Explore BrainMass
Share

Business Law

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

Intellectual Property and Trademarks

Please help me understand what mechanisms are available to protect and secure intellectual capital. Under what circumstances would you consider using federal or state trademarks? What would happen if such trademark protections did not exist?

Patents and Trade Secrets

List at least three factors that weigh in favor of patents. List three factors that weigh in favor of trade secrets.

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

U.S. Control Measurements

I have an issue with the control measurements that are enplaced here in the United States. Within the last year there has been numerous recalls of food products due to ecoli, salmonella, and arsenic etc.contamination. How can we effectively monitor manufacturers in other countries on their safety measures when we are failing in

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

Caveat Emptor in Transactions

What is the meaning of caveat emptor? Do you think we should employ the principle of caveat emptor in sale of goods and consumer transactions? Have you been involved in any consumer transaction where the seller used this concept against you?

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.

Employment at Will

Should the law allow an employer to fire an employee without a good reason? Conduct research to provide examples to support your position and use your own personal employment experiences when possible. Have you observed situations where an employee was fired? Did the employer give a reason? Do you believe the employer's actions

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.

Business Ethics and Law

You own an appliance business in a working class neighborhood that makes most of its sales on credit. What considerations would you take into account in determining whether and when to foreclose or repossess items on which customers have fallen behind in making their payments? Should you be swayed by the personal circumstances o

Stop the Beach Renourishment Inc. v. Florida Dept. of the Environment

Check out the case of Stop the Beach Renourishment Inc. v. Florida Dept. of the Environment, 998 So. 2d 1102 ( Fl. 2008). In this case erosion threatens about 60% of Florida's beaches, and under a 1961 law, the state dredged sand from one area and moved it to a threatened area, extending the width of an eroding beach 80-100