Principles Of Business Law By Robert W. Emerson Essay

1. Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing, but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer.

1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.

case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.

3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.

Businesses should make it imperative that its officers, directors and employees act at all times in an honest and ethical manner in connection with their service to that particular company. The principles of integrity and accountability are the cornerstone of that companies' success. This code of business conduct and ethics sets basic principles to guide all employees, officers, and directors of that particular company. All of the personnel and directors of that business should conduct themselves accordingly to avoid in fact and the appearance of improper behavior. Ethical business conduct calls for all companies and their personnel to assume responsibility for safeguarding and preserving that company's assets and resources in the

The United States of America is known as the land of the free and home of the brave. Americans are privileged to live in a society where there are laws created and continuously enforced to ensure the protection of the citizens’ rights. Law-breakers have consequences and punished for their wrongdoings and not obeying the law. The government is expected and challenged to practice equality in all decisions that are made. President Abraham Lincoln paved the way towards ending racial segregation by signing the Emancipation Proclamation, which stated, “All men are created equal”. Unfortunately, it did not read, “All people are created equal”. Many

Business Law is a very important subject, course and topic which students need to learn before entering the practical world. Kenneth Clarkson writes the Business Law college textbook with focusing on comprehensive, authoritative and friendly ways of learning. The strong student orientation by the textbook increases a student’s interest in learning laws and cases. Additionally, many cases from real life situations are included in the text. The book covers almost everything a student needs to learn about the laws of business dealings, management and relationships.

In forming a new company, the company will be subjected to a series of legal proceedings; these proceeding govern the activities and business transactions, employment and the same civil rights of the people directly related or indirectly with the company.

There are a number of models, types, and styles that businesses in the United States can choose to operate. However, despite the type and models that businesses choose to operate in the country, their operations are always directed and structured by the United States government regulation. Most of the laws that have been developed in the United States affect the operations of these businesses by defining how they should be carried out, their legality and the financial as well as the operational codes of business that should be followed (Hurst, 2004). Business laws in the United States can be divided into a number of primary groups based on the aspect of the business that they affect. As such, the purpose of this paper is to look at some of the ways through which law affects businesses in the United States, the nature and source of the involved law, and the reasons for the law. Additionally, the paper will also look at the impacts of the law to businesses.

Law is a set of rules, enforceable by the courts, which regulate the government of the state and governs the relationship between the state and its citizens and between one citizen and another.

Corporate law governs the creation and operations of corporations and is closely associated with commercial and contract law. Corporate attorneys are experts in the various laws that regulate the formation, configuration, and termination of corporations. They also construct joint ventures, licensing arrangements, mergers, acquisitions, and all of the other legal dealings of corporations (Corporate Law, 2017). There are many corporate law firms throughout the United States of America and all over the world. Some of the top U.S. legal firms dealing in corporate law include Cravath, Swain, & Moore LLP; Wachtell, Lipton, Rosen, & Katz; and Sullivan & Cromwell LLP (Sterbenz, 2013). The industry research section of this paper

Suppose Bob puts up an ad in a Real Estate Magazine implying that he would like to sell his house for $28,500.00. Dole on the other hand offered to buy the house within one week for $27,000.00. Bob declined from Doles offer. Though Dole made a valid offer. An offer must be distinguished from an invitation to treat. For example, a Ralph Lauren sport shirt is displayed in a department store with a

"Agency is the relationship that exists between two persons, when one, called the agent, is considered in law to represent the other, called the principal, in such a way as to be able to affect the principal 's legal position in respect of strangers to the relationship by the making of contracts or the [sale or purchase] of property."

= It is the relationship between stockholders and management. Such a relationship exists whenever someone (the principal) hires another (the agent) to represent his or her interest.

The legal principle on company law established by the case “Salomon v Salomon & Co Ltd” is that a company upon incorporation is a body corporate which is recognized by law to have a separate legal entity from its members and officers. The company and members are two separate bodies. This is known as the veil of incorporation. Thus, the debts of the company cannot be recovered from its members. For example, the debts of the company cannot be recovered from its member. Rather than the director or its member, a company is normally liable for any breach by itself. A company is an artificial legal person that exists independently of the individuals who at any given time are the members of the corporate body. In the case of Salomon V Salomon & Co Ltd, even though Salomon managed the business solely by himself, yet in law Salomon and the company is separate body as the company has incorporated.