Legal Environment of Business

The difference between statutory law and common law is that statutory law is a written law where common laws are based on any prior court decisions and are legal binding. For statutory laws the government, state, and local agencies issue written statutes and regulations which eventually become part of statutory law, as for common law it is prior case decisions and rulings that are followed unless a judge finds a big difference in the between the previous case and current case.

Mary McDonald, an 86-year-old woman, was frequently complaining about the high cost of maintenance of her house and high property taxes. She decided to cancel her fire insurance to reduce expenses. Mary’s daughter was aware of her mother’s concern about the property, and she took Mary to the lawyer’s office to sign some papers that would protect her mother. When Mary came to the lawyer’s office, she was advised that the paper she was going to sign was the deed to the property. Mary signed a document. Later on, when the municipal tax bill arrived, Mary McDonald was really surprised to see that the property was in her daughter’s name.

10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.

40. Principle of Law: In this case, Esposito hired Excel Construction Company to repair a porch roof. All terms of the agreement were specified in a written contract. And the dispute occurred when Excel had repaired the rear porch roof because in the agreement failed to specify whether it was the front or rear porch that needed repair. Under civil law, two parties here had signed a civil contract in writing. Because the contract failed to specify clearly front or rear porch roof, Excel completed its obligation and didn’t break the contract.

A dealer sold a new car to Raymond Smith. The sales contract contained language expressly disclaiming liability for personal injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car.

There is a literal conflict between the state and the federal measures, so that it is impossible to follow both simultaneously.

Consider issues raised by the article involving the complexity of litigation and the make-up of juries.  What is the nature of some of the complex lawsuits at issue today? Do you believe that our current jury system is sufficient to handle emerging complex issues?

Most powerful of all is the Council of Ministers which deliberates in secret and until recently was not legally obliged to listen to the EP’s decisions. While indirectly accountable to voters, the link is too tenuous and the mode of interaction too technocratic to satisfy most observers. It also appears unreasonable that the deliberations of the Parliament must be public whereas the Council remains secretive. The European Council only meets every six months, largely as confirmation of decisions made elsewhere, but McCormick remarks upon its remarkable potential power: “It can in effect set the agenda for the Commission, override decisions reached by the Council of Ministers and largely ignore Parliament.”

The council of ministers- This is the European Union’s main decision making body, it is composed of ministers from the National governments of each of the member states, and meets in Brussels or Luxembourg to agree legislation and policy.

Adult Americans conduct agreements in the form of contracts. The legalities prior to the agreement are typically where we get into trouble and seek advice from friends or family members. What must be fulfilled for a contract to be valid? According to (Patterson) the following is necessary: It must be based on mutual agreement by the parties to do or not to do a specific thing (2013).

Alumina Incorporation is an USA-based $4 billion alumni maker. It operates in eight countries around the world with the USA counting for seventy percents of its sales. Situated in the fringes of Lake Dira in the state of Erehwon, Alumina Inc. has business interests in automotive components and manufacture of packaging materials, bauxite mining, etc. Alumina Inc. falls under the jurisdiction of region six of the EPA.

The European Government has legislative, supervisory, and budgetary responsibilities. It has a large impact on European Union citizens and their public services. There are 751 members, who represent 28 member states of the EU. From the UK there are 73 members who represent our country and its ideas. Sharing power with the council, the European government can make and change legislative proposals; they can also decide on the EU’s budget and communicates with the EU countries. The MEP’s are elected by voters from all Member States every five years. The European government effects us as they create laws and policies, such as, The European arrest warrant (EAW) this means that you can be arrested anywhere in the EU for more severe crimes committed, and transferred to another EU country for trial. This increases the speed of the process of the handover of a criminal to another member state. Also, communication between police forces from member states is easier because of the EU, this is important to ensure fair and just treatment as

An Analysis of the Powers of the European Parliament History of the European Parliament: On the 18th April 1951 the Ministers representing France, Germany, Italy, Belgium, Holland and Luxembourg signed in Paris a treaty which established the European Coal and Steel Community, the ECSC was born. The most important feature of the ECSC was its supranational character, it was a supranational organization. It was aptly described as a 'quasi federation in an important economic sector.[1] The Community was endowed with five organs; 1. An executive, called the High Authority 2.

Mrs. Turner has decided to start her own business running a private day nursery. It is

The European Commission is the Executive (governmental) body of the EU, initiating legislative proposals and also managing the EU’s budget (Europa, 2007). Each commission operates for a five-year period, with meetings taking place in Brussels every Wednesday. The Commission consists of a President of the Commission and twenty-eight commissioners (some vice presidents). Employees of the Commission are organised according to department (Directorates-General) and answer to a Commissioner. The Commission exists in order to represent the interests of the whole of the EU (thus arguably the whole of Europe), as opposed to individual Member States. The Commission represents the EU on a global basis and is the main participant in negotiations in areas such as trade. The appointment of Commissioners is the responsibility of the Parliament, with all having previously assumed senior positions in politics in their own country, usually within its national government. Proposals are drafted by the senior civil servant (Director-General. A proposal may be adopted if more than half of the Commissioners decide to adopt it. Once agreed, all Commissioners must give their unconditional support – similar to the collective responsibility held by the Scottish executives and the UK. The Commission works closely with both