Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 4, Problem 5CO
Summary Introduction
To discuss: The difference among procedural and substantive due process.
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Distinguish between justice and rights.
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Smith and Roberson’s Business Law
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- Explain the ways in which various legal doctrines are employed to balance the competing claims of employer and employee.arrow_forwardWhat is the Specific duty and Ad valorem Duty? Give the difference between the two.arrow_forwardUnder what circumstances should a principal (employer) be responsible for the torts committed by an agent (employee)? If an agent injures a third party during the course of employment, to what extent should the employer be held liable? Under what circumstances should the agent be held personally liable? Provide an example to illustrate your opinion. What ethical considerations underlie the doctrine of respondeat superior?arrow_forward
- Explain the fourfold test for employment. Why did the courts find it necessary to establish this test?arrow_forwardIf a paralegal in Texas were accused of engaging in UPL, what would the possible consequences be, both criminal and civil?arrow_forwardcompare ethics in professions and ethics in business, establishing their importance for each of the partiesarrow_forward
- Which of the following are required for a plaintiff to establish a prima facie case of disability discrimination? Select all that apply. 1. that her employer has 10 or more full time employees 2. that she was forced to work in a hostile work environment. 3. that she is someone who, with or without reasonable accommodation, can perform the “essential functions” of the employment position that such individual holds or desires. 4. that she is disabled 5. that she was subjected to unlawful discrimination because of her disabilityarrow_forwardWhat are the stages of the moral enterprise? Describe one or more tools that may be employed in each stage. Give an example of how you may or may not have been subject to the moral enterprise.arrow_forwardAside from the legal requirements, how should the principles of justice shape any efforts by employers to monitor employees’ personal use of social media?arrow_forward
- BUSINESS LAW 101 I am trying to do an I.R.A.C. Brief a Case from business Law. So far I have this: David KRASNER, Plaintiff, v. HSH NORDBANK AG, and Roland Kiser in his personal and official capacities, Defendants. United States District Court, S.D. New York. January 7, 2010. 680 F. Supp. 2d 502 (S.D.N.Y. 2010) FACTS David KRASNER is suing HSH NORDBANK AG, and Roland Kiser, his employer, for sexual discrimination under Title VII under the 1964 Civil Rights Act. Krasner clams Sexual Harassment towards women runs rampant in his work environment. No violation was found from the investigation that was conducted. After which he was fired prompting him to request a right to sue letter from the EEOC. He was granted the letter and proceeded with the lawsuit. ISSUE A person must be a victim of Sexual Harassment in order to clam and sue for sexual harassment. MY QUESTION: (The Aplication part of it.) Below is the link to the Case. This part is asking…arrow_forwardDescribe why ethics in the Criminal Justice System are so important.arrow_forwardT or F In the context of grievance procedures, the principle of just cause originally places the burden of proof on an employer.arrow_forward
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