. Keep in mind that negligence is the failure to exercise the care that a reasonably prudent person would exercise in like circumstances ("Negligence", 2011). Strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions ("Strict Liability", 2011). The first case deals with vehicles and keyless entry and remote start. The video tells the story about owners of keyless start vehicles that were driven and then parked inside of their garage where they were left running and ended up either injuring the owners or in some cases killing them, five (5) in just a few years. Keyless entry and remote start vehicles use a key fob that allows the owner to start and drive the vehicles without ever putting an actual key into an ignition and also allows them to stop driving without having to turn the car off manually. What is happening are the drivers are parking and getting out without pressing the engine stop...
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...creating a new system of governing laws. Since the constitution went into effect on March 4th 1789 it has played a key role in its functions in business and society throughout the United States. Laws help regulate business by ensuring good business practice and also stands in place for the protection of the employer and employee rights within the workplace. Documentation and legal representation are key when adhering to the many laws incorporated in business. In order to protect and regulate business and society two types of laws are enforced, State law and federal law. Through intrastate and interstate regulation, state laws and federal laws operate differently in its functions and roles in business. These laws set in place from our constitution both federal and state have given structure to a successful and thriving business market and overall society. What is the difference between state law and federal law and what roles do they play in business and society? State law controls the intrastate regulations of business practice whereas federal laws regulate all business practice Interstate. Intrastate is the regulation of laws within the borders of one specific state and interstate is the regulation of laws between multiple states. When business practice operates within only one state and its business does not cross into multiple states, they operate under intrastate laws and regulations which in most cases are protected by state law. When business practice operates from...
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...trains. Harry told Brian that he was building a new room but Brian did not reply and simply smiled. When Brian retired he sold his collection not to Brian but to a neighbor, James. Harry was furious and hurt so he sued Brian. Unfortunately, Harry did not have Brian sign any contract to prove that Brian had an obligation to sell the trains to him. According to the Cheeseman (2010) a contract is “a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty” (p. 156). The problem is that no one made an offer, and a contract is created if an offer is made and accepted. Therefore, Harry would not have a case against Brian based on spoken contract because no terms were agreed upon. Harry could also argue that because he built the addition to his house and borrowed money from his aunt based on the promise from Brian. Harry suing Brian for his monetary losses is a lost cause even under the equitable claim of promissory estoppel. Again, in the eyes of the law Brian did not “promise” anything to Harry (Cheeseman, 2010). Reference Cheeseman, H. R. (2010). The legal environment of business and online commerce: Business...
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...LAW 421 Final Exam The LAW 421 Final Exam deals with basics of law and the methods in which it could play a role in the life of a common person. We have worked towards making the students comprehend the meaning of law in easy terms. There is a widespread negative notion among the masses that the concepts related to law are like alien language for the commoners of the society. The LAW 421 Final Exam throws light upon some of the most significant ideologies of the law world. The questions are strategically framed to bring out the major theme of the topic. For example, the role rendered by the hearing officer is an extremely minute, but essential concept that should be primarily known to the students of law. In addition, the LAW 421 Final Exam is beneficial for the students to learn the application of the numerous laws that are framed by the constitution with the help of sufficient practical examples. It encourages the students to think critically and make appropriate decisions. Many questions are framed in such a manner that the students may consider them to be in the place of a judge, or lawyer to present the final verdict regarding a case, and thereby take appropriate decisions. How to Answer? We have also worked hard upon framing the appropriate LAW 421 Final Exam Answers for the students. The answers to the multiple choice questions are drafted in a manner that the students instead of getting confused among the options, spot the correct answer by understanding the concept...
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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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...PHOENIX DATE: April 20, 2015 TO: Michael Carrozzo FROM: Tennile Massey RE: Meyerhoff, A. (2008). Road kill on the deregulation highway. Los Angeles Times. Retrieved from http://articles.latimes.com/2008/jan/14/opinion/oe-meyerhoff14 Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin. ARTICLE SYNOPSIS Changes in regulation often are more of a benefit to corporations than they are to customers and it has been that way for many years. Corporate deregulation has changed over and over because different Presidents in office. Because of this, some laws have been altered or eliminated so that deregulation could override government regulation. Deregulation relaxes laws so that the industry can self-regulate on the principle that it should be allowed to without government support or sanction. The devastation of Enron, WorldCom and the sub-prime market caused the passing of the Sarbanes-Oxley Act by Congress. LEGAL ISSUE The legal issue in this article shows legal business problems due to the deregulation of mistakes that have transpired. These legal business issues include bankruptcy, fraud, lawsuits and ethical issues. MANAGERIAL PERSPECTIVE Legal issues such as those listed can and does feasibly damage consumer, employee and shareholder relations with the company. This can also prevent suppliers from providing the company services...
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...the differences between substantive law, procedural law, criminal law, civil law, common law, and statutory law? Provide examples of each. What U.S. Constitution amendments were implemented to protect the rights of businesses and organizations? Substantive Law: The body of substantive law includes things like defining crimes and prescribing appropriate punishments or providing sentencing guidelines which can be used when determining how someone should be sentenced, along with discussions about legal relationships between people as well as entities. Procedural Law: a term used to describe a set of rules governing how all aspects of a court case are conducted, including the events that occur before, during, and after the trial. The primary purpose behind procedural law is to make certain that every case brought to court is justly and consistently treated. Settlements from court Proceedings would be an example of procedural law. Criminal Law: Criminal law is a branch of law which concerns crimes which are committed against the public authority. Criminal laws are laws broken that effect the public as a whole, unlike civil law which effects individuals. Murder is covered under criminal law. Civil Law: is a term that can be used to describe two different legal concepts. On the one hand, it is used to describe a body of law that is centered around finding peaceful resolutions to non-criminal disputes. On the other hand, the term civil law denotes a legal system that is practiced...
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