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Business Law and the Legal Environment

Business Law and the Legal Environment

Delaware). The smaller ones feared a loss of sovereignty if they could be outvoted by the larger ones, so the federal legislature was constructed to guarantee two Senate seats for every state, no matter how small. The Senate was also given great responsibility in ratifying treaties and judicial nominations. The net effect of this today is that senators from a very small number of states can block treaties and other important legislation. The power of small states is also magnified by the Senate’s cloture rule, which currently requires sixty out of one hundred senators to vote to bring a bill to the floor for an up-or-down vote. Because the Constitution often speaks in general terms (with broad phrases such as “due process” and “equal protection”), reasonable people have disagreed as to how those terms apply in specific cases. The United States is unique among industrialized democracies in having a Supreme Court that reserves for itself that exclusive power to interpret what the Constitution means. The famous case of Marbury v. Madison began that tradition in 1803, when the Supreme Court had marginal importance in the new republic. The decision in Bush v. Gore, decided in December of 2000, illustrates the power of the court to shape our destiny as a nation. In that case, the court overturned a ruling by the Florida Supreme Court regarding the way to proceed on a recount of the Florida vote for the presidency. The court’s ruling was purportedly based on the “equal protection of the laws” provision in the Fourteenth Amendment. From Marbury to the present day, the Supreme Court has articulated the view that the US Constitution sets the framework for all other US laws, whether statutory or judicially created. Thus any statute (or portion thereof) or legal ruling (judicial or administrative) in conflict with the Constitution is not enforceable. And as the Bush v. Gore decision indicates, the states are not entirely free to do what they might choose; their own sovereignty is limited by their union with the other states in a federal sovereign. If the Supreme Court makes a “bad decision” as to what the Constitution means, it is not easily
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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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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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Corporate Law and Legal Determinacy

Corporate Law and Legal Determinacy

Corporate Law and Governance from 1992–2004? A Retrospective on Some Key Developments, 153 U. P A . L. R EV . 1399, 1412 (2005) (asserting that Delaware law ―is indeterminate and that this indeterminacy is good‖). Fisch, supra note 19, at 1081, concludes that Delaware law is ―largely . . . indeterminate‖ but argues that this quality allows Delaware to be particularly responsive to developments in the business world. A similar position is taken by William Bratton. He acknowledges that Delaware law is indeterminate. William W. Bratton, Delaware Law as Applied Public Choice Theory: Bill Cary and the Basic Course after Twenty-Five Years, 34 G A . L. R EV . 447, 467 (2000). However, while conceding that indeterminacy may theoretically make Delaware‘s law less valuable to firms, id. at 470, he is quick to point out that the benefits of a less standard- based approach may not be ―sufficient to justify a change of direction,‖ id. at 472. Myron T. Steele & J.W. Verret, Delaware's Guidance: Ensuring Equity for the Modern Witenagemot, 2 V A . L. & B US . R EV . 189, 193 (2007), concede that the standards used in Delaware law ―are not exact.‖ However, they stress that the Delaware Court of Chancery has to balance the need for legal certainty with the need for flexibility. Id. at 192.
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Legal law and principles in the credit in banking

Legal law and principles in the credit in banking

The principle of prudence is one principle that emphasizes that banks in carrying out business activities both in the collection especially in the distribution of funds to the public must be very careful. The purpose of this precautionary principle is that the bank is always in a healthy state to run its business properly and comply with the provisions and legal norms that apply in the world of banking. The precautionary principle is contained in Article 2 and Article 29 paragraph (2) of Law No. 10 of 1998, as follows. Article 2 of Law No. 10 of 1998 reads: "Indonesian Banking in carrying out its business based on economic democracy by using the principle of prudence '9 Article 29 paragraph (2) of Law No. 10 of 1998 reads: "Banks are required to maintain the soundness of banks in accordance with the provisions of capital adequacy, asset quality, management quality, liquidity, profitability, solvability and other aspects related to bank business, and are obliged to conduct business activities in accordance with the principle of prudence" ( Sentosa Sembiring, 2012: 323).
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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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Faculty of Business, Law and the Built Environment Managing Investments Mr. Mike Coulburn

Faculty of Business, Law and the Built Environment Managing Investments Mr. Mike Coulburn

(DePamphilis 2003 pp457-458) During ratio analysis it is important to understand the fluctuations in the ratios and the causes. The trends must be compared with the industry to reveal macro or micro causes. Profitability and activity ratios can tell so much about characteristics of the business, such as competition, market opportunities and how mature the market is. If there is slack in the industry enhancing management and planning better marketing techniques may get things better but these kinds of opportunities has to be considered with other departments such as marketing.

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Global business, local law: the Indian legal system as a communal resource in foreign investment relations

Global business, local law: the Indian legal system as a communal resource in foreign investment relations

civil remedies. Environmental harms have recently been considered under the Act, but the status of international environmental law under the ATCA remains somewhat precarious. In the UK, attempts by foreign nationals to sue UK parent companies or their foreign subsidiaries in UK courts have faced enormous and sometimes unpredictable jurisdictional challenges (see muchlinski, 2007; Perry- Kessaris, 2007; mank, 2007). The territorial constraints on legislative jurisdiction ensure that assistance from the regulatory authorities of home states is rarely forthcoming. For example, when a UK-based environmental group complained to the UK department of Trade and Industry about the environmental damage threatened by a port project involving UK investment in the dahanu region of maharastra, it was met with a shrug (Perez, 2002, pp. 19–20). The chances of such an institution offering a solution to an Indian civil society actor must be impossibly remote.
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LEGAL MARKETING & BUSINESS DEVELOPMENT

LEGAL MARKETING & BUSINESS DEVELOPMENT

Many markets are over-lawyered, there is a backlash against paying lawyers simply by the hour, and a combination of greater competition and more educated customers means many law firms are facing fees going down rather than up. If your law firm is to survive and even thrive in such a market, it is not a question of simply running a quick marketing campaign, or rushing to put lots of pages on social media. Not to say these things aren’t useful, but the first thing needed is a strategy – after all, it is much easier to hit your target if you know what you are aiming at.

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If you are planning on doing business in Puerto Rico, knowledge of the investment environment and information on the legal, accounting and taxation

If you are planning on doing business in Puerto Rico, knowledge of the investment environment and information on the legal, accounting and taxation

All businesses are required to pay a license tax based on gross revenues generated. The tax rate varies depending on the municipality but ranges from .002 to .005 in the case of non-financial businesses. For financial business the tax rate ranges from 1% to 1.50%. The return and the tax (if a 5% discount is taken) are due on or before five working days after April 15 of every year. Up to six months of extension are available but only to file the return. If the business decides not to take advantage of the 5% discount, then the full amount of the tax is payable in two installments: July 1 and January 1.
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WESTLAW BUSINESS BUSINESS LAW IN PRACTICE

WESTLAW BUSINESS BUSINESS LAW IN PRACTICE

Legal Due Diligence Reports deliver an instant overview of a potential counter- party or acquisition target in just minutes – professionally formatted and ready to use at your next meeting. Each report is generated as requested, so information is as current as Westlaw Business itself.

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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)

In Canadian documentation attorneys are referred to as “lawyers” and the legal process for awarding costs in a trial differs from the US. In a Canadian lawsuit, typically, subject to the discretion of the Court, the loser is responsible to pay a portion of the winner’s costs – this is referred to as “cost following the event.” Costs are awarded on two different scales: either pursuant to a “partial indemnity costs” or a “substantial indemnity costs” basis. The former is lower than the latter and rarely does the cost award cover all costs incurred. Often, security agreements will be amended to incorporate these concepts. These concepts tend to make the parties less litigious. In relation to trial costs it should be noted that jury trials for commercial matters do not exist in Canada. A waiver of jury trial provision in a security or lease agreement is meaningless except where litigation is brought outside Canada.
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LEGAL SERVICES HUDKINS LAW PLLC

LEGAL SERVICES HUDKINS LAW PLLC

Estate planning is especially important for small business owners. A proper estate plan can ensure that your business continues to run smoothly following your incapacity or passing. If your goal is not for the business to continue, or if it will continue without the involvement of your loved ones, a proper estate plan can ensure that your loved ones will be fairly compensated.

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Business And Its Legal Environment

Business And Its Legal Environment

The tenet of law gives direction and course in each territory of business. For instance, it gives a way to convey a grumbling against another gathering to an unbiased chief so that a choice can be made with respect to the question. On account of our principle of law framework, we realize that we are allowed to document a protestation in the correct court to start litigation. On the other hand we can attempt an option strategy for question determination in the event that we don't wish to take part in prosecution.

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Legal or business personality of the commercial companies according to business law in Kosovo

Legal or business personality of the commercial companies according to business law in Kosovo

taken as exist respectively treated as a legal person. As a result of reaction to the fiction theory follows organic theory represented by the English philosopher Spencer and the German lawyer Girka. According to them, as well as a legal entity natural person is social reality. They consider that the bodies of the legal person are existing, living, that within the legal relations appear based on what their activity is also considered to have the ability of their own doing. The next theory that has made serious steps in determining the meaning of a legal nature is the theory of interest represented by Jeringovi. According to her, some legal entity is not subject to the law and they are only its members or users who enjoy "legal interests provided" to the legal person. The rationale of this approach is based on the fact that a person is found neither enjoy nor feel or to create work settings. German and Austrian theorists Vindshajd especially Brink, contrary to the theory of interest, their thoughts try to argue with that property, rights and obligations of a subject with quality entity, in no way represent the users of it (the theory of permanent real goals). Therefore, the property of a legal person does not exist for the purposes of users or members but it exists because of the scope on the basis of which is a legal person established by statute. Author Planiol French has formulated the theory of collective assets under which the legal person is considered a separate species of this collective property, holders of which are its members, ie its users [6]. According to some authors Ehrenzweig, Kohler, Kelsen, Colin, Capitana, etc, the legislator has the opportunity to announce any lineup legal person if at a given moment is considered necessary for the user and for the legal order. According to the theory of social reality, represented by the French theorists Mishu and later Saleilles, the legal entity is a reality, the creation of the society which ensures the interest of a certain group of people. This theory is largely accepted by the authors Russian Agarkova, Genki, Bartus and Veneiktov who, in addition to what is said on the theory above, stated that the reality of the social creatures should be added to the conditions and character class which has been strongly entrenched the belief of socialist system [7]. 3. The meaning and nature of the legal entity according to modern concepts
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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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Legal Environment of Business - Scope and Sequence - Unit 1 - 6

Legal Environment of Business - Scope and Sequence - Unit 1 - 6

ELACC9-10SL1: Initiate and participate effectively in a range of collaborative discussions (one-on- one, in groups, and teacher-led) with diverse partners on grades 9–10 topics, text[r]

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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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bpif legal BPIF LEGAL Your guide through the maze of business law

bpif legal BPIF LEGAL Your guide through the maze of business law

BPIF Legal only does work for BPIF members. Its lawyers have worked for the BPIF for up to 13 years, are very familiar with the industry and understand the need for commercial advice geared to your business. Whilst the final decision is always yours, we will ensure you receive robust, practical advice.

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