Business law

  • Uncategorized

BUSINESS LAW

Chapter one

According toMiller R. &amp Meinzinger M. (2013), a law is a set ofregulations provided and implemented by the government. It containscommonality in aspects of violation, penalty, rule, enforcementurgency or statutes. Primary sources of American laws areprecedents from delivered judgments common laws, United StatesConstitution, various states laws, Senate enactments and those byother administrative agencies.

Common lawsarise from the English colonization of America. They are lawsthat are passed in consistency with the decision of cases by judges.The Common law operates on a doctrine referred to as stare decisisbased on things priory decided. One aspect of the common law is abinding authority which Miller R. &amp Meinzinger M. (2013) defineas any source of law which a court must follow in deliveringjudgments. Another aspect is persuasive precedents encompassingdecisions set as laws in previous similar cases from otherjurisdictions.

The federalform of government is a form of systemic exercise of authoritywhere power is divided between the national and state government andthe two have connections. Branches of government are thelegislature, executive and, judiciary. The Executive has lawimplementation powers. Over the Legislature, it has veto power, ableto call vital Congress proceedings, veto power and, can recommendlegislation. The president also appoints Supreme Court and federaljudges. The judiciary poses powers of law interpretation. Judges areappointed for life hence free from the executive. The judiciary alsodecides if acts of the legislature are unconstitutional.

Bill of Rightsis a list of fundamental rights and freedoms contained in a stateconstitution. It provides constitutional rights, privileges andfundamental freedom to individuals and business. The fourteenthamendment expounds that states shall not abridge some nationalrights, immunities and, privileges. It also gives conditions toreadmit recently defeated states which held slave as well as givingthe power to implement Amendment by the federal government (Lash K.,2014).

Anadministrative agency is an official government body having theauthority to direct the implementation of given legislative acts.

Bindingauthority is any source of law evaluated by a judge in deciding acase. In business, it is an agreement sought between a managing agentand a cover holder.

Civil lawis the system of state laws dealing with ordinary private casesdifferent from those covering criminal, military or politicalmatters.

Criminal lawdefines acts of crime and states enforcement procedures.

Cyber lawis a set of technological rules governing the internet, cyberspace.

Commerceclause is provided in the United States Constitution, giving theCongress powers to regulate commercial relationship with foreigncountries or states.

Due processclause is enshrined in the Fifth and the Fourteenth Amendment tothe United States Constitution stipulating that no person is deprivedof his life, property, or liberty without following due process oflaw.

Equalprotection clause stipulates the states not to deny any personfound within its jurisdiction equality of protection of its laws.

Chapter Two

  1. Before hearing a case, the court must have jurisdiction over the complainant and the defendant or the property involved in the lawsuit. The court must also have jurisdiction over the matter brought before it (Cross B. &amp Miller R., 2014).

In the standing, the plaintiff must mention injury in a given way inthe past or expected. They must also explain the causations showingconnections between the injury and the defendant’s actions orplanned actions, and show addressability in that the court can handlethe matter in some way.

  1. Alternative dispute resolution is the procedure for dispute settlement outside the court. It can take the form of mediation guided by a neutral third party, reconciliation, and arbitration.

  2. Tort law provides relief to the injured person for any damages as contained in in the injury law. It serves to give individuals the rights to monetary award as fair compensation for the damages suffered. Personal privacy, dignity, reputation, and family relations are interests commonly protected by tort laws (Miller R &amp Cross B., 2014).

  3. Negligent torts are conducts that fall below legally acceptable standards of caring to protect others from harm while intentional torts are conducts to cause injury with malice or deliberately. For example, when a boss assaults a junior worker over job differences, it becomes an intentional tort. Similarly, when a media house publishes a defamatory piece on another media entity’s operation, it becomes a libel.

  1. Diversity of citizenship exists when the complainant and defendant in a lawsuit come from different states or foreign country.

  2. Question of fact is an issue considered as a fact, never of law, tried on the basis of the strength of evidence before a jury.

  3. Question of law is a point of law answerable through the application of legal principles.

  4. Litigation is an action brought before the court, prompting its action to prosecute or defend.

  5. Damage is a loss caused either through negligence or intentional by a person on another causing direct injury or property or image.

  6. Defenses are evidence, reasoning or facts offered in a lawsuit by the defendant to deter the plaintiff from recovering what he seeks.

  7. Fraudulent misinterpretation is a provision in contract law enabling the plaintiff to recover against a defendant of representation that was known to be false.

  8. Duty of care is contained in tort laws requiring individuals to be careful in actions towards others or public not to cause injury through negligence.

Reference

Miller R. &amp Meinzinger M. (2013), Paralegal Today: TheEssentials, Cengage Learning,

Lash K. (2014), The Fourteenth Amendment and the Privileges andImmunities of American Citizenship, Cambridge University Press,Apr 7, 2014 – Law – 326 pages

Miller, R. L. R., &amp Cross, F. B. (2013).&nbspThe legalenvironment today: Business in its ethical, regulatory, e-commerce,and global setting. Mason, Ohio: South-Western Cengage Learning.

Business Law.

  • Uncategorized

BusinessLaw.

Student’sname:

Instructor’s name:

Course title:

Breaker Morant.

Competition has taken the world of business today, and for oneto survive and remain relevant, you have to be smart and employ thebest strategies. Businesses have tried their best to marketthemselves to reach out not only to the locals but also oninternational levels. For an enterprise to dominate a certain market,they need to work on various aspects that make them earn theloyalties of their customers extending beyond their borders. Anyorganization that does not keep up with the current competition willknock out of the market and will not enjoy any share as the strongfirms will have dominated it.

Companies are working day and night to gain control over thecompetitive market, and each is doing their best to remainoutstanding. However, all these strategies come with a cost.Businesses have invested a lot of money in making sure that theyremain strong. Marketing of the products has been the main area wheremost companies have invested in, so as to attract many customers.Being unique in the world of business is a very important thing asthe customers will always want to try the alternatives since they gettired of the same thing they are used to. Providing your customerswith unique products will increase your sales and give you anadvantage over your competitors. Investing in the workforce, andproduct diversification and differentiation will incur some cost, butin the long run, the benefits gained from these activities outweighthe disadvantages (Scott, 2012).

Decision making is very important as it predicts the future andsuccess or failure of the business. When making any decisions, it isbetter to consider various factors that directly or indirectly affectthe organization. One should not make decisions blindly but shouldconsider the consequences that will arise from their actions.

The aspect of dominance and competition is seen in the movie“Breaker Morant” whereby the theme of imperialism is depicted. Itis an Australian war movie where each party is interested indominating the other. The war broke out, and each side is fighting tooutshine the other. Competition here is evident. However, the Boers`guerrilla tactics have left the British unable to finish a war theyhave effectively won. British army fought very hard to defeat theBoers and take control of the land. British here represent thebusinesses that work very hard and gain the control of the market,and this makes them enjoy the biggest market share compared to theother businesses.

Lieutenant Hancock, an original Australian fighting in theBritish army shows the uniqueness and the identity, by hisoutstanding personality as clearly shown via his tale of the place hewas when his fellow men shot Reverend. He was very far from thescene. He represents the idea of being unique in the business andmaking the wise decisions when it comes to critical issues. Althoughthe soldiers who killed the Reverend accepted their crime, they stillinsisted that they followed the rule from their lords. The judgment,therefore, becomes harder to pass since there are contradictingaspects that require scrutiny before making it the last. By the endof the movie, it is clear that judgment did prevail.

Every business is surrounded by ethics that guides it and makeit run smoothly (Bartels, 2013). There are ethical norms involved inthis movie whereby war crime has been committed by the armies whilethey were in their service. Although they accepted having committed acrime, they are, however, being defended by Major J.F. Thomas, whoargues out that war changes the nature of men. He says that thebarbaric actions of war are done by men who are normal but inabnormal situations. He adds that the men also did it in theirself-defense, and therefore, they should not be charged with any ofthe committed offense. The three armies involved in the crime werefound guilty and were charged.

The principle of making the right decision should be appliedin any business to make sure that the organization meets the demandsand needs of the market. Since the managers make most of thedecisions in a firm, it is, therefore, very important to take intoconsideration the decisions one makes as each will affect theorganization,be it positively or negatively. Thisprinciple is clearly shown whereby the lieutenant gave the order tohis army to kill, but he did not see the implications that actionswould bring to his army. He knew very well killing was immoral, buthe went ahead to give the same orders. This resulted in the lifesentence of the individuals were involved in the action. The conceptof decision making is also evident where Lord Kitchener decides tolet the three men jailed so that he can get peace conference, whichwill help him gain the power to control of South Africa.

The movie shows various leadership skills that are veryimportant to the success of any venture. The business environment isvery dynamic, and leaders need these skills to cope up with it. Beingmindful of your workers will show appreciation and minding theirwelfare. This will raise the morale of the workers and make them lovebeing in the organization and become more productive than before.Every firm should invest in human resource strategy to be able tostand a better chance in negotiating terms with their employees andbake sure they provide the best for them to push the business to thenext level (Tyson, 2015). In the movie, although it was immoral,Major Thomas is defending his men saying that all they did was due tothe pressure they were subjected to during the war. He did not leavethem to be charged without a fight. He tried to negotiate it forthem, but at last, they were found guilty and jailed for a life term.

The movie has helped me to relate the course to the real worldand view things in a wider manner. All the activities shown in thismovie were all practical and are similar to the ones taking place inthe real business environment. I have been able to grasp variousapplicable aspects that are most important to the business arena, andthat will help me be a better entrepreneur in future.

The Legend of Bagger Vance

To be effective and successful in any the business, employeesare very essential, and their contribution matters. The employees,therefore, need to be properly set in body, mind and, spirit for themto perform as expected by the organization. The welfare of theworkers, therefore, is very important to consider for any business toprosper and remain competitive in the environment. The three aspectsgo together and in case one of them is disturbed, the employee willnot perform as expected and will be less efficient in their work. Thecost of operation will highly depend on the output created by theworkforce present. For a business to remain operational at a lowcost, it, therefore, needs to invest a lot in the workforce and bemindful of their affairs to boost their morale and ensure that theyare well represented. According to (Bryan, 2014), the brain of theperson is the greatest asset one has, and when maintained at a highlevel of clarity and function, it will provide you with theefficiency in all aspects of life you take part in.

In every business, each employee has the different capabilityto handle tasks. Each person is perfect in different sections, andthe organization should be able to recognize this and put such peopleat their respective places. This will make them perform best in theirpreferred place rather than be in a place they are not conversantwith. The management should also encourage and support their workersin every manner like social issues and help them overcome them.

The movie is related to the course in that the performance of theemployees determines the productivity of the business and more so thecost of production. Therefore, the workforce should be taken care ofto ensure that their body, mind, and spirit is not disturbed. This isseen when Rannulph Junnah, a professional golfer quits golfing aftercoming from the war due to the trauma he gets. He used to performvery well in golf, but he decides to indulge in other activities likedrinking. His mind and spirit were disturbed, and he is not able toperform like before.

In this movie the ethical issue involved was the act of HardyGreaves, who helped Junnah to get back to his previous life of golfplaying. He helped him to stop drinking and gave him all the reasonsto go back to golf. Hardy stopped at nothing to see Junnah playingthe golf again, and it is through his continuous efforts that madehim return to golfing.

At one time or another, the workers in a company get spiritualproblems, and they fail to deliver as the company expected of them.It is the responsibility of the organization to step in and offer asolution to such situations and help the workers to get back to theirnormal life. Organizations should offer counselling sessions to theirworkers and encourage them to share what they experience whileoutside or working in the business. This is seen when Bagger Vanceappears to Junnah`s rescue the time he needed him most. Baggerdepicted as the angel sent through someone else stays with Junnahuntil he can do things on his own. Bagger gave Junnah someone to puthis faith in so that he can overcome all the things he was goingthrough.

This movie relates very well to my course as it clearlypictures how the workers should be handled they experience anydifficulties whether in their line of duty or not. Employers shouldsupport them to get back to their normal life and continue with theirwork. The movie is very practical as each person can experience thesesituations since they affect the body,mind, and spirit which in turnwill affect the cost and production of the business.

Reference.

Bartels,Robert. 2013. Ethics in business.Columbus: Bureau of BusinessResearch, College of Commerce and Administration, Ohio StateUniversity

Bryan.W. 2014. Brain and Mind Psychology: Brainscience, mindfulness &amppsychology for optimal lives. Retrieved from:http://www.brainandmindpsychology.com/

Scott, Chaunda L., and Marilyn Y. Byrd. 2012. Handbook of researchon workforce diversity in a global society: technologies andconcepts.Hershey, PA: Business Science Reference.

Tyson, Shaun. 2015. Human resource strategy: towards a generaltheory of human resource management.London: Pitman Publishing.

Close Menu