Explore BrainMass

Explore BrainMass

    Business Law

    BrainMass Solutions Available for Instant Download

    Business Law and Competition

    Jan opens a sandwich shop across the street from a sandwich shop run by Amy. Amy is disturbed by this competition, and she agrees to pay Jan $5000, in exchange for Jan's promise to quit her business and not to engage in a similar business within a ten-mile radius of Amy's business. Is this contract legal and enforceable? Why or

    Can Kenneth Lay be sued after death?

    I feel that we have to address the death, and its irony, of Kenneth Lay. Typically when a convicted felon dies before sentencing the crimes are set aside and he/she dies a "free" person, but what about all that money? Do people have the right to sue Lay's estate or should his family be allowed to keep the money? He borrowed o

    Legal and tax issues of LLC and its members

    1) If a member of LLC executes a personal guarantee for the debt of an LLC, which of the following is true. (A) The personal guarantee would result in personal liability of the member for any obligation of the LLC. (B) Because of the member's apparent authority, the personal guarantee would create liability for all other membe

    Employment Law: origins and growth of regulatory and case law

    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

    Legal Issues: Drunk Driving

    As the HR Manager of a regional moving company, it has come to your attention that one of your drivers, Joe Joker, was recently arrested for drunk driving while on personal business, and had his driver's license suspended. Joe has been with the company for 12 years and everyone likes him. You know that Joe has a large family and

    How the ADA improved the Civil Rights Act of 1964

    Several employment law statutes were enacted into law after the Civil Rights Act of 1964 (Title VII). Briefly describe the American with Disability Act (ADA) of 1990, and specifically how it improved upon the Civil Rights Act of 1964.

    Business Law- Fair Use of Copyrighted Material

    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

    Issue, Rule, Application, Conclusion: Meyer v. Henderson Construction Co.

    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

    Business Law: Why do we have regulatory agencies? Data privacy issues.

    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

    Analyze the probable success of a court proceeding about an easement for Al Jones

    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'

    Minimizing Contract Disputes and Litigation

    Consider the elements that form a contract. What steps should an organization take to ensure that the organization employees and agents follow the best practices with regard to creation and management of contracts, with a goal of minimizing contract disputes and litigation?

    Comments on a procurement or contract strategy plan that failed

    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.

    Income tax law: Sources

    One page summation of the US Congress sources of income tax law. Where is the US Congress sources located and what information the US Congress would provide to someone doing income tax research. Explain the rationale. Be sure to cite references, especially electronic URLs.

    Valid Contract of Kidney Replacement

    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

    Contracts as a Legal Document

    Explain how contracts can be used not just as a legal document but also as an asset in furthering the interests of the business by which you are employed. Be sure to give an example.

    Legal System Identification, Comparison, and Analysis of an Easement Memorandum

    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'

    FARAGHER v. CITY OF BOCA RATON Case brief

    Prepare a CASE BRIEF MEMORANDUM FORMAT for the opinion below. Attached is an example of the layout of this assignment FARAGHER v. CITY OF BOCA RATON 524 U.S. 775 JUSTICE SOUTER delivered the opinion of the Court. This case calls for identification of the circumstances under which an employer may be held liable under

    Legal Issues: Real Estate Purchase

    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

    application, transaction, immediately legal issues

    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

    Review of basic tax laws for partnership, C corporation and S corporation

    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

    Legal Evidence: reasonable, foreseeable and material; legal conflict

    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