Share
Explore BrainMass

Business Law

Law - Conditions can be only:

Conditions can be only: A. precedent. B. subsequent. C. precedent or subsequent. D. precedent, subsequent, or concurrent. E. precedent, subsequent, concurrent, or nominal.

Baseball arbitration

Have you heard of "baseball arbitration"? This style of arbitration is used in other fields beside major league baseball. In baseball style arbitration, each side separately proposes an offer to the arbitrator. The arbitrator then picks one of the offers and that's the decision (no middle ground). So, if one party offers $1

Law involved in the judge's determination of who got the baseball

During the 2001 MLB season, Barry Bonds set the record for home runs. A fan, Alex Popov had his glove on that home-run ball. However, Patrick Hayashi ended up with the ball. Mr. Popov filed suit alleging that Mr. Hayashi assaulted Mr. Popov in order to get the ball. Videotape shows Mr. Popov's gloving of the ball. Mr. Popov sa

"Minimum Contacts" and the "Long Arm Statute"

What is the holding in International Shoe Co. v. Washington, 326 U.S. 310? What is the concept of "minimum contacts"? What is a "long arm statute" Why are these concepts important o business law?

Foreign Earned Income Exclusion Act

1. You are setting up a branch for your international trading group in Dubai in the United Arab Emirates. You have other branches all over the world. You're deciding what days to be open in the Middle East many of your employees will be local citizens. The weekend in the Middle East is Friday and Saturday. You're buying and sel

Law and accounting discussion

Enron: The Smartest Guys in the Room. Based upon the video, the piece is expected to describe the video "what is happening in that video". It is also expected to do some outside research regarding the rise and fall on Enron. For the substantive part of this learning, it is expected to answer, among other things, the following qu

Rights and Obligation: Every right is attached with a counter obligation and neither of these can be considered in isolation. A contract is an obligation attached by the mere force of law to certain acts of the parties, usually words, which ordinarily accompany and represent a known intent.

In 1999, a Seattle man took a popular soft-drink company seriously when one of its commercials made an offer of a Harrier jet, the famous high-tech jump jet used by the U.S. Marines. In a TV commercial that aired in 1995, the company jokingly included the Harrier as one of the prizes that could be received with a mere 7 million

Are Naming Rights a Win-Win for Companies and Communities?

Does the situation below this represent a win-win situation: New York's Metropolitan Transportation authority proposes to sell naming rights to bridges and to rail and subway stations to corporate advertisers. Meanwhile, in Rome, city planners have been very successful raising funds for restoring ancient buildings and monumen

Selected Employment Benefits and Protections

Please help me answer on the attached Case Study "Kilgore vs Outback Steakhouse of Florida three questions that have to do with the attached PDF. 1) Do you consider the restaurant's pool tipping policy to be fair to the servers who received the tips? Explain. 2) Does the court's analysis make sense in the case, that if ho

Business law paper: Jones Used Car Lot

Analyze the following case--who should win and based on what legal reasons; who should lose and what are their legal arguments. Be sure to cite appropriate legal reasoning (contract law) in your analysis. Jones Used Car Lot sold a five-year old sedan to a young man, age 17 at the time. He paid for the car with $250 cash and

The purpose of this document is to further investigate the internal infrastructure within NCAA's use of the "No Agent 12.3.2.1" rule and the "Restitution" rule. Andy Oliver was suspended from the baseball league as a result of having his attorney/agent present during contract negotiations which is prohibited from the baseball league, Oliver claims that both rules have not been enforced by the league and other baseball players, and are otherwise null and void, the courts ruled in agreement with Oliver's claim. The objective of this document is to conduct a comprehensive analysis of both arguments in order to test the theory of "Breach of Contract" and to test the validity of both rules ("No Agent" and "Restitution")in order to determine if they are relevant in accordance with the college baseball league in today's culture and the prevalence of agents in the industry or are the rules invalid and should be shun from the NCAA as a rule to utilize. Research questions/Hypotheses- ? Should the "No Agent" and "Restitution" rule be considered invalid and/or unenforceable? ? Is the "No Agent" and "Restitution" rule null and void? ? Should the "No Agent" rule be enforced? If so, should violators be punished? Background literature to support research

Main theme/purpose- The purpose of this document is to further investigate the internal infrastructure within NCAA's use of the "No Agent 12.3.2.1" rule and the "Restitution" rule. Andy Oliver was suspended from the baseball league as a result of having his attorney/agent present during contract negotiations which is prohib

Business law: 23 multiple choice questions

Question 3 Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon, but the car hits both of them. Drake is liable for the injuries of Choose one answer. a. Evon and Gina. b. Evon only. c. Gina only. d. neither Evon nor Gina. Question 7 OK Dry-Cleaning adverti

US Business Law

(1) Identify two of the elements of a contract. Explain the importance of those elements to a business. How can this business be subject to liability with regard to these two elements? (2) Lawsuits for breach of written contract are common. What are the pros and cons of available remedies to a plaintiff for a successful br

Sample Questions

Evolution of Statutes The Sherman Act and Clayton Act were landmark pieces of legislation that formed many of the present day business practices in the United States. Using this week's resources and others that you investigate, discuss the purposes of these acts and how they have evolved over the years. How have the courts infl

Legal and Accounting Expenses: Which are deductible for Sam who manages property?

Legal and Accounting Expenses. Sam is a sole proprietor who owns, leases, and manages several apartment complexes and office buildings. During the current year, Sam incurs the following expenses. Which of these expenditures are deductible? Are they for or from AGI deductions? a. $200 in attorney's fees for title searches on a

Case Scenario - To Hire or Not to Hire

Case Scenario - To Hire or Not to Hire Having resolved the supplement abuse issue in a positive manner about a year ago, Polar Health's manufacturing capacity for Bear Strength health supplements has grown considerably, and Bill Brice needs to hire additional employees and a couple more factory floor engineers to meet the dem

Affirmative Action Describe the elements of affirmative action as it applies to public sector and private sector employers and how it interacts with Title VII requirements of Equal Employment Opportunity. Affirmative action enforces equality in the workplace as it relates to hiring, training-apprenticeships, promotion, compensation, transfer, layoff, termination and goals. Affirmative Action enforces equal employment opportunities for disadvantaged group or individuals who are discriminated against due to race, religion, creed, color, disability, national or ethnic origin, sex, age or marital status. Affirmative action programs are designed to improve the workplace environment and free it of discrimination. The Federal Employment Equity Act enforces employment equity. Legislation demands employers to account for their employees who belong to these four groups. Employers are required to establish all groups are represented equally, at all levels within their organizations. According to "Marquita Sykes in the article entitled The Origins of Affirmative Action (2008, ¶ 1). The Thirteenth Amendment to the Constitution which made slavery illegal. President John F. Kennedy's 1961 Executive Order 10925, to enforce Affirmative Action." (Affirmative Action, 2008, ¶ 1).

Affirmative Action Describe the elements of affirmative action as it applies to public sector and private sector employers and how it interacts with Title VII requirements of Equal Employment Opportunity. Affirmative action enforces equality in the workplace as it relates to hiring, training-apprenticeships, promotion, co

Employment Regulation and Labor Law

Employment Regulation Why does the United States have so many laws, acts, and policies designed to prevent and/or remedy discrimination in the workplace? How effective do you think these regulations have been? Is further legislation needed? Are there any laws or policies you believe are no longer relevant or needed in today's w

The jury has decided!

In violation of a local ordinance, Tavern serves alcohol to Sam, obviously intoxicated. Sam picks a fight with Victim, beating him severely. The fight is broken up. As Sam leaves the bar, Victim's friend, Payback, beats Sam in turn. Sam's staggers to his vehicle, drives off and runs over Pedestrian. He continues along until

Sam vs Victim & Tavern Agruments

Can you help me get started on this set of questions??? In violation of a local ordinance, Tavern serves alcohol to Sam, obviously intoxicated. Sam picks a fight with Victim, beating him severely. The fight is broken up. As Sam leaves the bar, Victim's friend, Payback, beats Sam in turn. Sam's staggers to his vehicle, dri

Business Law What is the difference between statutes, regulations and case law (common law)? Statutes "A state may enact laws for the benefit of public health and welfare, which govern how animals may be treated. However, state statutes are sometimes challenged. For instance, when there is a question as to a statute's meaning, or to determine if a statute follows the state constitution, the Supreme Court is asked to review the law. The Court then writes an opinion on that law. State statutes provide the framework for the comprehensive structure of law throughout the state. The state cannot explicitly cover all the potential interests in law by statute, however, so it delegates some of its authority to state agencies and to local units of government (counties and cities). For instance, state laws and local animal control ordinances govern conduct involving animal cruelty" (Statutes, 2009). Regulations "Most regulations are developed and enacted through a rule-making process, which includes public input. State agencies hold open meetings and public hearings, allowing citizens to participate in the creation of regulations (sometimes called rules or administrative laws). Participation in administrative law is extremely important, but often overlooked by citizens. Many of the actual working provisions of statutes are embodied in regulations, providing citizens a unique opportunity to directly influence and shape their laws. Authorized by statutes, regulations have the effect of law. Someone violating regulations is, in effect, violating the law that created it. Regulations are designed to increase the flexibility and efficiency in the operation of laws. The vast majority of regulations is in effect for only a limited period of time, and must be updated and reenacted on a regular basis. State executive agencies carry out state laws through the development and enforcement of regulations in specific areas of law. The state Game Commission, Racing Commission, Livestock Board, and Veterinary Board are state executive agencies"(Regulations, 2009). Common Law "Common law consists of the rules of law that come from the written decisions of judges who hear and decide litigation (lawsuits). Judges are empowered to make these decisions by the constitution and statutes. When a judge decides a case and publishes a written decision, the decision becomes the precedent for future litigation" (Common Law, 2009). Law does not have any kind of fixed definition. But it is clear that any breach of conduct that the law has prescribed will incur a legal consequence. Legal system, however, is the framework of rules and institution that govern a particular community according to law. Both legal and non legal rules facilitate the orderly function of all aspects of society. In other words, it regulates human behavior to achieve social cohesion. Legal rules could be statutes, regulations or case law rules. When one of these is broken, a dispute ensues and there will always be a legal consequence imposed. Non-legal rules, however can be any rules made by parents or any societies with the consequence at a discretion if there is a breach of conduct. One of the primary functions is to establish a social cohesion, a condition in which a majority of the people acts lawfully, knowing that the others will be mindful of the rights of each other. In such, laws must be able to protect and preserve values and human rights. For an example, people can practice a religion of their choice and have a right to their own privacy. To make sure of these rights, there must also be laws to set acceptable standards of behavior and there must be a legal consequence imposed for every breach of them. By imposing legal consequences, most people would likely obey the law. Institutions of government which make laws and enforce them are created by the law itself. They operate in legislative, executive and judicial branches.

Business Law What is the difference between statutes, regulations and case law (common law)? Statutes "A state may enact laws for the benefit of public health and welfare, which govern how animals may be treated. However, state statutes are sometimes challenged. For instance, when there is a question as to a statute's mea

Case Analyses: State the issue, rule of law, applications

Both case analyses and assessed question is for IRAC format. CINDY: Cindy is 36 years old and working as a sales representative for a small manufacturer. Cindy and her husband have been married for about 12 years. They have no children because initially they wanted to establish their careers before taking on the obligat