Share
Explore BrainMass

Business Law

The Capacity Factors In Enlistment Contracts

What is your opinion: Do high school students lack capacity to enter into enlistment contracts? Side Note: Here's an interesting post from my learner, James Ferrang, last quarter: 4/6/20xx 9:59:26 PM Ma'am, yes, they lack the capacity (not an adult) to enter into enlistments. They used to allow minors (under 18) t

Auditing: Difference between direct indirect effect illegal acts

"Auditor's responsibility to uncover illegal acts depends on direct effect or indirect effect..." What is the difference between direct effect and indirect effect illegal acts? How do these acts differ from fraud? What is the auditor's responsibility in detecting and reporting these acts?

During an interview an auditor should pay attention to how

During an interview "an auditor should pay attention to how the person acts and respond to questions." What are some of the signs that auditors should be looking for? What actions and responses by the person being interviewed might indicate fraudulent behavior? Do you think the auditor is in the best position to identify the

Please discuss one or two of the following: (1) Bribes and kickbacks (2) Fines and penalties paid to a government for violation of law (3) Two-thirds of treble damages made to claimants resulting from violation of the antitrust law (4) For legal fees incurred in a trade or business to be deductible, what requirements need to be satisfied?

Please discuss one or two of the following: (1) Bribes and kickbacks (2) Fines and penalties paid to a government for violation of law (3) Two-thirds of treble damages made to claimants resulting from violation of the antitrust law (4) For legal fees incurred in a trade or business to be deductible, what requirements

Negotiating Contracts

-What is the relevance of the fact that the parties negotiated at length for the supply contract and both were represented by competent counsel? Would the result have been the same if AVX had been a much less sophisticated and powerful party who, perhaps, was not represented by counsel in the negotiations? -In light of the Ca

Employment Law: Greenawalt v. Indiana Department of Corrections

A research analyst for the Indiana Department of Corrections was told that she would have to submit to a psychological examination in order to keep her job. She took the exam, which lasted two hours and contained many questions related to details of her personal life. She sued, claiming that the test violated her constitutional

Personal Expense vs. Business Expense

Discuss the differences between a personal expense and a business expense and how they are treated in the tax law. Try to give examples with details.

Transfer of Partial Ownership of a Property to Bequai

YOU BE THE JUDGE EXERCISE Goldman was a woman in her 80s whose husband died after a long bout with Alzheimer's and Parkinson's diseases. For several years prior to her husband's death, Goldman had cared for him at home. During much of her husband's illness and for some years afterward, she was under the care of a psychiatrist

The Litigation Process, Negligence and Accountant Liability

Can anyone help me with these two questions please; I need a point of view. Read this case please: Derek Dirt operates a home-based business selling herbs and supplements. He receives samples frequently and is constantly discarding unwanted samples, as well as packaging, old files, and other junk on a back yard trash heap tha

Help finding relevant case law - Employment Discrimination

I need some help finding relevant case-law on a project. I need to find case law (both State and Federal), statutes (both State and Federal), and recent newspaper and journal articles relating to a fact pattern below. The state I need to find case law for is Missouri. In the end I (not you) will be writing a memorandum using

Affirmative Action and Wrongs of Discrimination

I need assistance answering the following questions with respect to ethical theories and practices...Kantian, Utilitarianism, etc. 1) What is the primary moral wrong committed by discrimination? (Support position with appeal to ethical/moral theory) 2) What are some primary moral justifications in favor of affirmative ac

Fair Labor Standards Act (FLSA), EEOC claim, HIPAA, COBRA

Under the Department of Labor's 'pay docking rule': Wages withheld for disciplinary purposes are not counted as compensation when determining compliance with minimum wage and overtime requirements. It violates the FLSA for employers to make deductions from the pay of salaried employees for partial day absences. Cert

Legal analysis of intellectual property law for a poem

A few years ago, you took an on-line creative writing class and wrote a poem to fulfill one of the class assignments. A portion of the assignment required that you post your poem to the discussion board so that your student colleagues could critique it. One year later, you are thumbing through your favorite Poetry Anthology Jour

Tax Law- Sources and Primacy

What are the sources primary sources of law in the United States, and what sources have more bearing (or primacy) in a court of law?

Employment Law/ Case Study

This unit includes a Case Study assignment. It is similar to the activities you have completed for your discussion board and subjective essays, but the deliverable (paper you submit) is more substantial. Your case study is based on a work scenario. For this scenario, pretend that you are an employee reporting to the the HR direc

Employment Law

A company terminated an employee and sent him notification of his COBRA rights via certified mail with return receipt requested. The former employee was out of the house on two occasions when the postal service attempted to deliver the letter. Tho postman left a note that he could pick it up at the post office. However, when he

Do Not Call List

Do you think the Do Not Call list is effective? Is National Do Not Call List a violation of right to commercial speech? Fun Products, Inc. is in the business of designing computer games. At the end of a particularly successful year, company management decided to throw a celebration party at which it would announce large bon

Consumer Information Center: Types of Contracts

Browse through the "Consumer Information Center". Discuss the types of contracts people make in everyday life. (Hint: Discuss something you learn from one of these websites: "Consumer Action Website" or the "Consumer Information Catalog" for info on consumer issues.) Please limit your comments to 300 words or less. NOTE: Try

Analyze the Scenario and Draft a Simple Contract

Analyze a Factual Scenario and Draft a Simple Contract The purpose of this project is for you to sharpen your skills for analyzing and evaluating a factual scenario, and then draft a simple contract based on that scenario. The Facts Clarice Daughtery has decided to sell her 1965 Corvette Stingray to Leonardo deCapo. Cla

Create a Fictitious Case Favoring the Defendant

Create a fictitious case favoring the defendant using the EEO law Title VII and provide a paper in which you incorporate the following: ? An outline of the burden of proof chronology, clearly indicating where the organization is not legally defensible ? A discussion of the strengths and weaknesses of the case you developed

Cases of violations of Religious Rights of Employees

Using the Library or other Web resources, identify and describe a case in which an employer's activities were restricted due to religious rights of employees. Be sure to explain how the U.S. Equal Employment Opportunity Commission's criteria for religious discrimination applies to the case.

Employee Workplace Rights & Privacy Mandated by U.S. Federal Law

1. What are the employee workplace rights mandated by U.S. Federal law? 2. Briefly discuss at least two controversial issues concerning workplace rights (other than monitoring email). Provide real-life examples to illustrate your answer. 3. In addition, discuss the issue of workplace privacy. Specifically, do employees hav

Discrimination and Regulatory Agencies

1. Select a discrimination case in the workplace that you are aware of, or refer to an example from the text or from your research. Identify the legal issues that are involved with the claim that discrimination does or does not exist. What are the legal considerations that affect either the business or the individual claiming di

Tyco v. Kozlowski

In the Tyco v. Dennis Kozlowski, we can see how Mr. Kozlowski considered of the world's best managers is accused of stealing millions of dollars from the corporation that trusted him with their business. Mr. Kozlowski gave himself millions of dollars in unauthorized bonuses, gave millions of dollars to other employees in unautho

Employment Law: Medical Care

Contact the Human Resources manager at your company, division, or another company. If you are in the military, make a cold call to a civilian company. Explain that you are a student in the Employment Law class. Ask the manager to summarize a situation he/she has encountered regarding FMLA, national origin, or sexual orientation

Employment Law

The ADA creates a protected class called "qualified individuals with disabilities." Discuss what this phrase means and how one qualifies for protection.