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Business Law

Limited Liability Company

Edina and Patsy form an LLC for the purpose of starting a public relations firm. Edina drafted the articles of organization for the LLC and gave the articles to Patsy, who read them briefly. Patsy told Edina, "Everything looks okay to me," and signed the agreement. Edina properly filed the LLC articles with the secretary of stat

Unfulfilled Contract

Bob, a merchant seller, had contracted with Acme U.S., to buy welding equipment. The contract stipulated that Bob would pick up the equipment from the Acme U.S. warehouse on the 14th day from the date of the contract. But Bob could not make the pick up on that date and before he could do so on the 15th day, the warehouse was bur

Collective Bargaining Negotiation

Read: Collective Bargaining Negotiation Scenario: Harper Container Company and the United Chemical and Plastics Workers Union You are representing the "union/labor side" and your key negotiation issue is : unemployment benefits. Looking to develop a bargaining strategy and formulate bargaining demands regarding unemployme

Job Application Questions: Employer and Candidate Rights - To Ask or Not To Ask

Case Study Scenario: The following information is sometimes requested on employment applications, though candidates might consider some of it to be private or personal. Which of the following items might an employer have a legitimate claim to know, and why? - A job applicant's social security number - An applicant's arrest re

Unions And Labor Laws

Are current labor laws capable of dealing with labor-management problems or should they be abolished? If abolished what should take their place?

BFOQ and protected classes

Utilize this as a practical discussion of the concept of BFOQ. 1) does it discriminate against a protected class 2) which protected class(es) 3) what type of discrimination (disparate impact or disparate treatment) 4) is the requirement a BFOQ BFOQ? 1) Experienced firefighters needed. Must be able to lift and car

American Recovery and Reinvestment Act 2009

Using the American Recovery and Reeinvestment Act of 2009, need more clarity on: How the Tax Shield could help a business who is about to close their doors gain control over their debt financing and how to evaluate the financial stress of a business who was struck by a natural disaster after they received ARRA gains. Is ban

Equal Protection Clause

Identify and define the three standards of review used by the Supreme Court when deciding cases under the Equal Protection Clause. What is the importance of the distinctions between each?

Sarbanes-Oxley Act and Section 803

Do we really need to have the CEO and CFO sign off on the quarterly and annual reports? What's wrong with delegating this responsibility to another person in the organization? Do you agree with Section 803 of SOX? Should any judgement resulting from securities fraud be nondischargeable? Why or why not?

Employer Discrimination Law

What are some ways that employers can ensure interviewers do not violate employment discrimination laws, for both direct discrimination and adverse impact?

Montana law for just cause termination

Montana law provides for a just cause standard for termination of the employment relationship. In Montana a discharge is wrongful if: - It was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy; - The discharge was not for good cause and the employee had complete

Presumed Innocent

Published in 1987, Presumed Innocent was revolutionary in that it created the genre of the "legal thriller", later built upon by authors such as John Grisham, Richard North Patterson and many others. Despite the time that has passed since its publication, Presumed Innocent remains one of the finest examples of the genre. The nov

Intellectual Property (IP)

IP (Intellectual Property) is defined as any product or the result of a mental process that is given legal protection against unauthorized use. There are four types of IP: (1) patents; (2) copyright; (3) trademarks and (4) trade secrets. A patent gives an inventor the exclusive right to make, use, and sell an invention for a per

Four Factors Of Copyright Infringement

There are typically four factors for copyright infringement: 1) the amount of the work copied (the more copied the more likely it is to be infringement or the more "key" the copied elements are to the original work, the more likely to be infringement; 2) the nature of the work (the more creative the original work the more likely

Product Liability Lawsuit

Select a company that has been the subject of a product liability lawsuit in the last ten (10) years. Research the lawsuit using legal data. 1. Describe the company and the product safety issue that led to the lawsuit. 2. Discuss the legal theories used by the plaintiff to recover in this lawsuit, how the lawsuit was resolv

Employment Law Paper

Please focus on a legal issue or situation that relates to a business environment or activity with a focus on the legal impact technology has on this issue. Apply the legal concepts and ethical considerations. At a minimum this should include: - A detailed description of the topic. - An analytical discussion of the legal

Intellectual Property and Technology

Internet domain names are linked to trademark issues. Technology makes it easy to copy and distribute music and movies without paying royalties. Business conducted on the internet raise security and privacy issues. What legal concerns are raised by these issues? Predict which of these issues will be of major concern in the futu

Working with Non-Governmental Organizations: Schmidt Gifts and Novelties, Inc.

Please help with the questions based on the following scenarios: Schmidt Gifts and Novelties, Inc. imports a product from a company in a developing nation. Schmidt promotes itself as a socially responsible and green organization. It provides good wages and benefits to its employees, recycle, and complies with all environment

The business guide to legal literacy

Jim wants to sell his car to Marsha. Describe what elements would to need to be present in order to have a valid contract. Would this contract fall under UCC? Why or why not?

Liability for Negligence

Grumped Company asks Pierce Whippersnapper LLP (PW), a CPA firm, to audit its financial statements. Grumped tells PW that it plans to use the statements to obtain a loan from First Bank. PW prepares the statements. Grumped uses the statements to obtain a loan from Second Bank. The statements falsely state Grumped's financial pos

Business Law: Major Media Station

Major Media Station, which broadcasts TV and radio programs around the country, contracts with shock jock Don Marco, who hosts the station's most successful morning drive radio program in the country: Mark My Words. The program consists of traffic and sports updates, interviews with sports figures and celebrities, and Mark's Wor

Business Law: Securities Exchange Act

Deon Donato buys 1,000 common shares of Tromput Corporation in an offering of shares made pursuant to a Rule 506 exemption from the registration provisions of the Securities Act. Deon relies on financial statements audited by Angst & Yearn LLP (AY), a CPA firm, which statements materially overstate Tromput's inventory and earnin

Litigation: Defective Products

A way to improve litigation is to provide more opportunity for larger settlements when people are hurt by defective products. Big corporations should feel the brunt of the legal recourse by victims through the use of juries who are unhindered in their settlement judgments. This would make corporations take the initiative to ensu

Right-to-Work Law

Michigan's New Right-to-Work Law - What does it mean for a company that is currently located in Michigan or thinking about moving there? Define the key aspects of the new law, explain why this is a significant development, report the factors that led to this change, and analyze the impact it could have on labor relations at the

Freedom of Commercial Speech

While most of us are appalled at the association of junk food with drugs, others will argue from a free market economist view that this is all about personal choices and freedom of commercial speech. Therefore, some people would be even more offended if government tries to ban the sale of junk food or restrain the marketing of j

Homestead for Estate Purposes

State your opinion A will or trust is necessary if a decedent wants to control how his/her assets will be distributed upon passing. Without such a document, the state statutes will direct the manner of distribution. Each state can determine how distribution will go in an intestate situation. However, I want you to consider the

Laws Regulating International Corporations

The legal environment is a component of international business. What types of laws regulate international corporations? How do the differences in laws and regulations in different countries affect international corporations? Provide some examples.

Explanation of the Four Foundations of Law

What are the four foundations of law which are exercised globally? Briefly explain each foundation and how they might conflict with one another. I know they are are Islamic Law, Socialist Law, Common Law and Civil/Code Law. Scholarly articles are needed to support answer.