ATALA
Business Law
Test #1
Summer Session 2
BLE-214
Prof. Linda Melconian
AndreaV.Atala
1
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Business Law - Test 1 - Business Ethics |, Exams of Business Ethics
Material Type: Exam; Class: Business Ethics; Subject: Business; University: Suffolk University; Term: Forever 1989;
Typology: Exams
2010/2011
1 / 6
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Business Law Test # Summer Session 2 BLE- Prof. Linda Melconian AndreaV.Atala
Sources of American law The law of United States consists of many forms the United States Constitution being the most important.
1. The sources of law in the American legal system include: Constitutional law-This is compiled in a formal document which defines broad powers. The Federal constitution law originates from the constitution of the United States. The state constitutional law on the other hand originates from state constitutions. Statutes and Ordinances-this is legislation passed on federal, state, or at local levels. Common law-It is based on priority, basically depending on how the courts have understood the law. The process of reaching at a decision entails gathering of facts about a specific case and comparing them to previous cases bearing similar details under common law. Common laws are mostly applicable at state levels. Administrative law-Applicable to federal, state and local levels. It is made by administrative agencies which define the objective of the legislative union responsible for passing the law. 2. Massachusetts law Under the Massachusetts law, an agreement aiming at modifying a contract does not require any consideration for it to be binding .The mediator’s decision is therefore binding. The mediator as a result arrives at a decision after weighing the options and deciding the way forward. The mediator does not base his or her decision on the superiority of one party but on what is best for the school management.
The equal protection clause calls for each state to equally protect all citizens within its jurisdiction. The US law guarantees that every person or group will be treated and protected fairly. The equal protection law is applicable to all people hence violation of that law is punishable. Cases involving sexual discrimination and abortion rights are applicable to this clause.
5. Interstate commerce Interstate commerce can be defined as the acquisition, sale or exchange of commodities between different states. Transportation of people, money or products as well as the navigation of waters is inclusive in the scope of the definition. This is regulated by the federal government. The federal government also bears the powers to control commerce within a state particularly if it involves interstate movements of goods or services. Andrew conducts business across the city hence his business is affected by the federal law; this is mostly because he transactions involved entail the movement of goods from one area to another. 6. White Collar criminals The common types of white collar c rimes include bank fraud, blackmail, bribery, tax evasion, extortion forgery among others. These crimes have serious negative implications in the social, economic and political sectors. In the recent past, there has been a considerable increase in the number of these crimes. Tough actions have been taken since criminals who commit this crime have evolved since they have become more sophisticated. There are calculating in performing this act hence they rarely get caught. The crimes have profound negative effects on individuals, communities, corporations and government agencies hence tough action has been taken on such crimes. Because the definition of white collar is corruption such as fraud,
embezzlement, things like the deregulation in the SEC resulted in the collapse of many financial firms the key word in this accountability.
7. Liability: Alex’s case Strict liability requires the injured party (Betty) to only prove that she was harmed so that she can collect her damages. This liability makes Alex to be legally responsible for harm and loss as a result of his action in spite of his ignorance. Betty is only required to prove that Alex made her to go at a loss due to hiss actions. Betty can prove that Alex knew about the outcome since he is a trained chemist. 8. Liability: Bob’s case Bob is faced with absolute liability. This is liability without fault. This will be imposed to him because his actions oppose those of the public even though his action was intentional. Bob will be held liable even tough he does not have a past history of negligence. There is no proof if Bob’s act was as a result of carelessness.