Often times, a company based in one country seeks out opportunities to do business with other companies based in other foreign nations. When a company decides to go this route, a myriad of potential problems must be addressed in initial contracts before further action takes place. The biggest issue with international business is legal jurisdiction. The two organizations must mutually agree upon which country will have jurisdiction and which local and international laws will be applied. Companies must also be mindful of the current political situation in the nation they intend to do business with. Often times, foreign countries operate on vastly different policies for their citizens and workers. These types of situations may often lead to civil unrest within that country, which in turn could have an extremely negative effect on business. These are the types of issues a company must consider before entering into a business agreement. Having these potential problems outlined in the contract, help provide guidance in the event any of these issues should arise. Depending on the type of business, the two companies may likely operate under some of the general international laws of business. When business issues conflict with the customs and laws of the local nation, the jurisdiction that was agreed upon in the contract has authority. In the example of CadMex, the company was faced with several difficult decisions. The country in which their partner business resided,…
when a government department is considering introducing a new law, it will put together a discussion document called a Green Paper. The aim of this document is to allow people both inside and outside Parliament to debate the subject and give the department feedback on its suggestions.
Green Papers are consultation documents produced by the Government. Often when a government department is considering introducing a new law, it will put together a discussion document called a Green Paper…
panel, not to exclude the judge referee first and foremost, without just cause or even still any solid proof beyond a shadow of a doubt to solidify the accusations of this court. I do understand the rights that anyone in this country is allowed by law and furthermore should be provided. However, for some reason, this does not occur in this specific court system under the gavel of the honorable. This is completely unlawful and unconstitutional and might I add a mockery of the judicial system that…
defense or evidence to disprove the plaintiffs assertion.
Equity = Fairness
Breach of Contract = Action of Law
Specific performance = action in equity
A decree (court ruling or official order) for specific performance is an equitable remedy (a relief given to an innocent party to enforce a right or compensate for the violation of a right (chart on p. 13—Action at law)
Example of cause of action:
Negligence (prove the prime facia elements)
February 11, 2011
Law and Business
Natural law is one of the oldest of its kind. The natural law theory believes that there is a higher law and it applies to all human beings and if a law is unjust then it does not have to be obeyed. Natural law is based on fairness and equity and this can easily relate back to the world of business. One major question that lies in international business is whether or not foreign employees should have the same protection…
Code or by another law” www. http://delcode.delaware.gov/title11/c002/index.shtml.com, The State of Deleware, Title 11, Crimes and Criminal Procedure, 7/12/2013. In order for something to be a crime it must be made a statutory offense by a law or a code that states a certain act is illegal. If you look at the term crime simplistically then you are saying that a crime is something that is wrong. These wrongs are defined by statute’s that define rights and wrongs. There is common law and there are statutes…
COMMON TRIAL OBJECTIONS
"Objection, your Honour, the question is ambiguous."
A question is ambiguous if:
It may be misunderstood by the witness. It is objectionable on the ground that it may take on more than one meaning.
“Objection, your Honour, the question is irrelevant”.
A question is irrelevant if:
This objection is properly made to exclude evidence which has no logical tendency to prove a fact in issue in the case.
"Objection, your Honour, the question mis-states the evidence…
State law can be preempted in one of two ways:
Congress evidences an intent to occupy a given field, any state law falling within that field is preempted
If congress has not entirely displaced state regulation over the matter in question, state law is still preempted to the extent
If fed govt enacts a law today dealing w immigration saying we want to occupy the entire field (only fed can rule law), law is preempted
If congress has not entirely displaced state regulation, state law is still…
have to include?
- Name/contact #
- Cause of action
4. What 3 things does plaintiff have to show for default judgment?
- defendant doesn’t show
- proof of service
- prima facia burden
5. What are 4 most common exceptions to free speech?
- False statements of facts
- Potential offensive sexual conduct
- Fighting words and offensive speech
6. What is Bill of Rights and why is it included in constitution? Name 10 specific individual…
worth 2 pts.
1. What is law? Briefly, list and describe the sources of business law.
Law is rules of conduct, defining rights and responsibilities (Chapter 1, pg. 2). Business law is the rules of conduct between buyers and sellers. There are several sources for business law.
A. Constitutional low refers to the ‘laws’ within the federal and state government. The laws are interpreted from the federal and state written constitution (Chapter 1, pg. 3).
B. Statutory laws are ‘statutes’ put forth…