The relationship between an entity and it employees gives rise to an ever growing body of law that has been titled Employment Law. Law today emanates from common law which is generally represented in case law, and from statutory law and regulations, which is generally the creation of legislative bodies. Employment Law by a
In A & M Records, Inc. v Napster, Inc., the Ninth Circuit Court of Appeal determined that Napster, Inc.'s MusicShare software which allowed users to make MP3 music files stored on individual computer hard drives available for copying, search, and transfer by other Napster users, did not result in "fair use" of the copyrighted ma
Explanation of case Meyer v. Henderson Construction Co. using IRAC (Issue, Rule, Application, Conclusion) Case: Meyers was under contract with Henderson to install overhead doors in a factory that Henderson was building. Meyers obtained the disassembled doors from the manufacturer. His contract with Henderson required Meyers
1.Why do we have regulatory agencies? Why does a business person need to know who his major regulators are? Name one at the federal level that impacts business communications and briefly describe its functions and impact on business communications. 2.Data privacy has come under increased regulatory scrutiny. Comment on the
Business Communications Law 1. What is the definition of press censorship? How does the First Amendment provide for protection against it? 2. Data privacy has come under increased regulatory scrutiny. Comment on the differences between self-regulated and regulated aspects of this topic and how a business person must cons
Looking for information or web site on a company where the procurement or contract strategy plan was inadequate and the project they were working on failed. What issues led to the failure, what are some details about the project and 1-2 suggestions to avoid failure for the future.
In 1999, you enter a contract to clone one of your kidneys for a future replacement of one of your own kidneys. You are an adult at the time the contract is signed. The contract includes language preserving the cloned kidney until you need it, if you need it. It also includes language wherein both parties agree there are ce
Can you give me a summary of what a contact is.
Give a quick summary of the 5 elements of a contract and why they are so important.
Your team is working as a legal team in a mid-size law firm. Your supervisor, a partner in the firm, has been approached by Mr. Al Jones, a land developer and very important client, with the following legal situation: Mr. Jones's projects include some of the largest residential subdivisions within the City. While Mr. Jones'
During its summer maintenance shutdown, Damien Universal Metal Products cleaned the sludge from its chrome plating tanks
During its summer maintenance shutdown, Damien Universal Metal Products cleaned the sludge from its chrome plating tanks. (Cyanide is a by-product of the chrome plating process.) Lucy Furr, Damien's operations manager, contacts Sierra Waste Management to pick up the sludge but is shocked at their price quote. "Proper disposal
Each of the following questions presents one or more legal issues. In your answers, state each legal issue succinctly, state the pertinent rule of law and explain how the rule applies. If a case from the textbook or other course materials is relevant, cite it and explain its application to the problem. 4. Jack and Jill
Each of the following questions presents one or more legal issues. In your answers, state each legal issue succinctly, state the pertinent rule of law and explain how the rule applies. If a case from the textbook or other course materials is relevant, cite it and explain its application to the problem. Steve wanted to bu
In preparation for meetings with each of your other assigned clients, you want to provide them with written information regarding the tax laws governing their respective form of business. Review the basic tax laws of a partnership, C corporation, and S corporation to write a discussion paper that presents the basic tax laws g
1. Before you undertake a legal battle, you will want to project, along with your counsel, what your chances of winning will be. You can enhance your chances by understanding how the law relates to business. Discuss how you can assist your counsel in your industry in gathering and preserving valid and reliable evidence that will
I am having a hard time interpreting the meaning of the attached information. See attached file. The law is replete with terms of art such as "reasonable, foreseeable, and material." Therein lies both a problem and an opportunity for the risk manager. That is, it is clear that when an incident occurs, there is a keen
In 1896, the U.S. Supreme Court decided the case of Plessy v. Ferguson. In that case, the state of Louisiana had a law that provided for separate but equal accommodations for African American and white railway passengers. An African American passenger challenged the state law. The Supreme Court held that the "separate but equal"
Please see the attached case. Ex-lawyer sues casinos over gambling compulsion By MarketWatch Last update: 5:35 a.m. EDT March 9, 2008 TEL AVIV (MarketWatch) - A former lawyer and media commentator who lost nearly $1 million from gambling is claiming in a lawsuit that the casinos at which she played had a duty to notice
Peter Pasta works in the R&D Department of Setonia Co. of North Burgundy, NJ as a staff engineer. Setonia has recently developed a brand new product which combines the best features of a Blackberry, IPod and IPhone. Setonia's management decides not to seek patent protection for their new product they call Purple-Plum-Phone or P
Harry and David were partners in a small mortgage business. Harry provided the financing, and David did the administrative work. Harry was pursuing a secret love affair with David's wife, Susan. David suffered from a serious heart condition. Harry took out a $2,000,000 insurance policy on David's life with Galaxy Life Insurance
A gift is effective if three conditions are met. The donor must intend to make a gift, the gift must be delivered to the donee and the donee must accept the gift. Victor Gruen owned a valuable painting by Gustav Klimt. He wrote his son Michael a letter on Michael's twenty-first birthday. He said, "I want to give you the K
John and Judy had concluded that their differences were irreconcilable, so they decided to end their twelve-year marriage amicably. There were no children, so they agreed to convert all their assets to cash and split the proceeds down the middle. The judge decided to waive counseling and mediation and granted the divorce decre
I'm working on a paper about legal issues in workforce reduction. Sorry for the last minute but I need help with the key concepts of employment law that would affect his or her employment status, and cite the text as appropriate Further I need to explain whether there are any extenuating regulatory circumstances (e.g., exception
David Booze and Henry Allen are business school classmates who found jobs in Jersey City at competing investment firms after graduation. Booze became an investment banking analyst in the Mergers & Acquisitions department at Sacks of Gold & Co. and Allen became a sell-side trader at Bull Market Capital, Inc. Booze and Allen dev
In re Hiram's Herd Hiram's dairy farm was growing by leaps and bounds. On July 10, he entered into an agreement with his neighbors, Hazel and Herschel, who had decided to retire from farming. He bought their entire herd of two hundred Holsteins for a substantial cash down payment and a $200,000 promissory note, payable in
For Super Bowl XXX, the Tip-Top Bar and Grill pulled out all the stops. Beer was just a dollar, sandwiches were free and there was an opportunity to win $10,000 with a $100 bet on a ten by ten prize grid. Ben pulled a card from the board - NFL 3, AFL 0. He realized he only had $95 in his pocket, so he wrote a check for $100,
1. Roughly a half-hour after Breakable Rental Furniture and Appliances, Inc. personnel delivered the chest of drawers she had rented, Goma File found a purse in one of the drawers. The purse contained $200 in cash. Is the purse (including its contents) lost, mislaid, or abandoned property? What would File's rights be under each
Will SOX lead to a more effective control system at most publicly traded US companies? Why or why not? If SOX had been in effect, would it have prevented the meltdowns at Enron, Tyco and Worldcom, for example? Why or why not?
If you were an officer, director, and/or shareholder of a small corporation, what are some examples of steps you would take to minimize the risk of having the corporate veil pierced for your business?
What types of agency relationships do you come across at work, and how do they affect your business? What lessons can you extract from agency law to avoid or lessen the risk of legal liability?