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?'" 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?
what are the remedies for an EEOC violation intellectual property. What is a patent? How long does it last? What is a copyright? How long does it last? Title VII prohibits two major forms of employment discrimination: disparate-treatment discrimination and disparate-impact discrimination. Can you identify what e
FMLA was enacted in 1993 to guarantee workers unpaid time off from work for medical emergencies and other situations. What companies does this act apply to? How does an employee qualify for leave under the act? What are the situations for which leave is granted? Microsoft Corporation is the world's largest provider of co
1. In secured transactions-type legislation, such as a Conditional Sale Act, the Bills of Sale Act, the Personal Property Security Act, etc., what is the purpose of a registration? 2. Indicate three examples where a director can be personally liable for the debts of the corporation. 3. How can a corporation be brought to
1. What are example of the types of goods and/or services that you would acquire under these three type of contract. 1) Fixed Price 2) Cost Reimbursable 3) Other, such as Time and Materials, Labor Hour, Letter Contract 2. What are some of problems associated with selecting the wrong contract type?
See the attached file. THINKING ABOUT DISCRIMINATION IN THE GENETIC AGE Paul Steven Miller27 The information age has taken hold, and the genetic revolution is in full swing. With apologies to Aldous Huxley, we stand at the precipice of a brave new world. ...History has taught us that the wonders of science hold unique po
"The purpose of contract law is to give effect to the reasonable expectations of the parties to a contract." Discuss this observation in terms of the five elements that are required for the creation of a legally binding contract.
Discrimination: Amanda is a 40-year-old Asian female. She has been with a law firm for 5 years as a receptionist. The company has 120 employees. Recently, Amanda has been missing work because she has been taking care of her mother who has Stage V cancer. Amanda will usually call out of work at the last minute as she never kno
Could Elaine and Roy form a joint venture? When is this type of arrangement best utilized? What are the duties of the shareholders of a corporation? What are the duties of the directors and officers? Can you discuss how an LLP differs from a Limited Partnership (LP)?
Discrimination In today's workplace, it is less common to find overt or blatant examples of racism or sexism than it was 50 years ago. However, discrimination cases continue to be filed, and often these complaints contain the phrases disparate treatment or disparate impact. Discuss the following: * What is the diffe
According to "Montana: Wrongful Discharge from Employment Act." The state laws protecting whistleblowers vary enormously, but none of them protect whistleblowers who turn to the media first. Discuss why you think this is so? Explain why it either encourages or discourages ethical behavior.
According to 'Montana: Wrongful Discharge from Employment Act', identify the parts of this law that appear to benefit employees and the employers.
Use the FIRAC format for each case analysis. TIP: just use the information from the court case and summarize the higher court's decision using the 5 steps, nothing else. There is no need to do any research. COUGHLIN v TAILHOOK 112 F.3d 1052 (1997) United States Court of Appeals, Ninth Circuit Appeals from the United
Do specific demographic or ethnographic groups working in the United States need legal protection against retaliation? Why, or why not? Provide examples.
Keating & Associates is a law firm specializing in labor relations and employee-related work. It employs 25 professionals (5 partners and 20 associates) who work directly with its clients. The average budgeted total compensation per professional for 2008 is $104,000. Each professional is budgeted to have 1,600 billable hours
Please provide your feedback to the case analyse below by using IRAC format. ALARM SYSTEM: Joe buys a $25,000 computer system for his office. He then hires an alarm company to install a security system, after advising the alarm company about the expensive computer system. A week later the security system is installed.
Elaine and Roy are registered nurses. They want to start a home health agency, taking referrals from physicians and providing health care to homebound patients. They plan to be in business for 10 years. Identify the reasons why incorporation is an effective idea for their business, the steps they must take to incorporate thei
What are the monetary damages available for breach of contract? What sort of remedies are available for breach of contract? Contractual capacity. The law generally presumes that people have the capacity to enter into contracts. However, certain classes of people do not have the legal capacity to contract. Who are they,