Top PDF The Legal and Ethical Environment of Business

The Legal and Ethical Environment of Business

The Legal and Ethical Environment of Business

Additionally, concerns about fairness do not end at contract formation. If a dispute arises and mandatory arbitration is commenced, the unequal power between parties will continue to be an important issue. In the case between a credit card company and an average consumer debtor, the credit card company would clearly be in a more powerful position vis-à-vis the debtor by virtue of the company’s financial strength and all that comes with it, such as experienced attorneys on staff, dispute-resolution experience, and contractual terms that favor it, rather than the consumer debtor. In such cases, if the consumer debtor is the aggrieved party, he may very well decide to drop the matter, especially if the arbitration clause requires arbitration proceedings to occur in a distant city. The credit card company will have vast financial resources as compared to the consumer debtor. Moreover, in this example the credit card company’s legal counsel will know how to navigate the arbitration process and will have experience in dispute resolution, processes that often confound people who are not trained in law. Additionally, the list of arbitrators may include people who are dependent on repeat business from the credit card company for their own livelihoods, thereby creating—or at least suggesting—an inherent conflict of interest. Many mandatory arbitration clauses create binding awards on one party while reserving the right to bring a claim in court to the other party. That is, a mandatory arbitration clause may allow the credit card company to appeal an arbitrator’s award but to render an award binding on the consumer debtor. Obviously, this would allow the credit card company to appeal an unfavorable ruling, while requiring the consumer debtor to abide by an arbitrator’s unfavorable ruling. To a consumer debtor, the arbitration experience can seem like a game played on the credit card company’s home court—daunting, feckless, and
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Business And Its Legal Environment

Business And Its Legal Environment

The legal environment sets up tenets that individuals and organizations must take after to abstain from being punished. The legitimate environment not just permits individuals to comprehend what is anticipated from them in their own abilities additionally puts forward standards for organizations so that they, as well, recognize what is anticipated from them in their dealings and exchanges. What's more, it limits government and others from encroaching on property rights. The standard of law gives direction and course in each zone of business. As a result of law framework, we realize that we are allowed to document a protestation in the best possible court to initiate litigation. The legal environment also governs contracts between employee and between businesses. Under the legal environment, main factors of a contract must exist for the contract to be enforceable.
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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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Government Regulation and the Legal Environment of Business

Government Regulation and the Legal Environment of Business

those candidates. Fearing the influence of money on politics, Congress has from time to time placed limitations on corporate contributions to political campaigns. But the Supreme Court has had mixed reactions over time. Initially, the court recognized the First Amendment right of a corporation to donate money, subject to certain limits. [2] In another case, Austin v. Michigan Chamber of Commerce (1990), the Michigan Campaign Finance Act prohibited corporations from using treasury money for independent expenditures to support or oppose candidates in elections for state offices. But a corporation could make such expenditures if it set up an independent fund designated solely for political purposes. The law was passed on the assumption that “the unique legal and economic characteristics of corporations necessitate some regulation of their political expenditures to avoid corruption or the appearance of corruption.” The Michigan Chamber of Commerce wanted to support a candidate for Michigan’s House of Representatives by using general funds to sponsor a newspaper advertisement and argued that as a nonprofit organization, it was not really like a business firm. The court disagreed and upheld the Michigan law. Justice Marshall found that the chamber was akin to a business group, given its activities, linkages with community business leaders, and high percentage of members (over 75 percent) that were business corporations. Furthermore, Justice Marshall found that the statute was narrowly crafted and
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Foundations of Business Law and Legal Environment

Foundations of Business Law and Legal Environment

coupled with a counterclaim against the plaintiff. (In effect, the defendant becomes the plaintiff for the claims she has against the original plaintiff.) The plaintiff may reply to any counterclaim by the defendant. State and federal rules of civil procedure require that the complaint must state the nature of the plaintiff’s claim, the jurisdiction of the court, and the nature of the relief that is being asked for (usually an award of money, but sometimes an injunction, or a declaration of legal rights). In an answer, the defendant will often deny all the allegations of the complaint or will admit to certain of its allegations and deny others. A complaint and subsequent pleadings are usually quite general and give little detail. Cases can be decided on the pleadings alone in the following situations: (1) If the defendant fails to answer the complaint, the court can enter a default judgment, awarding the plaintiff what he seeks. (2) The defendant can move to dismiss the complaint on the grounds that the plaintiff failed to “state a claim on which relief can be granted,” or on the basis that there is no subject matter jurisdiction for the court chosen by the plaintiff, or on the basis that there is no personal jurisdiction over the defendant. The defendant is saying, in effect, that even if all the plaintiff’s allegations are true, they do not amount to a legal claim that can be heard by the court. For example, a claim that the defendant induced a woman to stop dating the plaintiff (a so- called alienation of affections cause of action) is no longer actionable in US state courts, and any court will dismiss the complaint without any further proceedings. (This type of dismissal is occasionally still called a demurrer.)
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Advanced Business Law and the Legal Environment

Advanced Business Law and the Legal Environment

Figure 2.1 "Corporate Legal Structure", though somewhat oversimplified, shows the basic legal structure of a corporation under Delaware law and the laws of most other states in the United States. Shareholders elect directors, who then hire officers to manage the company. From this structure, some very basic realities follow. Because the directors of a corporation do not meet that often, it’s possible for the officers hired (top management, or the “C-suite”) to be selective of what the board knows about, and directors are not always ready and able to provide the oversight that the shareholders would like. Nor does the law require officers to be shareholders, so that officers’ motivations may not align with the best interests of the company. This is the “agency problem” often discussed in corporate governance: how to get officers and other top management to align their own interests with those of the shareholders. For example, a CEO might trade insider information to the detriment of the company’s shareholders. Even board members are susceptible to misalignment of interets; for example, board members might resist hostile takeover bids because they would likely lose their perks (short for perquisites) as directors, even though the tender offer would benefit stockholders. Among other attempted realignments, the use of stock options was an
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Ethical and Legal Perspective of Software Piracy and Business Effects on the Illegal Use of Peer to Peer Systems Architecture

Ethical and Legal Perspective of Software Piracy and Business Effects on the Illegal Use of Peer to Peer Systems Architecture

The researcher would like to know if there are changes in attitude from the older generation up to the millennials. Several studies conducted regarding software piracy since the 1980s. Christoph, Forcht, and Bilbrey published a study in 1987 and concluded that prior computer knowledge made no significant difference in their attitudes toward piracy [3]. Cohen and Cornwell also replicated the study by Christoph et al. last 1989 and added additional questions asking respondents whether they had engaged in software piracy and whether they consider it legal. [4]
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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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Business Law and the Legal Environment

Business Law and the Legal Environment

Sometimes damage is done to an individual or business because the government has given out erroneous information. For example, suppose that Charles, a bewildered, disabled navy employee, is receiving a federal disability annuity. Under the regulations, he would lose his pension if he took a job that paid him in each of two succeeding years more than 80 percent of what he earned in his old navy job. A few years later, Congress changed the law, making him ineligible if he earned more than 80 percent in anyone year. For many years, Charles earned considerably less than the ceiling amount. But then one year he got the opportunity to make some extra money. Not wishing to lose his pension, he called an employee relations specialist in the US Navy and asked how much he could earn and still keep his pension. The specialist gave him erroneous information over the telephone and then sent him an out-of-date form that said Charles could safely take on the extra work. Unfortunately, as it turned out, Charles did exceed the salary limit, and so the government cut off his pension during the time he earned too much. Charles sues to recover his lost pension. He argues that he relied to his detriment on false information supplied by the navy and that in fairness the government should be estopped from denying his claim.
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Managing Ethical Risks and Crises: Beyond Legal Compliance

Managing Ethical Risks and Crises: Beyond Legal Compliance

One important precautionary practice in risk management for larger organizations is thinking small, using small scale struc- turing. UPS, for example, has been reorganized to resemble a group of family firms, with a flatter structure, each with its own independence, and autonomy in decision-making. This illu- strates the strategy of dividing up a large business into a series of small businesses, to get the advantages of both structures. There are, then, within each individual self-regulated unit, greater chances for organizing and monitoring their own beha- vior and decision-making, but all units work toward the same goals and with the same purpose. (Putnam & Feldstein, 2003)
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Legal and ethical issues of employee monitoring

Legal and ethical issues of employee monitoring

Maintaining a safe and efficient workplace requires organizations to keep a watchful eye on employee activities, which could pose harm to others or create liability for the company. One way for a company to maintain efficiency and lower liability is for the employer to monitor its employees. Monitoring, however, is only the first step. Employees must be educated about monitoring so that they can understand the lack of privacy that currently exists at work. Employees need to be educated to understand how technology works, to understand capabilities and limitations. Employers who monitor must be responsible and reasonable. Employers must explain to workers what they monitor. There must be a disciplinary plan to punish employees for computer-usage policy violations. As the law slowly catches up with technology, many questions remain. Privacy advocates will likely continue to push for reforms that would offer greater protection for employees. If history is any judge, these efforts will likely fail. It is likely that laws will grant organizations and even the government additional permission to monitor more facets of every citizen’s daily life, inside and outside of the workplace. Organizations will need actively to train employees to correct the problems and misperceptions that currently exist with employee computer usage. If a business must monitor the activities of their employees to create a safe work environment, then so be it. Although some people and organizations believe that employee monitoring is wrong or unethical, there is a clear need for such practice. Employee monitoring is here to stay. The status of employee monitoring may change if laws tailor to the always-changing computer technology - but employee monitoring will not go away.
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Ethical and legal observations on contract cheating services as an agreement

Ethical and legal observations on contract cheating services as an agreement

(2017) point out that lawsuits on contract cheating cannot be more successful either in coping with contract cheating. This is to say that after expelling a student due to con- tract cheating to which he/she confessed, the university did not always have the stand- ing to sue the provider of contract cheating services. In such cases, the prosecutor ’ s office is able to defend the public interest. For example, in Lithuania, the contract cheating was seen as a violation of purely ethical standards, for which only academic sanctions could be imposed (such as a prohibition on defending the final paper, a nega- tive evaluation of it, or even a student ’ s expulsion from a university), but such actions have not been deemed to be a legal violation for which legal sanctions are applicable. The writing of a work and consulting were considered to be legitimate economic activ- ities. In practice, the prosecutor’s office usually reasons that the scale of purported harm is of low priority, has no immediate gain (Draper et al., 2017) and is unworthy of public expenditure (Dickerson, 2007); therefore, the prosecutor ’ s office finds no pur- pose in taking any action against the enterprise. Furthermore, in Lithuania, when estab- lishing a private legal entity there is no requirement to indicate economic activities to be carried out in the constitution, i.e. activities are not listed in accordance with the classification of economic activities. As a result, a company set up for the purpose of performing activities related to writing services can be registered, unless it publicly de- clared such operations, which would not look very credible. Still, after establishing that a company delivers contract cheating services, the public prosecutor as guardian of the public interest could initiate the liquidation of such a business. Although there are few legal norms related to academic integrity, they can play a key role in harnessing con- tract cheating services. However, giving a character to contract cheating services as a violation of ethical, not legal norms is undeveloped. This is to say that law enforcement institutions and academic institutions are disproportionally empowered in fighting against contract cheating.
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Ethical Issues in Business

Ethical Issues in Business

An increasing number of companies also require employees to attend seminars regarding business conduct, which often include discussion of the company‟s policies, specific case studies, and legal requirement. Some companies even require their employees to sign agreements starting that they will abide by the company‟s rule of conduct. Many companies are assessing the environmental factors that can lead employees to engage in unethical conduct. A competitive business environment may call for unethical behavior. Lying has become expected in fields such as trading. An example of this are the issue surrounding the unethical actions of the Saloman Brothers.
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Egg donation compensation: ethical and legal challenges

Egg donation compensation: ethical and legal challenges

It is in response to arguments that payment to donors commodifies their eggs and calls for regulatory oversight that those active in the fertility industry emphasize that they are not in the business of purchasing eggs. They prefer use of the term donation to characterize gamete provision. This position is echoed in the nearly universal pronounce- ment that any recompense for egg donation is designed to meet only the financial and nonfinancial costs accrued by the provider, specifically for her lost wages, transportation costs, discomfort, time, inconvenience, and effort and is unrelated to the number of oocytes retrieved for donation, as purchase of individual oocytes would be in violation of laws against the sale of certain bodily products such as organs. 5,23 This rationale for recompense of oocyte donors
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LEGAL AND ETHICAL ISSUES IN THE DYNAMIC MARKETING ENVIRONMENT

LEGAL AND ETHICAL ISSUES IN THE DYNAMIC MARKETING ENVIRONMENT

Ethical issues in marketing have received substantial discussion in the past decade. The ethical principles has been utilized exclusively by marketing practitioners but when it comes to actual decision making we see very less evidence in regards to the adoption of ethical principles. One of the areas where it applies to a larger extent is Ambush marketing which is an effort by a company to relate its own brand to a sponsored activity without acquiring official rights. Doust (1997) proposes that "the degree to which a company agrees to "back off a bit' will to a large extent be determined by its own code of ethics, and by whether that company views ambush marketing practices as unethical or simply good business sense”. There would always be gray areas existing in the business environment but it would be the companies call to take the right course of action which would be as per the interest of the consumers and maintain the integrity of the business.
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Ethical and legal issues

Ethical and legal issues

Jensen is part-owner of two case management franchises, doing business as ALARIS, located in Michigan and in the Southwest (covering Utah, Nevada and Alaska). ALARIS provides case management for workers' compensation files, auto injuries and geriatric clients. In addition, she is a tenured nursing associate professor at Grand Valley State University in Grand Rapids, Mich. and teaches medical surgical nursing in the undergraduate program as well as health policy at the graduate level. Jensen is a member of CMSA, Brain Injury Association and MENSA. and serves as secretary on the Commission's Executive Committee.
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Supervising Offshore Outsourcing of Legal Services in a Global Environment: Re-examining Current Ethical Standards

Supervising Offshore Outsourcing of Legal Services in a Global Environment: Re-examining Current Ethical Standards

At the same time, the legal profession has been taking a fresh look at the way technological advances and globalization are likely to reshape the way law firms function and the corresponding ethical responsibilities of lawyers associated in the firm. New ways of outsourcing legal work through the Internet and other technologies are being explored, including offshoring and multi-sourcing strategies that go beyond support services and paraprofessional assistance. Emerging technologies by outsourcers and other entrepreneurs are expected to be capable of providing pieces of legal work that compete with and, in some cases, may replace traditional work of lawyers. The classic law firm business model is being challenged. Firms are under increasing pressure to reduce internal costs of performing routine legal services not only in the current economic downturn but also as a means of surviving in the long term. Recent developments abroad allowing certain forms of outside investment in law firms are also predicted to have a dramatic effect on organizational and management strategies of law firms in the United States. On a broader front, the ABA has launched Ethics 20/20 to study how law practice is being transformed by technology and the regulation of the legal profession in the context of globalization. The newly formed commission will review the Model Rules, including provisions in the ―5‖ series 3 that address law firm operations to determine what changes need to be made.
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BUSINESS ETHICS AND ETHICAL DILEMMA

BUSINESS ETHICS AND ETHICAL DILEMMA

The ethical value of the products, its branded approach and its effectiveness proceeds towards evaluating its value. The value and ethics helps in improvement in environment to increase life long term gain. Assessment of external environment by scanning, monitoring, intelligence, forecasting the macro environment for quality of the product. The brand and its loyalty depends upon cost and gain effectiveness. The loyalty of person effect the commitment and brand management. The real gain effect the person’s cost effectiveness and real cost effect the gain effectiveness. The ethical practices encourage the real flow of good deeds and the dilemma effect the gain and expenditure .Business and society helps to evaluate situation you have to make choice between alternatives like product combines two contradictory features or qualities to cope –up with ethical dilemma in business. .The basic steps in ethical decision making process go through normal decision making keeping in mind the policies ,regulations ,principles for right, good or fair decision. The situation with significant value conflicts among different interest. In ethical dilemma , right versus right , truth versus loyalty, individual versus community, short term versus long term, justice versus mercy. In economic terms, savings versus evasion in business -end based, care based or rule based thinking for ethical decision.
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Legal and Ethical Considerations for Speech- Language Pathologists

Legal and Ethical Considerations for Speech- Language Pathologists

This year’s conference examines the legal and ethical dilemmas faced by speech- language pathologists. There have been ongoing concerns in our field regarding due process, billing issues, productivity pressures, and when to treat or discharge from treatment without compromising our professional ethics. When is enough, enough?

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