Is it necessary for an International Business to undertake illegal practices to succeed? Is corruption a cultural phenomenom? How can an International Business succeed while maintaining ethical and legal practices?
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
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
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
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 188.8.131.52" 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 184.108.40.206" 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
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
(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
Find the single rate for operating costs based on test-hours and the hourly billing rate for HTT and ACT. 2. Find the three activity-based rates for operating costs. 3. What will the billing rate for HTT and ACT be based on the activity-based costing structure? State the rates in terms of testing hours. Referring to both #1 and #2, which rates make more sense for Best Test? 4. If Best Test's competition all charge $20 per hour for arctic testing, what can Best Test do to stay competitive?
Best Test Laboratories evaluates the reaction of materials to extreme increases in temperature. Much of the company's early growth was attributable to government contracts, but recent growth has come from expansion into commercial markets. Two types of testing at Best Test are Heat Testing (HTT) and Arctic-condition Testing (A
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. 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 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
Corruption and Integrity Corruption and corporate and personal integrity are increasingly important in the global economy we live in today. Many national and multinational companies face serious cultural dilemmas including corruption and honesty/ integrity issues. Select two of the most corrupt/ low integrity countries i
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
Please help answer the following business law question. Provide at least 300 words. What is the legal approach to cultural inclusion?
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
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
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
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
1. Read the decision of the court in the case of 1-800 Contacts, Inc. v. Weigner. Debate the merits of the court's decision. Do you agree with the court's decision? Why or why not? See http://caselaw.lp.findlaw.com/data/ut/cases/appopin/1-800_contacts120805.pdf. 2. Using WestLaw, please find the case of Hotmail Corp. v. Van M
Wanda's Dilemma The Hypothetical: Wanda is a new Christian who has been planning to open a business with a life-long friend who is not a believer. Wanda has heard that somewhere in Corinthians it says that Christians should not enter a business partnership with an unbeliever. Not wanting to violate the teachings of the
The driving force behind the Equal Pay Act was indeed working women. The debate actually started in 1942â?"can you believe it! It began, however, as a request by the National War Labor Board for organizations to voluntarily pay American women (who were taking jobs in the war industries during World War II since most men were on
Family Related Issues: Family and Medical Leave Act Explain the extent to which an employer can make his or her own determination as to the eligibility of an employee under the Family and Medical Leave Act.
Immigration Reform and Control Act (IRCA) Does the Immigration Reform and Control Act apply to Patricia's restaurant? Explain. "The law enacted on November 6, 1986 Public Law 99-603 (Act of 11/6/86), that permitted adjustment to lawful permanent residence for various groups of persons illegally in the United States, as well as sanctions against employers who knowingly hired persons not authorized to work in the United States" (IRCA, 2010). Employment law protects other rights of employees, as well as employers. Laws are enacted to institute principles that employers must adhere to, to supply benefits, for health insurance, and coverage for health problems that arise due to conditions of the job or workplace. "Employment law also includes protection against discrimination in the workplace based on race, gender, religion, disability, or veteran status, and makes provisions for the employment of foreigners. Employment law protects our rights as human beings. Employment law ensures that employees cannot be overworked, placed in an unhealthy or dangerous environment, or rendered unable to work without appropriate compensation. Employment law also guarantees that workers can't be unfairly discriminated against, and allows foreigners a period of time during which they can legally work in the country." The Immigration Reform and Control Act of 1986 applies to Patricia's restaurant as a result of this law preserving jobs for employees who are legally entitled to work in the United States, such as authorized aliens and American citizens (Employment Law, 2010).
Immigration Reform and Control Act (IRCA) Does the Immigration Reform and Control Act apply to Patricia's restaurant? Explain. "The law enacted on November 6, 1986 Public Law 99-603 (Act of 11/6/86), that permitted adjustment to lawful permanent residence for various groups of persons illegally in the United States, as we
Please help with the following problem. Include a reference along with the solution and provide at least 300 words. How is the business world different today than it was 20 years ago? What is the relevance to HR? Be sure to include at least one peer-reviewed reference to support your answer.
Transformational and transactional leadership both have a common interest and that is developing, motivating and strategically empowering a group of followers to fulfill the company vision and to meet the organizations primary objective. Another commonality of the two leadership styles is that each leader is a visionary, each type of leader has the potential of predicting the end result and determining what it will take to reach the desired outcome. Both leadership styles consists of developing a strategic action plan, "create an ideal of the organization and its culture, the aforementioned leadership styles also involves the act of defining the organizational philosophy that succinctly states the vision, develops the necessary programs to accompany the vision, and integrate policies that put the philosophy into practice within the organization's unique context and culture." (Sashkin, 1989). In a sense, a transactional leader is one who thrives on bargaining with followers in order to obtain adequate results. Some theorist believe, that in order for a transactional leaders believe to obtain success, the leader must continuously develop enticing offers and competitive promotional packages as a means to retain employees and increase productivity, in which case a transactional leader may utilize a "quid pro quo" philosophy (i.e. this for that) in order to reach the desired outcome of project fulfillment. For example, a leader may require followers to meet the specified quota by a certain deadline, upon completion of services rendered, the followers and/or subordinates may be rewarded by receiving incentives, monetary compensation, and/or some additional perks that would express the organizations gratitude for an employee or group of employees commitment to providing top-tier level job performances. In addition to increased productivity or competitiveness within an organization being the driving force behind the motivation of recompense of reward, the fundamental element of a transactional leader is engaging in the exchange method of conducting interoffice transactions that enables the organization to become more effective and efficient during the day-to-day operations.
Transformational and transactional leadership both have a common interest and that is developing, motivating and strategically empowering a group of followers to fulfill the company vision and to meet the organizations primary objective. Another commonality of the two leadership styles is that each leader is a visionary, each t
Please help with the following problem. Discuss the role of the Partnership Act as it relates to people c
1. Is Mary an independent contractor or an employee? Describe the factors that led to your determination. Define independent contractor and employee. According to the scenario I find that Mary is an independent contractor for the reason that her obligation to the employer is on a project-by-project basis and once the project is completed both parties understand that the relationship can either end or become extended depending on the needs of the organization. The factors that led to my determination that Mary is an independent contractor is that she was required to use company materials and adhere to company work schedules however she was not considered an employee more of an external liaison who functions within the realm of an internal framework. The contract between Mary and the organization was based on obtaining service for a particular project within a certain time frame. For example, ELance is an organization that joins independent contractors and organizations together to complete specific projects on a timeline in exchange for compensation for work completed, however, no benefits are awarded just monetary compensation and the ability to establish an acceptable reputation as a high-quality service provider. An employee, on the other hand may or may not have a contract unless he/she is an executive or another corporate entity. An independent contractor is an individual who functions as a self-employed individual who provides products/services for organizations. This type of individual may work for an organization as a separate entity from the organizations primary day-to-day operations. An independent contractor possesses a contract with the organization that is a working agreement of what is expected of both parties in the agreement such as; the nature of the project, deadlines, timelines, etc. It is also understood that an independent contractor does not receive benefits from the organization as an employee, the independent contractor and the employer agrees to a set price for services rendered, it is safe to assume that an independent contractor operates as an organizations personal vendor for whatever services the organizations requires. The independent contractor is responsible for his/her own tax obligations, medical benefits, expenses, transportation, etc.
1. Is Mary an independent contractor or an employee? Describe the factors that led to your determination. Define independent contractor and employee. According to the scenario I find that Mary is an independent contractor for the reason that her obligation to the employer is on a project-by-project basis and once the project
Does anyone ever think that regardless of a profit loss analysis that a company should be obligated to "do the right thing?'
Does anyone ever think that regardless of a profit loss analysis that a company should be obligated to "do the right thing?'" For example if there is only a one in a million chance that something bad would happen to someone, should the company be required to disclose that information? Is this in essence valuing a human life?