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Federal System of Checks and Balances

The legal environment of business and online commerce (5th ed) Upper Saddle River, NJ Pearson Prentice Hall

1. What is the federal system of checks and balances? How would you apply a checks and balances system to a business function? How would you assess the value of the systems on businesses?

2. What are some examples of several methods of discovery? How would you differentiate between these types of discoveries? How would you determine what must be provided by the party receiving the discovery request?

3. What are several types of alternative dispute resolution? How are the different types similar and different? What are the advantages and disadvantages of each type of ADR?

4. Why might someone be tried both civilly and criminally for the same event? What are the burdens of proof in a civil trial versus a criminal trial? Is this unfair for the individual? Explain why or why not.

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1. What is the federal system of checks and balances? How would you apply a checks and balances system to a business function? How would you assess the value of the systems on businesses?

The federal system of checks and balances is the dispersion of power among the different components of the federal government so that there is mutual accountability among the different entities of the government. In the Federal government, the different branches have overlapping authority, so each branch can to an extent influence the actions of another branch. The Congress can propose amendment to the constitution to overturn court rulings, the President administers the federal government but the budget has to be passed by the Congress. The Congress passes the laws but the courts administer the laws. The president can make appointments if the Senate passes them by a majority.

In business functions, checks and balances are typically applied through separation of duties and the system of approvals. For instance, cash is received by the cashier, it is recorded in the accounts by the accountant, however, and it is deposited in the bank by the finance officer who returns the deposit slip to the accounts clerk. Supposing, good have to be sold on credit, an appointed person in the accounts receivable department will approve the sales.

The value of the systems depends on their ability to exercise internal control. If the system eliminates the risk of misinformation or fraud, it has high value, but if has weaknesses it has low value.

2. What are some examples of several methods of discovery? How would you differentiate between these types of discoveries? How would you determine what must be provided by the party receiving the discovery request?

Three main methods of discovery are interrogatories (Rule 33), request to produce documents and other ...

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