...* Describe the natural law and positivist law schools. (100 word guideline). | Selected Answer: | Legal positivism and the natural law theory are rival views about what law is and its relation to justice and morality. Natural law is the set of truths of morality and justice and rejects ethical subjectivism and affirms ethical objectivism. Positive laws are commanded by political superiors. The consentrate of legal positivism is the "separation thesis" which can be defined as someone having the legal right to do something but not having the moral right to do it. They are general commands by people who themselves are not bound by them and who can also force obedience from everyone else. | Correct Answer: | [None] | Response Feedback: | [None Given] | | * Question 2 10 out of 10 points | | | Identify and explain the various sources of American law. (150 word guideline). | | | | | Selected Answer: | American law has a ranking system specifically associated with it. For Americans to know which body of law must prevail if there is a direct or even indirect conflict, this system is necessary. There are several primary sources of American law. The U.S. Constitution and decisions by the U.S. Supreme Court interpreting the U.S. Constitution, federal statues and treaties and as well as federal administrative law. The federal case law is to interpret anything outside of the U.S. Constitution. The federal law is also superior to all sources of state law. This...
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...Commercial Jurisdiction and its Influence on Precedents 1. Introduction “Cassis de Dijon” is one of the most significant cases from historical reference, which laid out jusidictional precedent about commercial jurisdiction. This case has been used as an example for courts to reference every since. Cassis de Dijon is a French liquor manufactured from black currants. Cassis contains 15%-20% alcohol and the German standards prescribed 25%. For the Germans, the percentage of alcohol became a problem as it wasn’t their standards. This case has been very important and has been used as precedent in similar cases that have taken place in the future. Similar cases will be mentioned as well as the concequences and the principles that the case created. At last, but not least, the paper will speak about how this case influenced all the Inter-European Union trade. It allowed The European Court of Justice to clarify all the jurisdiction influencing the freedom to move goods across borders without any restrictions. 2. Cassis de Dijon In the "Cassis de Dijon" case, the European Court of Justice struck down a German import prohibition. The prohibition disallowed the import, sale and/or marketing of liquors in Germany that didn't meet minimum German alcohol standards of 25%. The ruling gave the European Commission an opportunity to develop the principle of "mutual recognition." 2.1 The Case In February 1979, the European Court...
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...support of the regulation than against it unconstitutional- pg 199 public comments period. Pg 190 -One of the purposes for publishing proposed rules is to allow the public an opportunity to review and provide input on the proposed rules. The period during which the agency accepts comments on the rule standing equal protection violation of 24th Amendment unlawful poll tax violation of the 14th Amendment discrimination First Amendment. 2. Unauthorized appropriation is a privacy tort – using someone's name, likeness, or voice for commercial advantage without his or her permission. The Midler case specifically used the California law of appropriation to decide the case. In order to sue for palming off, the owners would need to show that the product would create consumer confusion. On page 520, the author of the textbook uses the example of DeBiers instead of DeBeers (diamonds) as a “potentially confusing” name. Palming off, one of the oldest unfair methods of competition, occurs when one company sells its product by leading buyers to believe it is really another com- pany’s product The tort of misappropriation is a form of protection for a business whose trade...
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...UNIVERSIDAD AUTONOMA DE NUEVO LEÓN FACULTAD DE CONTADURIA PÚBLICA Y ADMINISTRACIÓN INTERNATIONAL BUSINESS PROGRAM BUSINESS ITS LEGAL, ETHICAL AND JUDICIAL ENVIRONMENT “SUMMARIES” CHAPTERS 12, 13, 14, 15, 16, 20 and 21 Name: Nayeli Berenice Beltran Garza ID: 1586848 Group: 4Ai Cd. Universitaria de Nuevo León, November 16th 2015 CHAPTER 12 CONTRACTS AND SALES Introduction and Formation A contract is a promise or set of promises for breach of which the law fives a remedy, or the performance of which the law in some way recognizes as a duty. The three general sources of contract law for contracts entered into in the United States include common law, the Uniform Commercial Code, and the new sources of law evolving in response to e-commerce. Common Law The common law was the first law of contracts. It consists today of those traditional notions of law and the body of law developed by judicial decisions dealing with contract issues. Common law applies to contracts that have land or services as their subject matter. Contracts for the construction of a home and employment contracts are governed by common law. The Uniform Commercial Code (UCC) One of the problems with common law is its lack of uniformity, the states do not follow the same case decisions on contract law, and some states do not follow the Restatement. To address the uniformity, the National Conference of Commissioners on Uniform State Laws and the American Law Institute worked...
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...friends and employees - against other bidders in order to raise the price at which your item will eventually sell and is a violation of both eBay rules and federal law. Shill bidding is considered to be unfair to buyers because of deliberate placing of bids by fraud bidders to increase the value of the auctioned item. It is a major threat to the eLite Bankers Limited as it compels bidders to bid higher for the item. Phishing Phishing is a type internet fraud that seeks to acquire a user’s credentials – passwords, credit card numbers, banks account details and other credential information – by deception. They usually take the form of fake notifications from banks, providers, e-pay systems and other organizations to encourage a recipient to urgently update or enter their personal data. This is a major concern for eLite Bankers Limited as banks and other e-pay systems are major targets for phishers. This indicates that the fraudsters are more interested in personal data which provides access to money which can bankrupt a victim of phishing. Session Hijacking Session Hijacking is the exploitation of a valid computer session to gain unauthorized access to information on a computer system. A Session Hijacking attack compromises the session token by stealing or predicting a valid session token. A session token could be compromised in different way such as; Predictable Session Token, Session Sniffing, Client-Side Attacks (malicious codes, Trojans, etc.), Man-In-The-Middle Attacks...
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...Justifying the Bill of Rights Professor Maria Toy, J.D. LEG107 The amendments to the United States Constitution play an important role in the history, politics and law of our country. When the Bill of Rights was originally proposed to the First Federal Congress in 1789 by James Madison, the intent was for the amendments to be integrated into the original text of the Constitution. As we now know, Madison’s idea did not prevail and Congress decided the first ten amendments and the subsequent seventeen be appended (BYU Journal of Public Law [Volume 25], January 1, 2011). The amendments are an integral part of the Constitution, the framework of the incomparable American justice system that has great impact on the legal system and political climate of the United States. Each of the amendments was written either to overrule a Supreme Court decision, to force societal change, or to revise details of the existing Constitution. The Constitution is an evolving document that some believe is “a living constitution that was written so it could adapt to a changing nation” (Huey-Burns, 2010). Additionally, many of the modern day issues we face such as same-sex marriage, healthcare and insurance policy, and immigration reform, have deep constitutional roots. Amendments are crucial because they give us a mechanism to update and reflect changes in time and public opinion. The process of amending the Constitution fulfills a crucial part of the checks and balance system of our...
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...Nussbaum declares that prostitution is comparable to other common jobs such as a chicken factory worker, a domestic servant, a nightclub singer, a professor, a masseuse and a colonoscopy artist. However, I would like to challenge this. If prostitution were to be considered a valid job, it would have to meet the OSHA standards for worker safety, sexual harassment, and civil rights; yet, it does not. As a result of this, I believe that Watson is correct with regards to whether or not "sex work" is true work. She takes a unique route on prostitution by building on the Nordic model through the lens of worker safety, sexual harassment, and civil rights. Watson states in "Why Sex Work isn't Work" that no one chooses the occupation of prostitution. Instead, one is forced into the selling of their body for money due to poverty, homelessness, drug abuse, or mental health issues. I will...
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...logan 2e 00 fmt 2004-1-6 12.38p Page i North Carolina Torts logan 2e 00 fmt 2004-1-6 12.38p Page ii logan 2e 00 fmt 2004-1-6 12.38p Page iii North Carolina Torts second edition David A. Logan Roger Williams University Ralph R. Papitto School of Law Wayne A. Logan William Mitchell College of Law Carolina Academic Press Durham, North Carolina logan 2e 00 fmt 2004-1-6 12.38p Page iv Copyright © 2004 David A. Logan Wayne A. Logan All Rights Reserved ISBN 0-89089-847-2 LCCN 2003115021 Carolina Academic Press 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com Printed in the United States of America logan 2e 00 fmt 2004-1-6 12.38p Page v To our students, who keep us learning. logan 2e 00 fmt 2004-1-6 12.38p Page vi logan 2e 00 fmt 2004-1-6 12.38p Page vii Contents Preface Acknowledgments Part I The Basic Negligence Cause of Action xix xxi 1 3 5 8 15 15 19 22 25 27 27 33 Chapter 1 Duty 1.10 Duty 1.20 Misfeasance and Nonfeasance [1] Special Applications of the Misfeasance Rule [a] Negligent Entrustment of Chattel [b] “Negligent Entrustment” and Alcohol [c] Spoliation of Evidence Chapter 2 Duty Despite Nonfeasance: The Special Relationship Exceptions 2.10 Duty Despite Nonfeasance 2.20 Duty Because of a Special Relationship between the Plaintiff and the Defendant 2.30 Duty to Control Another for the Benefit...
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...worker’s rights to the store and placed it in the break room where other employees looked through it. The book covered matters such as benefits, discrimination, the right to organize, safety, health and sanitation.” (2013) This book was brought in as a result of conversations with the manager from the Las Vegas store. In a complaint by the NLRB, they claimed that the 3 employees were released violating the sections 7 and 8 of the NLRA. The decision was based on the facts that it was a discussion between company employees about work conditions. Section 7 states that “the right ... to form, join, or assist labor organizations ... and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” (2013) By firing the three employees they showed that employees at the time were not allow to collaborate about the issues within the work place. In section 8, it explains, “interfere with,...
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...Policy and Legislature that affect Family and Consumer Science Birdie Bell December 11, 2014 Dr. Lynda Martin POLICY AND LEGISLATURE THAT AFFECT FAMILY AND CONSUMER SCIENCE Family and consumer sciences are an important academic discipline that students in most of North America take as a humanity subject (Brotherson & Duncan, 2004). The aim of this paper is to identify the policies and legislation on families in the United States and consumer science and examples will be used to illustrate these clearly. Federal and State laws on Families The United States Supreme Court has long made a pronouncement that the family law belongs to the individual states within the nation’s federalist system. Even if the federal government has as well undertaken regulation of issues that affect families, initially in a sporadic manner and then in a more consistent manner, the Court has made an affirmation of the primary role of the state in defining family. A large number of commentators show of appreciation of this authority allocation, presenting an argument that that it plays an important role in promoting family pluralism by showing to honor to local values and choices. However, others point out that federalism creates “equality by design” (Laura, 2014, p. 1835). Therefore, a large number of commentators present an argument that deference to states play a role of insulating courts and federal agencies from the disorderliness of family life, thus demeaning the family relationships’...
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...Discrimination in the Workplace Discrimination is a term used to describe unequal or disparate treatment of others. In short, it is a way of thinking and involves an action that puts one or more individuals at a disadvantage at the cost of another. It does not have to be for personal gain or prestige but to hinder or gain dominance or control over another human being that does not have the same power or control in a situation. The reasoning may emanate from one or more biases, such as ethnic, religious, political, disabilities, gender or sexual preference. Discrimination is also prevalent in the business world. According to Max Weber, a sociologist, “In the 1960s, critics pointed out that big businesses and other organizations engaged in unfair hiring practices. Rather than hiring on the basis of competence, as [he] had proposed, organizations had excluded women and other minorities, especially from positions of power” (Macionis, 2010, p. 175). To counteract this, Title VII of The Civil Rights Act of 1964 indicates that no person employed or seeking employment by a business with more than 15 employees may be discriminated against due to his or her race, color, religion, sex, or national origin. While there are federal laws concerning discrimination, most states have enacted laws that prohibit it. These laws may have different remedies than the federal laws and may, in certain circumstances be more favorable than the federal laws. There are four major types of employment discrimination...
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...Course Project Paper | | Tamara Robinson | Employment Law Prof. Justin Lawrence DeVry University | Define sexual harassment, gender discrimination, and sexual orientation discrimination as those terms are used legally. Be sure to note the differences between these types of discrimination in your answer. The definition of sexual harassment encompasses the request for sexual favors as well as touching, joking, commenting, or distributing material of a sexual nature that an employee has not consented to and finds offensive. (Moran, 2014, p. 265) Gender discrimination, or sexism, is defined as attitudes, conditions, or behaviors that promote stereotyping of social roles based on gender. Sexual orientation discrimination is unfair treatment or harassment because of a person’s real or perceived sexual orientation. (NOLO Law) When it comes to employment legality, these discriminations should be avoided, and if they do occur within a company, they must be addressed immediately and rectified. Failure to do so opens the company to the possibility of legal action, conceivably costing the company millions of dollars and tarnishes the reputation of the company. Provide the legal definition of "quid pro quo" (also known as "vicarious liability") sexual harassment. Provide one example of a behavior which could be found to be quid pro quo sexual harassment. Vicarious liability renders employers responsible for their supervisors’ tangible employment actions undertaken in...
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...Chapter 1 Introduction to Law and Legal Reasoning TRUE/FALSE QUESTIONS A1. The stability and predictability of the law is essential to business activities. B1. An important function of the law is to provide jurisprudence. A2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. B2. How judges apply the law to specific disputes may depend in part on their personal philosophical views. A3. The basis for the U.S. legal system is natural law. B3. A judge’s view of the law is of little importance in a common law legal system. A4. Constitutional law includes only the U.S. Constitution. B4. Congress can only pass legislation that falls within the limits set up by the U.S. Constitution. A5. A state constitution is supreme within the state’s borders. B5. The U.S. Constitution is the supreme law of the United States. A6. Whether a law is constitutional depends on its source. B6. Each state has its own constitution. A7. Uniform laws apply in all states, including those in which the laws have not been adopted. B7. The Federal Trade Commission developed the Uniform Commercial Code. A8. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. B8. State agency regulations take precedence over conflicting federal...
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...homosexuality is a matter of biological wiring of the human mind or a learned choice is not relevant to this paper. What are relevant are the perception, acceptance, and possibly tolerance of homosexual love, and whether the next logical step in the expression of this love (marriage) has a place in our society and our relationship with God. The American Constitution created a separation of State and Church in order to establish a fair governance of the people, regardless of their religious beliefs. The intent of the ideal of separation of church and state also prevents one form of religion from dictating and overpowering other belief systems. Worldwide we now have a system of democratic norms that, in theory, prevent the establishment of an unfair constraint on human happiness. What is at the heart of this debate over allowing and recognizing the union of same-sex couples? The gay community, the current government and even public opinion see the choice of recognizing same-sex marriage the as a question of equality. Why do the religious institutions reject same-sex marriage as a view of equality? After all, most of the western religions denounce homosexuality and same-sex marriage as being a violation of the religious norms held by each belief system. Let us begin with the gay community’s views regarding same-sex marriage. The gay community sees the rejection of same-sex marriage as an act of discrimination akin to racism. ("Gay Marriage") (Young) While comparing the legality...
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...Chapter 1 ------------------------------------------------- The Constitutional Foundations ------------------------------------------------- N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Bank, = A question included in the previous edition of the Test Bank. | TRUE/FALSE QUESTIONS 1. State laws are the supreme law of the United States. ANSWER: F PAGE: 2 type: N BUSPROG: Analytic LO: 1-1 Bloom’s: Knowledge DIF: Easy AICPA: BB-Legal 2. The federal government and the states have the same constitution. ANSWER: F PAGE: 2 type: N BUSPROG: Analytic LO: 1-1 Bloom’s: Knowledge DIF: Easy AICPA: BB-Legal 3. State constitutions are supreme within their respective borders. ANSWER: T PAGE: 2 type: N BUSPROG: Analytic LO: 1-1 Bloom’s: Comprehension DIF: Moderate AICPA: BB-Legal 4. Statutory law includes state statutes and ordinances passed by cities and counties. ANSWER: T PAGE: 2 TYPE: N BUSPROG: Analytic LO: 1-1 Bloom’s: Knowledge DIF: Easy AICPA: BB-Critical Thinking 5. Statutes are laws enacted by Congress and the state legislatures...
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