Top PDF Advanced Business Law and the Legal Environment

Advanced Business Law and the Legal Environment

Advanced Business Law and the Legal Environment

functioned (with some differences) much like they did in colonial times. The big difference after 1789 was that state courts coexisted with federal courts. Federalism was the system devised by the nation’s founders in which power is shared between states and the federal government. This sharing requires a division of labor between the states and the federal government. It is Article III of the US Constitution that spells out the respective spheres of authority (jurisdiction) between state and federal courts. Take a close look at Article III of the Constitution. (You can find a printable copy of the Constitution at http://www.findlaw.com.) Article III makes clear that federal courts are courts of limited power or jurisdiction. Notice that the only kinds of cases federal courts are authorized to deal with have strong federal connections. For example, federal courts have jurisdiction when a federal law is being used by the plaintiff or prosecutor (a “federal question” case) or the case arises “in admiralty” (meaning that the problem arose not on land but on sea, beyond the territorial jurisdiction of any state, or in navigable waters within the United States). Implied in this list is the clear notion that states would continue to have their own laws, interpreted by their own courts, and that federal courts were needed only where the issues raised by the parties had a clear federal connection. The exception to this is diversity jurisdiction,
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The Canadian Leasing Environment: An Overview For US Professionals (Business And Legal)

The Canadian Leasing Environment: An Overview For US Professionals (Business And Legal)

The easiest way to enter the Canadian market would be to transact business from the US headquarters and not to establish operations in Canada. This strategy would result in the lowest transaction costs and have the least legal ramifications, as US law would apply to a particular transaction with the exception of those areas which must be governed pursuant to local law. The most typical exception is the ROC’s equivalent of the Uniform Commercial Code’s (the “UCC”) Article 9, being the Personal Property Security Act (the “PPSA”), personal property security legislation across the provinces. Many provisions of the PPSA cannot be contracted out of, and knowledge of this law is essential. As will be discussed below, the PPSA is modeled on the UCC’s Article 9.
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Law, Business Strategy, And Social Change In The Global Environment

Law, Business Strategy, And Social Change In The Global Environment

Attempts to reduce the negative impact of corporate activities on social and human rights have faced many challenges. According to McCorquodale (2009), efforts to curb TNC human rights violations often fail due to suspicious oversight by foreign governments. Human rights advocates recently accused the Zambian government of poorly enforcing labor laws and mining regulations to solicit foreign direct investment from Chinese copper mining companies (Human Rights Watch, 2012). Similarly, Australian-based BHP Corporation reportedly wielded such a strong influence over the government of Papua New Guinea through the enactment of laws to protect the company from legal liability (McCorquodale, 2009). As noted by Aguirre (2011, p. 125), this dilemma forced the international community to ask, “How can responsibility be extended to hundreds of thousands of TNCs if states and are increasingly unwilling and unable to regulate them?”
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LEGAL MARKETING & BUSINESS DEVELOPMENT

LEGAL MARKETING & BUSINESS DEVELOPMENT

Being a specialist in particular areas (whether it is an area of law, an industry sector, geography or other “market”) is a great place to be. Specialists can build strong reputations. A strong reputation allows you to charge premium rates, be better able to judge the market and its developments to attract better assignments. When you are well-known you are also able to attract the best people. A strategy that is going to allow your practice to survive in the current environment will have a strong element of specialisation in it.

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Business And Its Legal Environment

Business And Its Legal Environment

The rule of law additionally shields businesses from government. Since everybody is liable to the tenet of law, this implies government itself may not overextend it's achieve when controlling or examining organizations. Government must play by the tenets, as well. For instance, envision that our administration could do anything, with no cutoff points or jurisdictional restrictions. Without a rule of law framework, individuals would need to correct fulfillment for the wrongs submitted against them all alone. They would need to physically ensure their own particular property. This would prompt a breakdown in social structure, and it would bring about vigilante equity and physical quality assuming essential parts in dispute resolution.
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Government Regulation and the Legal Environment of Business

Government Regulation and the Legal Environment of Business

Anyone who has watched an actual televised trial or a television melodrama featuring a trial scene will appreciate the nature of the trial itself: witnesses are asked questions about a number of issues that may or may not be related, the opposing lawyer will frequently object to the question or the form in which it is asked, and the jury may be sent from the room while the lawyers argue at the bench before the judge. After direct testimony of each witness is over, the opposing lawyer may conduct cross-examination. This is a crucial constitutional right; in criminal cases it is preserved in the Constitution’s Sixth Amendment (the right to confront one’s accusers in open court). The formal rules of direct testimony are then relaxed, and the cross-examiner may probe the witness more informally, asking questions that may not seem immediately relevant. This is when the opposing attorney may become harsh, casting doubt on a witness’s credibility, trying to trip her up and show that the answers she gave are false or not to be trusted. This use of cross-examination, along with the requirement that the witness must respond to questions that are at all relevant to the questions raised by the case, distinguishes common-law courts from those of
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College of Business: College of Hospitality: College of Arts and Sciences: LAW 205 The Legal Environment of Business (SS)

College of Business: College of Hospitality: College of Arts and Sciences: LAW 205 The Legal Environment of Business (SS)

This course is designed to introduce students to the scope and methods of international studies. Topics of transnational significance, especially those which reveal the similarities and differences of the world’s societies and cultures will be considered. Given the interdisciplinary nature of the program issues of world geography, society, economy, environment and politics will be examined from different cultural and theoretical perspectives.

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The Legal and Ethical Environment of Business

The Legal and Ethical Environment of Business

One of the most sacrosanct rules of professional responsibility is the obligation to keep a client’s secrets. The communications between a client and his or her attorney are absolutely confidential under the attorney-client privilege doctrine. There are many privileges under the law, such as the spousal privilege , doctor-patient privilege , and priest-penitent privilege . The attorney-client privilege, however, is arguably the strongest of these privileges. The privilege belongs to the client, and the attorney is not permitted to reveal any of these communications without the client’s consent. A narrow exception exists for clients who tell their lawyers they intend to harm others or themselves, but attorneys must tread very carefully to avoid violating the privilege. Many members of the public feel that the privilege may be open to abuse and can’t understand, for example, why an attorney can’t reveal a client’s confession to a heinous crime. Ultimately, the privilege exists for the client’s benefit. Someone who cannot communicate with his or her attorney freely is unable to help the attorney prepare the best possible case for litigation. You should note that in-house attorneys represent the corporations they work for and not individual employees. If you communicate with an in-house attorney for the company where you work, for example, that communication may not be
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Foundations of Business Law and Legal Environment

Foundations of Business Law and Legal Environment

complaint if you can show that his behavior gives you a cause of action based on some part of your state’s contract law. This case would give you a cause of action under the law of most states; unless Harold Hill had some legal excuse recognized by the applicable state’s contract law—such as his legal incompetence, his being less than eighteen years of age, his being drunk at the time the agreement was made, or his claim that the instruments were trumpets rather than trombones or that they were delivered too late to be of use to him—you could expect to recover some compensation for his breaching of your agreement with him. An old saying in the law is that the law does not deal in trifles, or unimportant issues (in Latin, de minimis non curat lex). Not every wrong you may suffer in life will be a cause to bring a court action. If you are stood up for a Saturday night date and feel embarrassed or humiliated, you cannot recover anything in a court of law in the United States, as there is no cause of action (no basis in the positive law) that you can use in your complaint. If you are engaged to be married and your spouse-to-be bolts from the wedding ceremony, there are some states that do provide a legal basis on which to bring a lawsuit. “Breach of promise to marry” is recognized in several states, but most states have abolished this cause of action, either by judicial decision or by legislation. Whether a runaway bride or groom gives rise to a valid cause of action in the courts depends on whether the state courts still recognize and enforce this now-
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Business Law and the Legal Environment

Business Law and the Legal Environment

complaint if you can show that his behavior gives you a cause of action based on some part of your state’s contract law. This case would give you a cause of action under the law of most states; unless Harold Hill had some legal excuse recognized by the applicable state’s contract law—such as his legal incompetence, his being less than eighteen years of age, his being drunk at the time the agreement was made, or his claim that the instruments were trumpets rather than trombones or that they were delivered too late to be of use to him—you could expect to recover some compensation for his breaching of your agreement with him. An old saying in the law is that the law does not deal in trifles, or unimportant issues (in Latin, de minimis non curat lex). Not every wrong you may suffer in life will be a cause to bring a court action. If you are stood up for a Saturday night date and feel embarrassed or humiliated, you cannot recover anything in a court of law in the United States, as there is no cause of action (no basis in the positive law) that you can use in your complaint. If you are engaged to be married and your spouse-to-be bolts from the wedding ceremony, there are some states that do provide a legal basis on which to bring a lawsuit. “Breach of promise to marry” is recognized in several states, but most states have abolished this cause of action, either by judicial decision or by legislation. Whether a runaway bride or groom gives rise to a valid cause of action in the courts depends on whether the state courts still recognize and enforce this now-
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Vanderbilt University Law School Public Law and Legal Theory

Vanderbilt University Law School Public Law and Legal Theory

Judicial review, despite some claims to the contrary, is not judicial supremacy. Courts are the final arbiter of the Constitution only to the extent that they hold a law unconstitutional, and even then only because they act last in time, not because their will is supreme. The branches are co-equal when it comes to constitutional interpretation, but all three branches must agree that a law (or other government action) is constitutionally permissible for it to be valid. If Congress believes that a proposed law is unconstitutional it will choose not to enact that law, and no other branch can override Congress’s decision. If the President believes that a proposed law is unconstitutional he will veto it, and his view can be overridden only with difficulty (and only by the legislative branch). Judicial review simply ensures that the judiciary has the same opportunity as the other two branches to prevent the government from acting unconstitutionally. Moreover, if the Supreme Court finds something to be constitutional, that holding is not binding on the other branches, as the history of the Bank of the United States shows: Despite the Court’s unequivocal holding in McCulloch v. Maryland that the Bank was constitutional, the popular branches continued to spar over the question, and ultimately the Bank’s charter was discontinued. 1
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Place of Internet-law in the Law System and the System of Legal Sciences

Place of Internet-law in the Law System and the System of Legal Sciences

Це зумовлено конкретними причинами: по-перше, інтернет-право вивчає сукупність норм, що регулюють не просто ін- формаційні відносини в якомусь од- ному суспільстві, а від[r]

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WESTLAW BUSINESS BUSINESS LAW IN PRACTICE

WESTLAW BUSINESS BUSINESS LAW IN PRACTICE

• Combined view of ‘33 and ‘34 Act materials through Navigator Events • Checklists and models provide guidance for disclosure processes • Consolidated results from multiple sources of filings, guidance, and law • Enhanced document display with integrated table of contents linked to

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Customary law and legal pluralism in the Roman Empire: The status of peregrine law in Egypt: Customary law and legal pluralism in the Roman Empire

Customary law and legal pluralism in the Roman Empire: The status of peregrine law in Egypt: Customary law and legal pluralism in the Roman Empire

laws, granting remedies in cases not foreseen by the legislator: so, notably, regarding leges Aquilia, Laetoria, Aebutia. Programmatic, in this sense, Iul. 15. dig. D. 1.3.12: ‘Non possunt omnes singillatim aut legibus aut senatus consultis comprehendi: sed cum in aliqua causa sententia eorum manifesta est, is qui iurisdictioni praeest ad similia procedere atque ita ius dicere debet.’ – ‘All matters cannot be specifically included in the laws or decrees of the Senate; but when their sense is clear in a given case, he who has jurisdiction can apply it to others that are similar, and in this way administer justice’. Cf. also Ulp. 1 aed. cur. D. 1.3.13: Nam, ut ait Pedius, quotiens lege aliquid unum vel alterum introductum est, bona occasio est cetera, quae tendunt ad eandem utilitatem, vel interpretatione vel certe iuris - dictione suppleri. – ‘For, as Pedius says, whenever anything has been introduced by law there is a good opportunity for extending it by interpretation or jurisdiction to other mat - ters, where the same principle is involved’.
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Advanced Personal Injury Law

Advanced Personal Injury Law

from your firm or agency. Contact Legal Education Sales Consultant Laura Angle of TexasBarSolutions at 512-250-5575 or langle@texasbar.com. State Bar Policy §7.03.06 Allows Some Judges To Attend for Free provided (1) the course is directly related to their tribunal’s jurisdiction, (2) they are full-time judges or judges retired under the Texas Judicial Retirement System and (3) space is available for all paying registrants. This privilege does not extend to receivers, trustees, court staff, or persons serving part-time in any judicial capacity. NOTE: Judges must actually attend to receive course materials. Parking Information for Attendees Not Staying at the Hotel
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Advanced Insurance Law Course

Advanced Insurance Law Course

Registered But Can’t Attend? Still Earn MCLE Credit and receive course materials by (1) calling 800-204-2222, x1574 to transfer your registration to a later presentation or (2) taking the course online later, in which case you’ll automatically be sent the course materials. If you wish a refund instead, mail or fax (512-427-4443) your request so that we receive it at least one business day before the program.

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ADVANCED LAW OFFICE MANAGEMENT

ADVANCED LAW OFFICE MANAGEMENT

This course is divided into three modules; each of which is designed to be taken for one full day of the course. They are; Legal Market Place, which consists of those people that comprise the law office and the personnel relationships both within the firm and external to it; The Legal Management Skills, which are the skills dealing with the basic functions of the law office including fees, timekeeping, billing and financial management; Corporate Governance and Secretarial Practice, which broadly refers to the mechanisms, processes and relations by which corporations are controlled and directed with emphasis on the roles and functions of the legal practitioners in achieving the overall corporate objectives.
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Legal Positivism, Natural Law and the Constitution

Legal Positivism, Natural Law and the Constitution

This is fully consistent with Costello’s account of the Irish constitutional position. Costello accepts (on the basis of Natural Law thinking) that law must be promulgated by a person in authority. Positive law must be positively made. However, Costello is equivocal on whether – for Irish lawyers – Natural Law gains its positive authority from the positive provisions of the Irish legal order or from its own status as a higher law. At times, he speaks of Natural Law rights gaining their validity from Natural Law which is superior to positive law. If this is the case, Natural Law is superior regardless of what positive law says. At other times, however, he places heavy emphasis on the positive provisions of the Irish Constitution. If this is the case, Natural Law’s authority derives from the positive legal system itself. (This is also the approach taken by Walsh.) Three aspects of Costello’s article support this reading of his views: first, his apparent endorsement of the traditional judicial role combined with his assertion that the courts are careful to ask what rights does the Constitution intend to protect rather than what rights does man have. Second, his repeated references to the textual authorisation for the natural rights doctrine. Third, his conclusion that – because judges are lawyers not philosophers – they must accept the natural rights doctrine “if indeed it is a correct construction of the Constitution that this theory of law has been adopted by it.”
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Non-legal sources of insurance law

Non-legal sources of insurance law

According to the business customs in insurance, activities should include, inter alia: the Code of Ethics in the insurance business, which determines the rules of conduct of insurers – Members of the League of Insurance Organizations of Ukraine; reservations of the Institute of London Underwriters for certain types of insurance, which are used in the aviation and marine insurance, cargo insurance at; basic terms of cargo insurance, prepared by the Institute of London Underwrit- ers (which was founded in 1848) in accordance with international law, etc . Analysis of Ukrainian legislation on insurance suggests that one of the most im- portant factors in the development of insurance law and insurance, considering its high socio – economic value for the normal existence of the economy, is the forma- tion and development of the regulatory framework, which would correspond to the content and purpose of this segment of the economy and to provide for the interests of all participants of insurance relations.
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Legal Matters - Conditions of Contract Law

Legal Matters - Conditions of Contract Law

Unless the law stipulates a shorter term of lapse or preclusion, all claims against the lawyer shall lapse, unless the client has claimed them in court within six months (in the event that the client is an entrepreneur) or within one year (in the event that the client is not an entrepreneur) as of the date at which the client becomes aware of the damage and the damaging party, or of the incident that otherwise gives rise to a claim, but at the latest after the expiry of three years as of the conduct (infringement) causing the damage (giving rise to a claim).

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