Share
Explore BrainMass

Business Law

Procurement and Contract Management - Negotiation

In reviewing the proven best practices for the contract negotiation process, which portion of the process would be the most difficult to carry out--planning, conducting, or documenting and forming the contract? Which would be the least difficult? Is one portion more critical than the others? Justify your answers.

AstraZeneca versus the People

Beginning in the 1990s, with their research pipelines drying up, the major players in the pharmaceutical industry moved to sustain profits by fighting to extend patent periods, by advertising direct-to-consumers, and by raising drug prices. The facts of a case filed recently in California reflect a blend of these strategies: As

Adherence of a corporation to their oaths or codes

Creative Code: We the members of the American Association of Advertising Agencies, in addition to supporting and obeying the laws of legal regulations pertaining to advertising, undertake to extend and broaden the application of high ethical standards. Specifically, we will not knowingly create advertising that contains: Fal

Sources of Tax Law...

Answer the following questions concerning the sources of tax law. a. What role does the Internal Revenue Service play in interpreting, and providing guidance on, the tax law? What types of tax law guidance are published by the IRS? b. What roles do the U.S. Constitution and U.S. Congress play in creating the tax law? Brief

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