Discuss the basis for civil tort actions. Explain the allegations of the client. Explain any civil tort actions associated with the client's dealings. Explain if the senior partner whose photo was used can personally bring any type of tort action against the client on his own behalf. Research and discuss relevant case law th
As company ombudsman, your task is to investigate complaints of wrongdoing on the part of corporate directors and officers, decide whether there is a violation of the law, and deal with the wrongdoers accordingly. Jane, a shareholder of Goodly Corporation, alleges that its directors decided to invest heavily in the firm's growth
1. An effective method to minimize the possibility that a prior employer of a prospective employee will refuse to provide a reference on the grounds that a reference can give rise to defamation liability is a) to require all prospective employees to sign a document releasing former employers from liability for providing refe
-What is meant by "retaliation" as it relates to employment discrimination? --What specific anti-discrimination laws also discuss retaliation? Please provide one example of an employer action that might be viewed as adverse action (retaliation) and indicate which law it relates to. --What specifically is the EEOC's r
1. You are a newly assigned top HRM professional in your organization that offers carnival rides around the U.S.. Your organization has 250 employees traveling carnival circuits and 200 more back at the plant creating and making new carnival rides (Ferris Wheel, Tilta-Whirl, etc.). Your boss has just entered your office shak
In depth explanation of preferred and common stocks. Step by step calculations of the number of shares of preferred stock issued by a firm; the total amount of the annual dividends to which preferred stockholders are entitled; the average issuance price per share of common stock; the amount of legal capital and the amount of total paid-in capital; the book value per share of common stock; and the use of this information to determine the fair market value per share of the common stock.
The year-end balance sheet of Jackson Products, Inc., includes the following stockholders' equity section (with certain details omitted): Stockholders' equity: Capital stock: 7% cumulative preferred stock, $100 per value $15,000,000 Common stock, $5 per value, 5,000,000 shares authorized, 4,000,000
Even though there have been some high-visibility cases in recent years, the number of raids and fines on employers who hire undocumented workers is small, some would say symbolic. This is in spite of a federal law on the books for almost 25 years (the Immigration and Control Act of 1986) whereby employers can be fined $10,000 for every illegal alien they hire, and repeat offenders can be sent to jail. Some equate these immigration laws to the federal â??dry lawsâ?? of the early 1930s, which prohibited alcohol use yet were widely disregarded and simply spurred more underground activity and a cottage of intermediaries who benefitted from this illegal activity by satisfying an unmet demand. Do you agree? What proposals, if any, would you make to remedy this legal incongruence (that is, laws that are not applied or weakly applied in practice)? Explain
Even though there have been some high-visibility cases in recent years, the number of raids and fines on employers who hire undocumented workers is small, some would say symbolic. This is in spite of a federal law on the books for almost 25 years (the Immigration and Control Act of 1986) whereby employers can be fined $10,000 fo
I need help with this projectââ?¬¦ Part 1 ââ?¬¢Address any case laws relevant to change of control agreements ââ?¬¢Discuss any information regarding non-compete agreements that you feel is important in drafting the final document. ââ?¬¢Display an example of a written contract that you have mocked up. It co
In recent years there has been an increase in the number of companies that have wrongly classified an â??employeeâ?? as a â??contract worker.â?? Consequently companies were taken to court by workers who believed they were entitled to certain rights and privileges enjoyed by individuals who were given â??employeeâ?? status.
"What is your opinion of the consumer protection acts? Typically they are in the best interest of consumers and they make sure consumers are able to make an educated choice. Pick one and evaluate it. Fair Packaging and Labeling Act What does it do? The act requires that most commodities be labeled to disclose its contents and information on its distributor, manufacturer, or packer. The act also includes provisions to prevent deception of ingredients, fullness of packaging and other items involved with packaging (Legal resources, n.d.). Does it do what you think Congress intended when they passed the law? I think overall the law does what it was intended to do. Some packaging and labels may be deceptive; however, overall I think it was a great law to enact. Without the law packages and labels would be misleading. How would you improve it? The weight should be listed with minimal weight of water and have a standard just for the product weight. The country of origin should also be listed for the country produced in, not just the country it was packaged in"
"What is your opinion of the consumer protection acts? Typically they are in the best interest of consumers and they make sure consumers are able to make an educated choice. Pick one and evaluate it. Fair Packaging and Labeling Act What does it do? The act requires that most commodities be labeled to disclose its conte
"What do I think of consumer protection acts? I personally feel that they are necessary, it is too easy for large companies or sellers to take advantage of consumers. What does it do? This act requires business or sellers to provide consumers with detailed information about warranty coverage. Such as what parts it covers
When it comes to the Do Not Call Registry, can cell phone numbers be added as well? Hint: See Federal Trade Commission. (2010, January 27). Do Not Call Registry: Cell phones. Retrieved from http://www.ftc.gov/bcp/edu/microsites/donotcall/
Copyright laws: Protections, public domain, training materials, digital content, copyright compliance
http://www.copyright.com/Services/CorporateGuide/index3.htm provides a rich discussion of copyright laws for business use. Read each of the sections and then summarize your answers to the following questions: * What original creations are protected and for how long? * What is the public domain and how does it factor in
Is there a difference between the legal forms of conducting a business and the principal Federal income tax forms of doing so? Please explain in detail.
M.K. Gallant: Describe business owner's / executive's obligation to do more for the environment than the law requires.
M.K. Gallant is president of Kranbrack Corporation, a company whose stock is traded on a national exchange. In a meeting with investment analysts at the beginning of the year, Gallant had predicted that the company's earnings would grow by 20% this year. Unfortunately, sales have been less than expected for the year, and Galla
1. Environmental Law: Describe business owner/executive's obligation to do more for the environment than the law requires. Summarize the value of knowing about environmental law (at least some aspects of it), even if you are not working for a company directly, impacted by any of the four environmental laws identified
On January 1, Ted, a dealer, sold and delivered a new high definition television to Betsy, a consumer. Two weeks later, Besty discovered a latent defect in the television, which would turn on and off automatically, at 2 minute intervals. Betsy revoked acceptance of the television, and demanded a new one or her money back. Ted argued that it was customary for a seller to "cure" defects of this nature, by replacing any defective parts. Who is right? 2. In 5 previous contracts, Sam tendered and Bonnie accepted without rejection both 36 and 37 inch steel. The contract description specified "37 inch steel". In the 6th contract, the description specified "36 inch steel". In a delivery under the 6th contract, Sam tendered 37 inch steel. Bonnie rejected Sam's tender of 37 inch steel and Sam sued Bonnie for breach of contract. Who will win the case? Be sure to clearly state your analysis and to cite to the applicable UCC rules. 3. Sally Seller contracted to manufacture office chairs for Bill Buyer for $25,000. Before Sally Seller began performance, Bill Buyer repudiated the contract. Sue Seller immediately canceled the contract, but still decided to manufacture the office chairs. The chairs were completed at a cost of $19,000, but Sally Seller, after reasonable effort, was not able to find anyone to buy them. Sally Seller wants to sue Bill Buyer for the $25,000 contract price. Bill argues that Sally failed to mitigate damages and is limited in damages to the difference between the contract and market price at the time and place of breach. Can Sally Seller recover the price, or is she limited to damages according to the Section 2-708(1) formula? 4. Sam sold nails to Bob for $10,000, shipment FOB point of shipment. Sam shipped screws â?" nonconforming goods which Bob, if the defect was discovered, could have rejected. However, Bob accepted the screws and did not discover the defect until later. When Bob discovered the defect, Bob promptly telephoned Sam and revoked his acceptance. That same day, the screws were destroyed by fire while in Bob's warehouse. Bob's insurance covered $5,000 of the loss. Sam sues Bob for the price of the screws, $10,000. What is the outcome of the case? Be sure to cite to the applicable UCC rules.
Instructions: Write a complete answer to the question. Make sure you answer all parts of each question and provide a detailed legal analysis of your answer. Clearly state the applicable UCC sections and any assumptions. The paper must include a detailed analysis of the relevant issues, and clearly state the applicable U
Find an example of a business organization that is an LLC. Discuss why this company would prefer to be formed as an LLC instead of a partnership or a corporation
People act in their Own Financial Self Interest In financial theory, an agency relationship is one where management manages a business for the owners with the primary goal of maximizing owner wealth. Agency issues then stem from the conflicting interests and behaviours that managers, or advisors/agents have in acting in their own self interests vs. those of the business owners. For example, for a firm, distorting sales/ profits to realize bonuses, or taking on too risky of projects for the probability of a high profit, or passing up risky but viable projects to protect oneâ??s reputation are examples of agency issues. Others are spending excessively on benefits/ perks such as offices, travel, events, cars that erode profits. Provide an example of this principle as applied to your company or a company in the news. Describe how the business code of conduct and/or the Board of Directors mitigate these risks.
People act in their Own Financial Self Interest In financial theory, an agency relationship is one where management manages a business for the owners with the primary goal of maximizing owner wealth. Agency issues then stem from the conflicting interests and behaviours that managers, or advisors/agents have in acting in thei
See the attachments. I have assignment that brief about Faragher v. Boca Raton, 524 U.S. 775 case which involves a claim of sexual harassment. ISSUE: FACTS: COURT DECISION: COURT RATIONALE: DISSENTING OPINION: PERSONAL OPINION:
In 2011, the Westgate Construction Company entered into a contract to construct a road for Santa Clara County for $10,000,000. The road was completed in 2013. Information related to the contract is as follows: 2011 2012 2013 Co
The Holly Corporation has a new rights offering that allows you to buy one share of stock with 4 rights and $25 per share. The stock is now selling ex-rights for $30. The price rights-on is:
On June 15, 2011, Sanderson Construction entered into a long-term construction contract to build a baseball stadium in Washington D.C. for $222 million. The expected completion date is April 1 of 2013, just in time for the 2013 baseball season. Costs incurred and estimated costs to complete at year-end for the life of the contra
Sam works as a driver for Toxic Games Warehouse, a wholesale distributor and online retailer of video games and accessories. Over a ten-year period, Sam repeatedly applies for and is denied a promotion to the position of dispatcher. Sam meets the requirements for the job, which are a years driving experience and a specific licen
You are an employee at a nice paper mill and want to impress the boss by burning the midnight oil (but not too close to the wood pulp). For four consecutive weeks, you work forty-five, forty-two, thirty-nine, and thirty-one hours. If you are a nonexempt employee covered by the Fair Labor Standards Act, how many hours of ove
4) The Holly Corporation has a new rights offering that allows you to buy one share of stock with 4 rights and $25 per share. The stock is now selling ex-rights for $30. The price rights-on is: Please place in Excel.
Text: Employmnet Law for Human Resource Practice, by David J Walsh Instructions As sad as it is, people do get fired...and this of course must be part of the study on Employment Law! Therefore, read chapters 18 and 19 of your text. Then answer the following questions: Why is it good legal advice for employers to do each
Read the R. Williams Construction Co. v. OSHRC case. 1. What was the legal issue in this case? 2. Explain what the employer did or failed to do that violated the OSH Act.
As a business owner, what two policies would you likely impose with respect to social media in the workplace?
Scott offers to sell Cliff a boat for $500. Cliff replies, 'I think I want the boat, but let me have a week to consider.' Scott replies, 'OK. I won't sell the boat to anyone until after one week from today.' The next day, Scott sells the boat to Bill for $600. The day after, Scott tells Cliff he already sold the boat. Neverthel