1
MNGT 140 Business Law I – Open
Educational Resource Textbook
Authors: Donna, Mandl, JD, Tim Faith, JD, & Jill Burke, MLIS
Preface
This textbook is for use with MNGT 140 Business Law I, a business law survey course covering a variety of
legal topics, including sources of law, contracts, torts, criminal law, employment law, agency law, intellectual
property and business ethics. The authors of this open educational resource text based the content on “Business
and the Legal Environment” located at http://2012books.lardbucket.org/books/business-and-the-legal-
environment/ pursuant to a Creative Commons license CC BY-NC-SA. Additional content has been provided
by the authors under the same license, and third party content has been curated in sections below where noted.
The Second Edition of this text includes updates by the authors to the content, and includes new legal research
on recent cases and changes to the law since the original edition was published for use in the classroom in
2018. In addition, new tables and figures have been added to the text, and a table of cases cited throughout the
text has been added for quick reference.
Materials here are from other sources, but any errors that remain in the content provided remain the
responsibility of the authors.
Preface ................................................................................................................................................................... 1
Figures, Tables & Cases ...................................................................................................................................... 4
Introduction: Law and Legal Systems ............................................................................................................. 12
Classifications of Law ........................................................................................................................................ 12
What Is Law? .................................................................................................................................................. 12
Schools of Legal Thought .................................................................................................................................. 12
Legal Positivism: Law as Sovereign Command ............................................................................................. 13
Natural Law .................................................................................................................................................... 13
Types of Laws ................................................................................................................................................ 15
Constitutions ................................................................................................................................................... 15
Statutes and Treaties in Congress ........................................
Whitepaper: Legal Holds & Data Preservation 2014Zapproved
DOWNLOAD HERE: http://bit.ly/legal-holds-2014
Today's most critical challenges facing legal professionals regarding legal holds and data preservation were discussed by the nation's leading eDiscovery luminaries at the 2nd annual PREX Conference on Preservation Excellence.
This new resource is a compilation of the session content, published so that anyone can benefit from the combined efforts of the outstanding lineup of speakers.
Topics include:
Zubulake 10 Years Later: The Current Legal Hold Landscape
Creating, Executing and Defending Your Preservation Strategy
Challenges of Social Media and BYOD
Impact of the Upcoming Changes to Federal Rules of Civil Procedure
Judicial Panel: View from the Bench on Preservation
This 33-page resource features commentary by industry experts, litigation and eDiscovery specialists from top law firms, in-house counsel from G2000 corporations, and 4 current and former federal judges.
Major legal systems in the world follow either common law or civil law traditions. Civil law systems are found in countries like France, Germany, and Italy and rely on comprehensive legal codes. Common law systems are used in countries such as the United States, England, and India, where judicial precedents have binding authority. The two systems differ in that civil law emphasizes codified statutes while common law relies on judicial precedents to interpret laws.
Practical and legal dimensions of job announcementsİş ve Yönetim
The document discusses legal and practical dimensions of job announcements. It begins by introducing the authors and context for the study. The bulk of the document is presented in a question and answer format addressing common issues that arise in job announcements from both an HR and legal perspective. Some of the key issues addressed include:
- Sex discrimination and whether specifying male or female candidates constitutes discrimination
- Potential penal sanctions for discrimination in job announcements under EU and Turkish law
- Factors like experience, university attended, pay, and competencies that can and cannot be specified
- Additional requirements around height, photos, smoking, military service, and insurance status.
The document aims to provide guidance to HR professionals and employers on creating legally compliant
An Overview of Corporate law in PakistanAyesha Majid
In context of this article, law is a system of rules that lays down standards to which we ought to conform originated from legal rule, moral rule and social convention. It is a system recognised by a particular country or community for regulating the actions of its members which are enforced by the imposition of penalties. Law is a fundamental business discipline. Its study allows to develop a wider perspective on both the business and regulatory landscape and specialised expertise that will not only enrich our business career but will also lay the foundations for successful comprehension of the business environment.
The document discusses legal research methods for a trademark infringement case. It outlines key laws and terminology to understand like the Lanham Act, fair use law, and jurisdiction. The case involves two bakeries, Sweet Lorraine's Bakery and Sweet Lorraine's Cafe, operating in different states and markets. The document analyzes if there was trademark infringement under fair use laws and determines there was no likelihood of confusion given their separate businesses and locations. Research methods like using primary legal sources, secondary explanatory sources, prior case studies, and templates are discussed to build documents like memos and briefs.
This document provides a comparison of key provisions of Delaware and Maryland corporate statutes. It finds some provisions of Maryland law more advantageous, such as those related to authorized shares, director and officer liability limitations, and takeover defenses. It also finds some Delaware provisions more advantageous, such as those related to amendment of corporate documents and ratification of defective corporate acts. The document aims to facilitate analysis of the advantages and disadvantages of incorporating in each state. It covers the most important issues but not every statutory provision or case law difference between the states.
Critical HR Recordkeeping. From hiring to termination.Sage HR
Employee record retention is a daunting task for employers because there are so many different requirements based on a variety of criteria.
For example, virtually every federal employment law, ranging from the Americans with Disabilities Act (ADA) to Title VII of the Civil Rights Act, stipulates certain record-retention rules for all private sector employers. In addition, many state and local jurisdictions impose additional requirements.
Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
The best way to ensure that your records are in good order is to establish and publish a record-retention policy.
It’s wise to consult with legal counsel, and you may want to engage the services of record-retention specialists who can help you customize your record-retention policies and practices to fit your specific situation.
Recordkeeping also assists in managing human resources by providing hard data on the effectiveness of policies and procedures. For example, records of accidents in the workplace help identify why accidents are occurring and how to prevent them. Records also help prove compliance with government regulations. For example, documentation of equal employment opportunity practices can help show that an employer is in compliance with Title VII of the Civil Rights Act. Records provide documentation to defend—and even drive—employment decisions. They can help when defending against a lawsuit brought by an employee or employees under one of the employment laws.
Responsible recordkeeping practices begin long before a job candidate walks through the door and extend long after an employee leaves an employer, according to Allen Kato of Fenwick and West, LLP and Charles “Trey” Wichmann of Winston and Strawn, LLP. Their years of experience practicing employment law provide valuable insight on organizing your records legally and effectively.
In this special report, BLR® will outline their approach to recordkeeping to keep you out of court.
FOR MORE VISIT HR BLOG -> cake.hr/blog
Mb0051 “legal aspects of business answerRohit Mishra
The document discusses copyright under the Copyright Act. It defines copyright as the exclusive rights granted to the author or creator of certain types of works, including literary, dramatic, musical, artistic, cinematographic, and sound recordings. These rights include rights of reproduction, publication, performance, adaptation, translation, and communication to the public. The ownership of copyright initially vests with the author, subject to exceptions for works made during employment or under commission.
Whitepaper: Legal Holds & Data Preservation 2014Zapproved
DOWNLOAD HERE: http://bit.ly/legal-holds-2014
Today's most critical challenges facing legal professionals regarding legal holds and data preservation were discussed by the nation's leading eDiscovery luminaries at the 2nd annual PREX Conference on Preservation Excellence.
This new resource is a compilation of the session content, published so that anyone can benefit from the combined efforts of the outstanding lineup of speakers.
Topics include:
Zubulake 10 Years Later: The Current Legal Hold Landscape
Creating, Executing and Defending Your Preservation Strategy
Challenges of Social Media and BYOD
Impact of the Upcoming Changes to Federal Rules of Civil Procedure
Judicial Panel: View from the Bench on Preservation
This 33-page resource features commentary by industry experts, litigation and eDiscovery specialists from top law firms, in-house counsel from G2000 corporations, and 4 current and former federal judges.
Major legal systems in the world follow either common law or civil law traditions. Civil law systems are found in countries like France, Germany, and Italy and rely on comprehensive legal codes. Common law systems are used in countries such as the United States, England, and India, where judicial precedents have binding authority. The two systems differ in that civil law emphasizes codified statutes while common law relies on judicial precedents to interpret laws.
Practical and legal dimensions of job announcementsİş ve Yönetim
The document discusses legal and practical dimensions of job announcements. It begins by introducing the authors and context for the study. The bulk of the document is presented in a question and answer format addressing common issues that arise in job announcements from both an HR and legal perspective. Some of the key issues addressed include:
- Sex discrimination and whether specifying male or female candidates constitutes discrimination
- Potential penal sanctions for discrimination in job announcements under EU and Turkish law
- Factors like experience, university attended, pay, and competencies that can and cannot be specified
- Additional requirements around height, photos, smoking, military service, and insurance status.
The document aims to provide guidance to HR professionals and employers on creating legally compliant
An Overview of Corporate law in PakistanAyesha Majid
In context of this article, law is a system of rules that lays down standards to which we ought to conform originated from legal rule, moral rule and social convention. It is a system recognised by a particular country or community for regulating the actions of its members which are enforced by the imposition of penalties. Law is a fundamental business discipline. Its study allows to develop a wider perspective on both the business and regulatory landscape and specialised expertise that will not only enrich our business career but will also lay the foundations for successful comprehension of the business environment.
The document discusses legal research methods for a trademark infringement case. It outlines key laws and terminology to understand like the Lanham Act, fair use law, and jurisdiction. The case involves two bakeries, Sweet Lorraine's Bakery and Sweet Lorraine's Cafe, operating in different states and markets. The document analyzes if there was trademark infringement under fair use laws and determines there was no likelihood of confusion given their separate businesses and locations. Research methods like using primary legal sources, secondary explanatory sources, prior case studies, and templates are discussed to build documents like memos and briefs.
This document provides a comparison of key provisions of Delaware and Maryland corporate statutes. It finds some provisions of Maryland law more advantageous, such as those related to authorized shares, director and officer liability limitations, and takeover defenses. It also finds some Delaware provisions more advantageous, such as those related to amendment of corporate documents and ratification of defective corporate acts. The document aims to facilitate analysis of the advantages and disadvantages of incorporating in each state. It covers the most important issues but not every statutory provision or case law difference between the states.
Critical HR Recordkeeping. From hiring to termination.Sage HR
Employee record retention is a daunting task for employers because there are so many different requirements based on a variety of criteria.
For example, virtually every federal employment law, ranging from the Americans with Disabilities Act (ADA) to Title VII of the Civil Rights Act, stipulates certain record-retention rules for all private sector employers. In addition, many state and local jurisdictions impose additional requirements.
Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
The best way to ensure that your records are in good order is to establish and publish a record-retention policy.
It’s wise to consult with legal counsel, and you may want to engage the services of record-retention specialists who can help you customize your record-retention policies and practices to fit your specific situation.
Recordkeeping also assists in managing human resources by providing hard data on the effectiveness of policies and procedures. For example, records of accidents in the workplace help identify why accidents are occurring and how to prevent them. Records also help prove compliance with government regulations. For example, documentation of equal employment opportunity practices can help show that an employer is in compliance with Title VII of the Civil Rights Act. Records provide documentation to defend—and even drive—employment decisions. They can help when defending against a lawsuit brought by an employee or employees under one of the employment laws.
Responsible recordkeeping practices begin long before a job candidate walks through the door and extend long after an employee leaves an employer, according to Allen Kato of Fenwick and West, LLP and Charles “Trey” Wichmann of Winston and Strawn, LLP. Their years of experience practicing employment law provide valuable insight on organizing your records legally and effectively.
In this special report, BLR® will outline their approach to recordkeeping to keep you out of court.
FOR MORE VISIT HR BLOG -> cake.hr/blog
Mb0051 “legal aspects of business answerRohit Mishra
The document discusses copyright under the Copyright Act. It defines copyright as the exclusive rights granted to the author or creator of certain types of works, including literary, dramatic, musical, artistic, cinematographic, and sound recordings. These rights include rights of reproduction, publication, performance, adaptation, translation, and communication to the public. The ownership of copyright initially vests with the author, subject to exceptions for works made during employment or under commission.
Mb0051 “legal aspects of business answerRohit Mishra
The note on copyright discusses:
1. The meaning of copyright which includes the exclusive rights over literary, dramatic, musical, artistic, cinematographic and sound recording works.
2. Ownership of copyright which generally vests with the author, except for works made during employment or commissioned works.
3. The summary captures the key aspects of copyright definition and ownership in 3 sentences as requested.
Interaction Between In House And Outside Counsel Moceyunas Jan 2010moceyunas
If you are an attorney working with start-ups or early stage companies, enhance the value of your legal services with these five tips from a lawyer/executive with over 25 years of experience. Includes useful sample forms.
This document provides an overview of business and labour laws in Pakistan as part of a semester project. It discusses the key components of the legal system and defines business, law, and the various branches of law. It then examines the purpose of business laws and the sources of business law, including common law, statutory law, and administrative law. The major categories of business law that can affect operations are explored, such as tort, contract, sales, agency, property, bankruptcy, and negotiable instruments. Specific prevailing business and labour laws in Pakistan are also outlined.
This document provides an overview of business and labour laws in Pakistan as part of a semester project. It defines key concepts like the legal system, business, law, and different types of business laws. It also outlines various laws prevailing in Pakistan, including contract law, negotiable instruments act, companies ordinance, labour laws like workmen compensation act and factories act. The document aims to educate students on how business laws affect business operations by providing structure, uniformity, enforcement and predictability for commercial transactions and relationships.
Introduction and Overview of the Justice SystemCorporate ExiTatianaMajor22
Introduction and Overview of the Justice System
Corporate Existence and Liability
Fraud and Internal Controls
Week #1 Part #1
1
2
Federal Court Jurisdiction: Limited Jurisdiction
The term jurisdiction means the power to adjudicate. As the framers wrote the Constitution, some feared that the federal courts might threaten the independence of the states and the people. To combat this fear the framers set up a federal court system that can only hear cases in special circumstances. This is called courts of limited jurisdiction. Since the federal courts can only hear certain kinds of cases, most of the day-to-day cases that courts deal with happen in state courts.
Basically, federal courts hear only 2 types of cases; those that raise a federal question and those involving lawsuits between citizens of different states known as diversity of jurisdiction.
Also, all criminal tax cases are federal question jurisdiction arising under Title 18 or Title 26 of the U.S. Code. So, all criminal federal tax cases are filed in the federal district court.
Additional some civil tax cases are heard in the federal courts as well.
State Court Jurisdiction: General Jurisdiction
General Jurisdiction
The Tenth Amendment provides that “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The ultimate effect these provisions have upon state courts is to reserve to them the right to hear and decide any legal matter not expressly reserved for the exclusive jurisdiction of federal courts (such as lawsuits between states).
Thus, state courts are courts of general jurisdiction. They hear all the cases not specifically selected for federal courts. Just as the federal courts interpret federal laws, state courts interpret state laws. Each state gets to make and interpret its own laws. This helps the states retain power, and makes sure that the national government does not become too strong.
The Tax Court: An Inferior Court
The United States Tax Court is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides (in part) that the Congress has the power to "constitute Tribunals inferior to the supreme Court".
When the taxpayer is called for an audit, the taxpayer has two choices: agree with the IRS or disagree.
If the taxpayer agrees, the case is over. If the taxpayer disagrees, the IRS sends the taxpayer a "notice of deficiency" (also called a 90-day Letter), stating the adjustments that the Service wants to make to the tax return. The taxpayer then has 90 days to file a petition with the Tax Court. If not filed within 90 days, the taxpayer has agreed with the IRS.
By going to the Tax Court, the taxpayer is suing the IRS in court.
The Tax Court consists of 19 judges who travel the circuit to all 50 states. Tax Court cases do not get tried before a jury. In a regular Tax Court case, i ...
This Presentation is all about business law, it's characteristics, types and so on. The difference between law and ethics are also given. Significance and Principles of business law is also described in brief.
This document is a thesis submitted by Ogbomo Osaze Ighoetin for the degree of LLM at Brunel University in 2015. It examines how the interests of stakeholders such as host communities can be protected under corporate governance frameworks using Nigeria as a case study. The thesis discusses corporate social responsibility and its role in corporate governance. It analyzes the control of multinational corporations in developing countries, with a focus on Nigeria. It addresses issues like workers' rights, human rights, and anti-corruption laws in relation to multinational corporations in Nigeria. Furthermore, it discusses stakeholder interests in the context of developing countries and how law should respond to the stakeholder concept, making suggestions for reform in Nigeria's corporate social
The UN Guiding Principles Reporting Framework, launched on 24 February, is the new guidance on how companies can report on progress implementing their responsibility to respect human rights. This responsibility is set out in the UN Guiding Principles on Business and Human Rights, which constitute the global standard in this field.
Mb0051 “legal aspects of business answerRohit Mishra
1. Copyright gives the creator of an original work the exclusive right to reproduce, distribute,
perform, display, or license others to do the same with the work.
2. Works that can be copyrighted include literary, dramatic, musical, artistic works, films, and
computer programs.
3. The rights under copyright include rights to reproduce, issue copies, perform in public, make
adaptations or translations, among others, depending on the type of work.
4. These rights allow the creator to benefit financially from their creative work and also protect
their moral rights over how their work is used.
This document provides an overview of competition law in Pakistan. It discusses the history of competition law in Pakistan dating back to 1970. The key points are:
- The Competition Act of 2010 established the Competition Commission of Pakistan to enforce competition law. The Act prohibits abuse of dominant position, anti-competitive agreements, deceptive marketing practices, and mergers that lessen competition.
- Competition law aims to promote fair competition between businesses for the benefit of consumers and the economy. It prevents anti-competitive practices like price fixing and restricting competition.
- Pakistan's competition law was inspired by European law and seeks to enhance economic efficiency and consumer welfare through a competitive market system.
GOLDEN OPPORTUNITIES OF PRACTISING BEFORE TRIBUNAL - By CA. (Dr.) Rajkumar Ad...CA. (Dr.) Rajkumar Adukia
The author strongly believes that the professional should go beyond their traditional areas by expanding themselves to serve and not settle for less. The article provides you with such goldmines of opportunities in the litigation field wherein addition to advocates, non-advocate professionals such as the Chartered Accountants, Company Secretary, Cost Accountants also can have their fair share.
An overview of Mercantile Law in PakistanAyesha Majid
This overview of business laws of Pakistan is a very brief description of common forms of businesses adopted by private and public sector investors in Pakistan. An attempt has also been made to outline general requirements and regulatory regimes for each of these forms of businesses in Pakistan.
The document provides an introduction to business law, outlining key concepts such as the definition of law, the need for law in society, the main branches of law including constitutional, administrative, criminal, and civil law. It discusses sources of business law including statutes, case law, customs and usages. The scope of business law has widened due to increasing business complexities and now includes topics like contracts, commercial transactions, business associations and more.
This document discusses the legal definition of identity and purpose for independent agencies. It begins by reviewing the development of legal personality, from Hobbes' view of the state as the sole authority, to the recognition of groups having legal personality. It explains that as the state fragments and shares power, defining the purposes of these new legal entities becomes important, as power is being exercised by actors other than the state. The document then analyzes how purpose provisions developed in private and public law, before comparing their use across different countries.
This document discusses the legal definition of identity and purpose for independent agencies. It begins by reviewing the development of legal personality, from Hobbes' view of the state as the sole authority, to the recognition of groups having legal personality. It explains that as power is decentralized from states to other entities, defining their purpose becomes important to establish accountability. The document then examines how purpose is addressed in private and public law, and how independent agencies fit within this framework. It analyzes how different countries approach defining the identity and purpose of independent agencies.
Legal Approaches Of Purposes The Case Of Independent Agencieslegalinfo
This document provides a summary of the legal approaches to defining the purposes of independent agencies. It begins by discussing the historical development of legal personality theory. It then examines the general functions of including purpose provisions, such as communication, direction, and correction. It analyzes how private law has developed purpose theory and how public law uses purpose provisions for accountability. The document then compares the legislative cultures and interpretations of "purpose" in different jurisdictions like the Netherlands, UK, US, France, and EU. Finally, it analyzes the practical effects of purpose provisions in areas like communication, direction, and correction compared to approaches in private law.
1IntroductionThe objective of this study plan is to evaluate.docxrobert345678
1
Introduction
The objective of this study plan is to evaluate the viability of our solution in relation to previously conducted test cases for companies operating in industries analogous to those of our own. In this section, we will concentrate on the manner in which these use cases measure the performance characteristics of various technical and behavioral qualities connected with an investment in technology made on behalf of a business. The viewpoints and data sources of stakeholders will be incorporated into our measuring system. This measurement framework will be utilized by us in order to assess and analyze the overall performance of our product. After the solution has been implemented, we will conduct post-implementation evaluations to determine how the solution affected the organization. The management of change will play a significant role in our overall research agenda. The plan will adhere to a certain format in providing the findings of the data analysis.
Measurement framework
In order to present an all-encompassing picture of performance, the measuring framework must to take into account the many stakeholder viewpoints as well as the various data sources. Perspectives from stakeholders may come from a variety of sources, such as the user community, project managers, or senior leadership. Customer feedback, system logs, and performance statistics are three examples of potential data sources (Thabane, 2009).
The purpose of the measurement framework is to supply stakeholders with viewpoints and data sources that may be utilized to evaluate the effectiveness of an investment in technology. The framework consists of four dimensions: behavioral characteristics, organizational aspects, user factors, and technological qualities (McShane, 2018). To evaluate how well the technology investment is working out, there is a separate set of performance indicators linked with each of the dimensions of the evaluation.
Indicators such as system uptime, reaction time, and throughput are examples of technical qualities. Indicators that make up behavioral qualities include things like user happiness, adoption rates, and the costs of training. Indicators like as return on investment (ROI) and total cost of ownership are included in the category of organizational variables (TCO). The metrics that make up user factors include things like user happiness, adoption rates, and training expenses (McShane, 2018).
The measuring framework draws its information from a variety of data sources, including organizational data, user data, performance data, and financial data. The return on investment (ROI) and total cost of ownership (TCO) of the technological investment may both be calculated using financial data (Jalal, 2017). The uptime, reaction time, and throughput of the system may all be evaluated based on the performance statistics. Data from users may be analyzed to determine factors such as user happiness, adoption rates, and the costs of training (Thabane,.
1Project One Executive SummaryCole Staats.docxrobert345678
1
Project One: Executive Summary
Cole Staats
Southern New Hampshire University
BUS 225: Critical Business Skills for Success
Jennyfer Puentes
November 14, 2022
Project One: Executive SummaryProblem
With the restricted economic activity expected because of the COVID-19 outbreak, and the rise in inflation the revenue for the automobile engine and parts manufacturing industry has been adjusted to decline by 10.9% by the end of 2022 (Pantalon, 2022). Based on the current challenges the automotive industry faces, we must diversify our engine manufacturing and its operations to expand our revenue. In this presentation, I will be using qualitative and quantitative data to explain why I think our company should rapidly explore the ever-evolving and growing popularity of the electric car industry and develop electric motors. I will show the qualitative data which will focus on the industry reports of engine manufacturing inside the automotive industry. The quantitative data that I will provide will estimate the projections for future operations and provide fact-checked historical data on the automotive industry. Automotive Manufacturing Industry
After conducting extensive research into the current automotive industry status, where I focused on the performance and expectations for the industry's future, the 2021 measured revenue of the US car and automobile manufacturing was $75 billion. This is compared to previous years, such as 2020 $69 billion, and in 2019 and 2018 $92 billion (MarketLine 2021). Although we saw a rise from 2020 to 2021 in revenue the automobile manufacturing industry revenue will continue to not keep pace with previous years. As the domestic demand for new vehicles trends higher, three automotive hubs are expected to gain greater traction over the next few years. With that said the US automotive industry is heavily established in the Great Lakes region. This region represents just over 36% of the automobile manufacturers in the US. Some of the most successful automobile making are located here which include the Ford Motor Company, General Motors, and Fiat Chrysler. All these manufacturers are in Michigan which makes up 15% of all automobile manufacturing revenue in the US. With that said there are 2 more regions where automobile manufacturers operate that make up 50% of all us manufacturers' locations. The Regions are the West Region, making up 25.4% of the industry locations, and the Southeast Region, making up 24.6% of the industry locations. After conducting research, the consumer's current mindset is shifting towards a “greener” option for the automobile. This option would have a smaller carbon footprint, providing an increase in producing vehicles that are more environmentally friendly. As a result of this new stance on a “greener” option by the consumer the hybrid and the electric car are gaining popularity and are expected to multiply over the next five years (MarketLine 2018). “In 2025 the North American hybri.
1
Management Of Care
Chamberlain University
NR452: Capstone
Professor Alison Colvin.
Date: November 23, 2022.
Management of Care
Management of care involves organizing, prioritizing, maintaining strict patient confidentiality, providing patient with efficient care, education to patient and families, risk stratification, coordination of care transition and medication management. Patient care management is provided to client by nurses and other health care professionals “Management of the critically injured patient is optimized by a coordinated team effort in an organized trauma system that allow for rapid assessment and initiation of life- preserving therapies. (Cantrell, E., & Doucet, J. 2018). Effective patient care management can impact patient heath more positively, when all healthcare professionals work together to provide quality care in promoting patient centered care. Adequate patient care can prevent readmission or admission, also can reduce distress, total cost of care, improve self-management, disease control and patient overall health.
Patient care is important to patient because its ensure that patient receive the needed possible care they deserve when in the hospital and out of the hospital, patient will feel their demand is understood and listened to if they health needs are met and understood by professionals that know how to manage their health care needs, health care management team member work together to ensure patient safety through effective communication and collaboration, advocating for patient by connecting patient to community and social services resources that will promote their health care needs can be beneficial to patient, environmental and home risk assessment, and effective facilitation of communication between members of the healthcare team.
Nurses play a role in managing a patient health, roles such as: Critical thinking skills, in this case the nurse can recognize any shift in patient health status which plays a significant role in decision making and patient centered care. Time management: delegation, prioritization such as knowing what to do first, what is important, and knowing what task is more important for the patient at a particular time. Patient education is also one of the many role’s nurses do to educate patient on what to expect during a procedure, or during recovery, also teachings on complications or adverse effects of a medication. Clinical reasoning and judgement which will promote quality of health through patient centered care that addresses patient specific health care needs. Holman, H. C., Williams, “et al”. (2019).
References
Cantrell, E., & Doucet, J. (2018). Initial Management of Life-Threatening Trauma.
DeckerMed Critical Care of the Surgical Patient.
https://doi.org/10.2310/7ccsp.2129
Holman, H. C., Williams, D., Johnson, J., Sommer, S., Ball, B. S., Lemon, T.,
& Assessment Technologies Institute. (2019). Nursing leadership
an.
1NOTE This is a template to help you format Project Part .docxrobert345678
This document provides a template for a student to complete a statistical analysis project involving descriptive statistics, hypothesis testing, and regression analysis. The template outlines the content and statistical analyses to be performed on two variables - sales and calls - including descriptive statistics, hypothesis tests, correlation, regression equation, and estimates. The student is instructed to input their results, analyses, and conclusions into the template for their assignment submission.
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The note on copyright discusses:
1. The meaning of copyright which includes the exclusive rights over literary, dramatic, musical, artistic, cinematographic and sound recording works.
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3. The summary captures the key aspects of copyright definition and ownership in 3 sentences as requested.
Interaction Between In House And Outside Counsel Moceyunas Jan 2010moceyunas
If you are an attorney working with start-ups or early stage companies, enhance the value of your legal services with these five tips from a lawyer/executive with over 25 years of experience. Includes useful sample forms.
This document provides an overview of business and labour laws in Pakistan as part of a semester project. It discusses the key components of the legal system and defines business, law, and the various branches of law. It then examines the purpose of business laws and the sources of business law, including common law, statutory law, and administrative law. The major categories of business law that can affect operations are explored, such as tort, contract, sales, agency, property, bankruptcy, and negotiable instruments. Specific prevailing business and labour laws in Pakistan are also outlined.
This document provides an overview of business and labour laws in Pakistan as part of a semester project. It defines key concepts like the legal system, business, law, and different types of business laws. It also outlines various laws prevailing in Pakistan, including contract law, negotiable instruments act, companies ordinance, labour laws like workmen compensation act and factories act. The document aims to educate students on how business laws affect business operations by providing structure, uniformity, enforcement and predictability for commercial transactions and relationships.
Introduction and Overview of the Justice SystemCorporate ExiTatianaMajor22
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Week #1 Part #1
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2
Federal Court Jurisdiction: Limited Jurisdiction
The term jurisdiction means the power to adjudicate. As the framers wrote the Constitution, some feared that the federal courts might threaten the independence of the states and the people. To combat this fear the framers set up a federal court system that can only hear cases in special circumstances. This is called courts of limited jurisdiction. Since the federal courts can only hear certain kinds of cases, most of the day-to-day cases that courts deal with happen in state courts.
Basically, federal courts hear only 2 types of cases; those that raise a federal question and those involving lawsuits between citizens of different states known as diversity of jurisdiction.
Also, all criminal tax cases are federal question jurisdiction arising under Title 18 or Title 26 of the U.S. Code. So, all criminal federal tax cases are filed in the federal district court.
Additional some civil tax cases are heard in the federal courts as well.
State Court Jurisdiction: General Jurisdiction
General Jurisdiction
The Tenth Amendment provides that “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The ultimate effect these provisions have upon state courts is to reserve to them the right to hear and decide any legal matter not expressly reserved for the exclusive jurisdiction of federal courts (such as lawsuits between states).
Thus, state courts are courts of general jurisdiction. They hear all the cases not specifically selected for federal courts. Just as the federal courts interpret federal laws, state courts interpret state laws. Each state gets to make and interpret its own laws. This helps the states retain power, and makes sure that the national government does not become too strong.
The Tax Court: An Inferior Court
The United States Tax Court is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides (in part) that the Congress has the power to "constitute Tribunals inferior to the supreme Court".
When the taxpayer is called for an audit, the taxpayer has two choices: agree with the IRS or disagree.
If the taxpayer agrees, the case is over. If the taxpayer disagrees, the IRS sends the taxpayer a "notice of deficiency" (also called a 90-day Letter), stating the adjustments that the Service wants to make to the tax return. The taxpayer then has 90 days to file a petition with the Tax Court. If not filed within 90 days, the taxpayer has agreed with the IRS.
By going to the Tax Court, the taxpayer is suing the IRS in court.
The Tax Court consists of 19 judges who travel the circuit to all 50 states. Tax Court cases do not get tried before a jury. In a regular Tax Court case, i ...
This Presentation is all about business law, it's characteristics, types and so on. The difference between law and ethics are also given. Significance and Principles of business law is also described in brief.
This document is a thesis submitted by Ogbomo Osaze Ighoetin for the degree of LLM at Brunel University in 2015. It examines how the interests of stakeholders such as host communities can be protected under corporate governance frameworks using Nigeria as a case study. The thesis discusses corporate social responsibility and its role in corporate governance. It analyzes the control of multinational corporations in developing countries, with a focus on Nigeria. It addresses issues like workers' rights, human rights, and anti-corruption laws in relation to multinational corporations in Nigeria. Furthermore, it discusses stakeholder interests in the context of developing countries and how law should respond to the stakeholder concept, making suggestions for reform in Nigeria's corporate social
The UN Guiding Principles Reporting Framework, launched on 24 February, is the new guidance on how companies can report on progress implementing their responsibility to respect human rights. This responsibility is set out in the UN Guiding Principles on Business and Human Rights, which constitute the global standard in this field.
Mb0051 “legal aspects of business answerRohit Mishra
1. Copyright gives the creator of an original work the exclusive right to reproduce, distribute,
perform, display, or license others to do the same with the work.
2. Works that can be copyrighted include literary, dramatic, musical, artistic works, films, and
computer programs.
3. The rights under copyright include rights to reproduce, issue copies, perform in public, make
adaptations or translations, among others, depending on the type of work.
4. These rights allow the creator to benefit financially from their creative work and also protect
their moral rights over how their work is used.
This document provides an overview of competition law in Pakistan. It discusses the history of competition law in Pakistan dating back to 1970. The key points are:
- The Competition Act of 2010 established the Competition Commission of Pakistan to enforce competition law. The Act prohibits abuse of dominant position, anti-competitive agreements, deceptive marketing practices, and mergers that lessen competition.
- Competition law aims to promote fair competition between businesses for the benefit of consumers and the economy. It prevents anti-competitive practices like price fixing and restricting competition.
- Pakistan's competition law was inspired by European law and seeks to enhance economic efficiency and consumer welfare through a competitive market system.
GOLDEN OPPORTUNITIES OF PRACTISING BEFORE TRIBUNAL - By CA. (Dr.) Rajkumar Ad...CA. (Dr.) Rajkumar Adukia
The author strongly believes that the professional should go beyond their traditional areas by expanding themselves to serve and not settle for less. The article provides you with such goldmines of opportunities in the litigation field wherein addition to advocates, non-advocate professionals such as the Chartered Accountants, Company Secretary, Cost Accountants also can have their fair share.
An overview of Mercantile Law in PakistanAyesha Majid
This overview of business laws of Pakistan is a very brief description of common forms of businesses adopted by private and public sector investors in Pakistan. An attempt has also been made to outline general requirements and regulatory regimes for each of these forms of businesses in Pakistan.
The document provides an introduction to business law, outlining key concepts such as the definition of law, the need for law in society, the main branches of law including constitutional, administrative, criminal, and civil law. It discusses sources of business law including statutes, case law, customs and usages. The scope of business law has widened due to increasing business complexities and now includes topics like contracts, commercial transactions, business associations and more.
This document discusses the legal definition of identity and purpose for independent agencies. It begins by reviewing the development of legal personality, from Hobbes' view of the state as the sole authority, to the recognition of groups having legal personality. It explains that as the state fragments and shares power, defining the purposes of these new legal entities becomes important, as power is being exercised by actors other than the state. The document then analyzes how purpose provisions developed in private and public law, before comparing their use across different countries.
This document discusses the legal definition of identity and purpose for independent agencies. It begins by reviewing the development of legal personality, from Hobbes' view of the state as the sole authority, to the recognition of groups having legal personality. It explains that as power is decentralized from states to other entities, defining their purpose becomes important to establish accountability. The document then examines how purpose is addressed in private and public law, and how independent agencies fit within this framework. It analyzes how different countries approach defining the identity and purpose of independent agencies.
Legal Approaches Of Purposes The Case Of Independent Agencieslegalinfo
This document provides a summary of the legal approaches to defining the purposes of independent agencies. It begins by discussing the historical development of legal personality theory. It then examines the general functions of including purpose provisions, such as communication, direction, and correction. It analyzes how private law has developed purpose theory and how public law uses purpose provisions for accountability. The document then compares the legislative cultures and interpretations of "purpose" in different jurisdictions like the Netherlands, UK, US, France, and EU. Finally, it analyzes the practical effects of purpose provisions in areas like communication, direction, and correction compared to approaches in private law.
Similar to 1 MNGT 140 Business Law I – Open Educational Resource T.docx (17)
1IntroductionThe objective of this study plan is to evaluate.docxrobert345678
1
Introduction
The objective of this study plan is to evaluate the viability of our solution in relation to previously conducted test cases for companies operating in industries analogous to those of our own. In this section, we will concentrate on the manner in which these use cases measure the performance characteristics of various technical and behavioral qualities connected with an investment in technology made on behalf of a business. The viewpoints and data sources of stakeholders will be incorporated into our measuring system. This measurement framework will be utilized by us in order to assess and analyze the overall performance of our product. After the solution has been implemented, we will conduct post-implementation evaluations to determine how the solution affected the organization. The management of change will play a significant role in our overall research agenda. The plan will adhere to a certain format in providing the findings of the data analysis.
Measurement framework
In order to present an all-encompassing picture of performance, the measuring framework must to take into account the many stakeholder viewpoints as well as the various data sources. Perspectives from stakeholders may come from a variety of sources, such as the user community, project managers, or senior leadership. Customer feedback, system logs, and performance statistics are three examples of potential data sources (Thabane, 2009).
The purpose of the measurement framework is to supply stakeholders with viewpoints and data sources that may be utilized to evaluate the effectiveness of an investment in technology. The framework consists of four dimensions: behavioral characteristics, organizational aspects, user factors, and technological qualities (McShane, 2018). To evaluate how well the technology investment is working out, there is a separate set of performance indicators linked with each of the dimensions of the evaluation.
Indicators such as system uptime, reaction time, and throughput are examples of technical qualities. Indicators that make up behavioral qualities include things like user happiness, adoption rates, and the costs of training. Indicators like as return on investment (ROI) and total cost of ownership are included in the category of organizational variables (TCO). The metrics that make up user factors include things like user happiness, adoption rates, and training expenses (McShane, 2018).
The measuring framework draws its information from a variety of data sources, including organizational data, user data, performance data, and financial data. The return on investment (ROI) and total cost of ownership (TCO) of the technological investment may both be calculated using financial data (Jalal, 2017). The uptime, reaction time, and throughput of the system may all be evaluated based on the performance statistics. Data from users may be analyzed to determine factors such as user happiness, adoption rates, and the costs of training (Thabane,.
1Project One Executive SummaryCole Staats.docxrobert345678
1
Project One: Executive Summary
Cole Staats
Southern New Hampshire University
BUS 225: Critical Business Skills for Success
Jennyfer Puentes
November 14, 2022
Project One: Executive SummaryProblem
With the restricted economic activity expected because of the COVID-19 outbreak, and the rise in inflation the revenue for the automobile engine and parts manufacturing industry has been adjusted to decline by 10.9% by the end of 2022 (Pantalon, 2022). Based on the current challenges the automotive industry faces, we must diversify our engine manufacturing and its operations to expand our revenue. In this presentation, I will be using qualitative and quantitative data to explain why I think our company should rapidly explore the ever-evolving and growing popularity of the electric car industry and develop electric motors. I will show the qualitative data which will focus on the industry reports of engine manufacturing inside the automotive industry. The quantitative data that I will provide will estimate the projections for future operations and provide fact-checked historical data on the automotive industry. Automotive Manufacturing Industry
After conducting extensive research into the current automotive industry status, where I focused on the performance and expectations for the industry's future, the 2021 measured revenue of the US car and automobile manufacturing was $75 billion. This is compared to previous years, such as 2020 $69 billion, and in 2019 and 2018 $92 billion (MarketLine 2021). Although we saw a rise from 2020 to 2021 in revenue the automobile manufacturing industry revenue will continue to not keep pace with previous years. As the domestic demand for new vehicles trends higher, three automotive hubs are expected to gain greater traction over the next few years. With that said the US automotive industry is heavily established in the Great Lakes region. This region represents just over 36% of the automobile manufacturers in the US. Some of the most successful automobile making are located here which include the Ford Motor Company, General Motors, and Fiat Chrysler. All these manufacturers are in Michigan which makes up 15% of all automobile manufacturing revenue in the US. With that said there are 2 more regions where automobile manufacturers operate that make up 50% of all us manufacturers' locations. The Regions are the West Region, making up 25.4% of the industry locations, and the Southeast Region, making up 24.6% of the industry locations. After conducting research, the consumer's current mindset is shifting towards a “greener” option for the automobile. This option would have a smaller carbon footprint, providing an increase in producing vehicles that are more environmentally friendly. As a result of this new stance on a “greener” option by the consumer the hybrid and the electric car are gaining popularity and are expected to multiply over the next five years (MarketLine 2018). “In 2025 the North American hybri.
1
Management Of Care
Chamberlain University
NR452: Capstone
Professor Alison Colvin.
Date: November 23, 2022.
Management of Care
Management of care involves organizing, prioritizing, maintaining strict patient confidentiality, providing patient with efficient care, education to patient and families, risk stratification, coordination of care transition and medication management. Patient care management is provided to client by nurses and other health care professionals “Management of the critically injured patient is optimized by a coordinated team effort in an organized trauma system that allow for rapid assessment and initiation of life- preserving therapies. (Cantrell, E., & Doucet, J. 2018). Effective patient care management can impact patient heath more positively, when all healthcare professionals work together to provide quality care in promoting patient centered care. Adequate patient care can prevent readmission or admission, also can reduce distress, total cost of care, improve self-management, disease control and patient overall health.
Patient care is important to patient because its ensure that patient receive the needed possible care they deserve when in the hospital and out of the hospital, patient will feel their demand is understood and listened to if they health needs are met and understood by professionals that know how to manage their health care needs, health care management team member work together to ensure patient safety through effective communication and collaboration, advocating for patient by connecting patient to community and social services resources that will promote their health care needs can be beneficial to patient, environmental and home risk assessment, and effective facilitation of communication between members of the healthcare team.
Nurses play a role in managing a patient health, roles such as: Critical thinking skills, in this case the nurse can recognize any shift in patient health status which plays a significant role in decision making and patient centered care. Time management: delegation, prioritization such as knowing what to do first, what is important, and knowing what task is more important for the patient at a particular time. Patient education is also one of the many role’s nurses do to educate patient on what to expect during a procedure, or during recovery, also teachings on complications or adverse effects of a medication. Clinical reasoning and judgement which will promote quality of health through patient centered care that addresses patient specific health care needs. Holman, H. C., Williams, “et al”. (2019).
References
Cantrell, E., & Doucet, J. (2018). Initial Management of Life-Threatening Trauma.
DeckerMed Critical Care of the Surgical Patient.
https://doi.org/10.2310/7ccsp.2129
Holman, H. C., Williams, D., Johnson, J., Sommer, S., Ball, B. S., Lemon, T.,
& Assessment Technologies Institute. (2019). Nursing leadership
an.
1NOTE This is a template to help you format Project Part .docxrobert345678
This document provides a template for a student to complete a statistical analysis project involving descriptive statistics, hypothesis testing, and regression analysis. The template outlines the content and statistical analyses to be performed on two variables - sales and calls - including descriptive statistics, hypothesis tests, correlation, regression equation, and estimates. The student is instructed to input their results, analyses, and conclusions into the template for their assignment submission.
15Problem Orientation and Psychologica.docxrobert345678
1
5
Problem Orientation and Psychological Distress Among Adolescents: Do Cognitive Emotion Regulation Strategies Mediate Their Relationship?
Student's name; students' names
Department affiliation; university affiliation
Course name; course number
Instructors’ name
Assignment due date
Part One
The development of essential attitudes and abilities that help determine a person's susceptibility to psychological discomfort occurs throughout adolescence's formative years. This particular research aimed to investigate the relationship between problem-solving-oriented and cognitive-behavioral techniques for emotion regulation and levels of psychological discomfort (Speyer etal.,2021).
Notably, the issue of violence among adolescents is increasingly recognized as a severe problem in terms of public health. However, little research has investigated the importance of techniques to control cognitive emotion in teenagers, despite the increased interest in psychographic risk factors for violent conduct. The primary focus of this study will be to investigate the frequency of violent behaviors shown by adolescents and to determine the nature of the connection that exists between specific coping mechanisms for regulating cognition and emotion and various manifestations of aggressive behavior. Using confidential, self-reporting questionnaires, the research will conduct a cross-sectional survey of 3,315 students in grades 7 to 10 to investigate methods by which young adolescents may manage their cognitive processes, emotions, and actions connected to violence. The participants will be notified about the survey, but their personal information will not be public under any circumstances since this would violate ethical standards.
The influence of a father on his children might also vary depending on the gender and age of the kid. For boys, parental psychological distress is related to higher internalizing and externalizing issues throughout early adolescence. This finding lends credence to the notion that this stage of development may be especially significant in father-son exchanges. On the other hand, there is a correlation between maternal and paternal psychological discomfort in early infancy and increased levels of internalizing and externalizing difficulties in females (Speyer et al.,2021). Growing up with a father who struggles with mental illness may make girls more reserved, reducing the possibility that they would acquire issues that are manifested outside their bodies. This is one of the possible explanations.
Part Two
The whole of this project shall be guided by the research questions below: (what is the prevalence of adolescent violent behaviors? what is the relationship between specific strategies to regulate cognitive emotion and forms of violent behavior?)
To help operationalize the variables, a logistic regression model will be used to determine the nature of the connection between specific violent actions .
122422, 850 AMHow to successfully achieve business integrat.docxrobert345678
12/24/22, 8:50 AMHow to successfully achieve business integration - Chakray
Page 1 of 8https://www.chakray.com/how-to-successfully-achieve-business-integration/
How to successfully achieve
business integration
The whole process of integrated
business computing is a big step for
any company. From the moment it
decides to group all systems and
applications, the company must devote
much effort in creating a more
productive environment in accordance
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12/24/22, 8:50 AMHow to successfully achieve business integration - Chakray
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to the environment in which it is
located. Business integration is a
necessity. From many points of view
and experiences, the different strategies
have brought success to many
companies that were therefore
encouraged to carry out the entire
integration process. The benefits speak
for themselves: lower expenses for
systems, automation of processes, less
time spent in work, better control of
information.
-You can’t miss the 7 benefits of
Enterprise Application Integration!-
This is due to the fact that integrated
business computing works better. The
company’s IT works as a stage for the
renewal of its functions. Its capacity for
updating and deleting errors, as well as
cloud adaptation or hybrid operation,
allows it to generate unparalleled
results.
Companies with integrated business
computing are not only more
productive, but they also stand above
their competitors thanks to the great
work capacity they can assume. It
doesn’t matter if the systems they have
are complex, the management is simple
and allows work policies to be fulfilled
and its employees to perform better.
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1PAGE 5West Chester Private School Case StudyGrand .docxrobert345678
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PAGE
5
West Chester Private School Case Study
Grand Canyon University
MGT-420: Organizational Behavior and Management
December 11th, 2022
West Chester Private School
Your introduction should be typed here. It should be at least four sentences and include a thesis statement that introduces all the key points of the paper. Please note that you should follow all APA writing rules within your essay. This means avoid first and second person, do not use contractions, and use citations throughout your paper. The final sentence in your introduction must be a strong thesis statement that introduces every key topic that will be introduced in the paper. Remember that a thesis should be one sentence. Here is an example: In the pages to follow, West Chester Private School (WCPS) will be discussed in the context of open systems, organizational culture, the decision to close and the closure process, the impact of technology and innovation on stakeholders, administration closure options, the plans for future direction of WCPS, along with the four functions of management.
External Environment and Open Systems
There are certain ways in which organizations interact with their external environment (as open systems). These ways rely on the Systems Approach to Management Theory, which perceives an organization as an open system that consists of interdependent and interrelated parts interacting as sub-systems (Jackson, 2017). Generally, organizations rely on the exchange of resources and information with their environments. More so, they cannot hold complete control over their behavior and actions, which are significantly impacted by external forces. For example, an organization may be impacted by various environmental conditions such as government regulations, client demands, and raw material availability. As an open system, an organization can interact with the external environment in the context of inputs, transformations, and outputs. Inputs refer to both human and non-human resources like materials, energy, and information. Transformations refer to the conversion of inputs into outputs. For example, a school can transform a student into an educated individual. Finally, outputs refer to what an organization is giving to the environment.
Internal Environment and Organizational Culture
At the time of the closure, the effectiveness of West Chester Private School (WCPS) as an open system was inadequate. One important factor that impacts the effectiveness of an open system is feedback. Feedback refers to the information that an open system receives from the external environment, which can be used to maintain a system at optimal working conditions or a steady state (Jung & Vakharia, 2019). In the case of WCPS, feedback could be received from parents, teachers, and students. At the time of the closure, none of these stakeholders was consulted. Instead, WCPS made a unilateral decision to close down two campuses without considering the input of parents, te.
12Toxoplasmosis and Effects on Abortion, And Fetal A.docxrobert345678
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Toxoplasmosis and Effects on Abortion, And Fetal Abnormalities
Toxoplasmosis and Effects on Abortion, And Fetal Abnormalities
Abstract
The placenta is an immune-privileged organ that may tolerate antigen exposure without eliciting a strong inflammatory response that could result in an abortion. After that, the pregnancy can progress normally. Th1 answers, characterized by interferon-, are essential for suppressing intracellular infections. Therefore, the maternal immune system finds a catch-22 when intracellular parasites invade the placenta. The pro-inflammatory response required to eradicate the virus carries the danger of causing an abortion. Toxoplasma is a potent parasite that causes lifetime infections and is a leading cause of abortions in people and animals. This paper speculates that the pregnancy outcome may be affected by the Toxoplasma strain and the effectors of the parasite, both of which can modify the signaling pathways of the host cell.
Introduction
Fetuses infected with the protozoan parasite Toxoplasma gondii can develop a disorder known as toxoplasmosis, sometimes called congenital toxoplasmosis. This disease is transmitted from mother to child in the womb. A miscarriage or a stillbirth might happen as a result. A child with this illness may also have significant and progressively deteriorating difficulties in their vision, hearing, motor skills, cognitive ability, and other areas of development. The parasite Toxoplasma gondii is blamed for many pregnancies ending in miscarriage (Arranz-Solís et al., 2021). Most abortions happen in the first trimester of pregnancy or during the early stages of acute sickness. This research aimed to determine if women who had an abortion were more likely to be infected with toxoplasmosis.
To make matters worse, the toxoplasmosis-causing Toxoplasma gondii is an obligate intracellular pathogen that infects nearly every animal species with a thermoregulatory system. Transferring Toxoplasma from one host to another requires the development of tissue cysts that are infectious when ingested. This means the parasite is incentivized to ensure that the host organism lives during the infection. The parasite does this by stimulating an immune response powerful enough to limit parasite reproduction. Toxoplasma, on the other hand, uses a unique set of effectors to evade the immune response and ensure that the parasite population does not decrease to zero.
Results
Type II strains are the most common cause of infection in both animal and human hosts. However, all four clonal lineages of Toxoplasma may be found throughout Europe and North America. It has been established, however, that the bulk of the South American isolates identified is genetically distinct from the strains seen in North America and Europe. Certain sorts of isolates have been labeled as atypical strains. Birth abnormalities apart, type II strains are the most common in Europe and North America, where the great majority of .
122022, 824 PM Rubric Assessment - SOC1001-Introduction to .docxrobert345678
This document contains a rubric used to assess a student's draft and final submission of a sociology project. The rubric evaluates students on criteria such as including an introduction and conclusion, developing body paragraphs with support and examples, using proper grammar and APA style, and submitting a draft for feedback. Points are awarded on a scale from 0 to 40 for each criterion, with 0 being no submission and higher scores reflecting more developed, error-free work. The total possible score is 120 points.
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1 of 1 DOCUMENT
JAMES E. PETERSON, Plaintiff-Appellant, v. HAROLD KENNEDY, RICHARD
A. BERTHELSEN, and NATIONAL FOOTBALL LEAGUE PLAYERS
ASSOCIATION, Defendants-Appellees
No. 84-5788
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
771 F.2d 1244; 1985 U.S. App. LEXIS 23077; 120 L.R.R.M. 2520; 103 Lab. Cas.
(CCH) P11,677
February 6, 1985, Argued and Submitted - Los Angeles, California
September 16, 1985, Decided
PRIOR HISTORY: [**1] Appeal from the United States District Court for the Southern District of California, D.C.
NO. CV-80-1810-N, Honorable Leland C. Nielsen, District Judge, Presiding.
CASE SUMMARY:
PROCEDURAL POSTURE: Plaintiff professional football player appealed from judgments of the United States
District Court for the Southern District of California entered in favor of defendant union on plaintiff's claim for breach
of the duty of fair representation and in favor of defendant attorneys on plaintiff's legal malpractice claim.
OVERVIEW: Plaintiff football player filed suit against defendant union for breach of the duty of fair representation,
alleging that defendant attorneys, who were staff counsel for defendant union, erroneously advised him to file the wrong
type of grievance and failed to rectify the error when there was an opportunity to do so. Plaintiff also claimed that
defendant attorneys committed malpractice. The trial court entered judgment for defendants. On appeal, the court
affirmed. The court found that defendant union did not act in an arbitrary, discriminatory, or bad faith manner and held
that mere negligence or an error in judgment was insufficient to impose liability for breach of the duty of fair
representation. The court affirmed the directed verdict in favor of defendant first attorney because a union attorney may
not be held liable in malpractice to an individual union member for acts performed as the union's agent in the collective
bargaining process. The court affirmed the summary judgment entered in favor of defendant second attorney. The trial
court lacked personal jurisdiction over him because his only contact with the forum state were phone calls and letters.
OUTCOME: The court affirmed the judgment in favor of defendant union because it did not breach its duty of fair
representation. The court affirmed the directed verdict in favor of defendant first attorney because he was not liable in
malpractice to plaintiff football player for acts he performed as the union's agent. The court affi.
121122, 1204 AM Activities - IDS-403-H7189 Technology and S.docxrobert345678
12/11/22, 12:04 AM Activities - IDS-403-H7189 Technology and Society 22EW2 - Southern New Hampshire University
https://learn.snhu.edu/d2l/common/dialogs/nonModal/blank.d2l?d2l_body_type=1&d2l_nonModalDialog_cb=d2l_cntl_68566de1f6094c60a65417448e14cb1f_1&d2l_nonModalDialog_cbwin=68566de1f6094c60a6541744… 1/5
IDS 403 Module Six Activity Rubric
Activity: 6-2 Activity: Reflection: Society
Course: IDS-403-H7189 Technology and Society 22EW2
Name: Jayee Johnson
Criteria Proficient Needs Improvement Not Evident Criterion Score
Reliable Evidence
from Varied Sources
30 / 30
Criterion Feedback
30 points
Integrates reliable
evidence from varied
sources throughout
the paper to support
analysis
22.5 points
Shows progress
toward proficiency,
but with errors or
omissions; areas for
improvement may
include drawing from
a diverse pool of
perspectives, using
more varied sources
to support the
analysis, or
integrating evidence
and sources
throughout the paper
to support the
analysis
0 points
Does not attempt
criterion
12/11/22, 12:04 AM Activities - IDS-403-H7189 Technology and Society 22EW2 - Southern New Hampshire University
https://learn.snhu.edu/d2l/common/dialogs/nonModal/blank.d2l?d2l_body_type=1&d2l_nonModalDialog_cb=d2l_cntl_68566de1f6094c60a65417448e14cb1f_1&d2l_nonModalDialog_cbwin=68566de1f6094c60a6541744… 2/5
Criteria Proficient Needs Improvement Not Evident Criterion Score
You did a good job in integrating evidence and support from outside sources.
Different General
Education Lens
22.5 / 30
Criterion Feedback
You needed to identify an alternative lens through which to view your specific technology. How would your analysis
of your identified technologyʼs role in your event have been different if viewed through this lens?
30 points
Explains at least one
way in which the
analysis might have
been different if
another general
education lens was
used to analyze the
technologyʼs role in
the event
22.5 points
Shows progress
toward proficiency,
but with errors or
omissions; areas for
improvement may
include connecting a
different lens to
technologyʼs role in
the event or
providing more
support of that
connection
0 points
Does not attempt
criterion
12/11/22, 12:04 AM Activities - IDS-403-H7189 Technology and Society 22EW2 - Southern New Hampshire University
https://learn.snhu.edu/d2l/common/dialogs/nonModal/blank.d2l?d2l_body_type=1&d2l_nonModalDialog_cb=d2l_cntl_68566de1f6094c60a65417448e14cb1f_1&d2l_nonModalDialog_cbwin=68566de1f6094c60a6541744… 3/5
Criteria Proficient Needs Improvement Not Evident Criterion Score
Interactions
30 / 30
Criterion Feedback
I thought that you did a really good job here in considering how your analysis of technology might impact your
interactions with those from other cultures or backgrounds.
30 points
Explains how
analyzing the
technologyʼs role in
the event can help
interactions with
those of a different
viewpoint, culture, or
perspectiv.
1. When drug prices increase at a faster rate than inflation, the .docxrobert345678
1. When drug prices increase at a faster rate than inflation, the groups of people that bear the burden of this increase are taxpayers and Medicare beneficiaries. Taxpayers are paying higher taxes as a result of increased government spending, and Medicare beneficiaries cannot keep up with the price of their prescriptions. When it comes to the factors in making a decision about increasing drug prices, I believe Big Pharma companies should act in a socially responsible manner, meaning they should base their decisions not solely on profit, and not solely on healthcare. There should be a balance, and new policies would be beneficial to help maintain that balance.
2. Lower-level employees have the responsibility to provide accurate information to management so that they can make the most informed decision. Lower-level employees also have the responsibility to not purposefully make material mistakes or purposefully not correct a known mistake.
3. Increased government spending will increase taxes for taxpayers and decrease available spending for other worthy issues. Taxpayers will essentially pay more in taxes and therefore have less income available. With drug prices rising faster than inflation, this will cause a widening gap between annual income and costs. Also, private health insurance costs will increase premiums and out of pocket costs for members. The stakeholders most directly impacted are the senior citizens that are dependent on their medication and can’t afford it or any other out of pocket costs because of the already wide gap between their income and expenses. I believe the government itself can be seen as a stakeholder as well because as they continue to increase Medicare funding, their deficit increases, causing them to take action to allocate resources effectively.
4. If the increase in price of existing drugs is preventing those who need those drugs from obtaining them, then to me it is hard to justify the increase based on R&D. There will always be a trade-off between affordable drugs and how quickly we can get new drugs. The government must devise a policy that improves Big Pharma companies’ incentive for affordability
and innovation.
5. Explain what you think each of the following statements means in the context of moral development.
. How far are you willing to go to do the right thing?
1. Stage 6 of moral development is about universal “self-chosen” ethical principles. This stage is about following your conscience even if it violates the law. In thinking of moral development, as time passes, one’s level of ethical reasoning advances and some issues may spark moral outrage that force a response.
. How much are you willing to give up to do what you believe is right?
1. This statement relates to moral development and how sometimes doing the right thing can have negative consequences. For example, an employee may notice a purposeful mistake by a manager. Let’s assume the employee is certain they will receiv.
1. Which of the following sentences describe a child functioning a.docxrobert345678
This document contains a 5 question multiple choice assessment about child language development and metalinguistic abilities. It tests understanding of rhyming, sound identification, syllable segmentation and blending skills in children ages 2-6. These skills develop as children progress from pre-linguistic to metalinguistic levels of language understanding. The document also contains a literature review on factors that impact work-life balance and job satisfaction such as stress, behavioral traits, attachment styles and domain interference/facilitation. It proposes a study using surveys and journaling to identify issues for employees and design interventions to improve work-life balance and performance.
1. How did the case study impact your thoughts about your own fina.docxrobert345678
1. How did the case study impact your thoughts about your own finances?
2. What were your thoughts and observations as you created your own balance sheet?
3. How might the balance sheet help you in future financial planning?
4. How close to reality do you think your estimated personal cash flow statement will be if you track your actual income and expenses for a month?
1. It gave me the desire to track my finances more closely and objectively. I liked how we can determine our net worth through some simple calculations and our inflows and outflows per month. Generally, I rely on simple finance apps like
Mint to track my finances. Currently, I do not create monthly budgets, but I now believe such action could be helpful.
2. I know that I have more assets than I am counting in the excel sheet. Therefore, my net worth is potentially higher. I also have a variety of streaming platforms.
I would benefit from switching from one platform to another month by month to save money. Streaming platforms are not a significant expense. Currently, my most considerable expense is transportation. Since gas prices are falling, this will help increase my surplus.
3. Accounting is math: it either works or doesn’t. Each can be traced from its inception (a sale, an expense, a money transfer) to the line on the financial statement. Since I don’t have much experience with financials, I try to seek out a mentor who is a family member. A balance sheet will ensure that I am not spending foolishly and ensure I am making appropriate purchases within the limits I set for myself. Proper planning will ensure I maximize my net worth.
4. It is important to consider cash flow when planning for the future
. It is important to save money every month in order to be able to make better financial decisions in the future. I hope to use some investing approaches for beginners to purchase funds without getting into debt. Most people underestimate how much they truly spend in a month. Therefore, I am underestimating how much I spend as well. I eat out quite a bit with friends and family, so my restaurant bill for the holidays might be higher than anticipated.
Foreign Policy Association
China and America
Author(s): David M. Lampton
Source: Great Decisions , 2018, (2018), pp. 35-46
Published by: Foreign Policy Association
Stable URL: https://www.jstor.org/stable/10.2307/26593695
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1 The Biography of Langston Hughes .docxrobert345678
1
The Biography of Langston Hughes
Yanai Gonzalez
Ana G Mendez
November 17, 2022
The Biography of Langston Hughes
THE BIOGRAPHY OF LANGSTON HUGHES
2
On February 1, 1901, James Mercer Langston Hughes was born. He was born in
Joplin, Missouri, to James and Caroline Hughes, into a family of enslaved people and
enslavers (Leach, 2004). His father departed from the family, later divorcing their family,
forcing Langston's mother to move to Lawrence, Kansas, with his maternal grandmother. It
was from the latter that Langston learned about African American traditions, installing an
enormous sense of pride into the young man (Hughes et al., 2001). This greatly influenced his
writing, as evidenced by poems such as Mother to Son. He would then go on to join
Columbia University to study engineering, where he would write poetry for the Columbia
Daily Spectator. As a result of racial discrimination, he finally left the school and resided in
Harlem, where he was engulfed by the vibrant feeling of life (Leach, 2004).
Langston began cruising as a crewman aboard the S.S. Malone in 1923, after doing a
few odd jobs. He subsequently took his first white-collar job as Carter G. Woodson's assistant
at the Association for the Study of African American Life and History, a historian. He'd then
leave his work since it didn't enable him to write. He would later work as a busboy. He got
his big writing break when he met Vachel Lindsay, a famous poet of the time, with whom
Langston shared his poetry (Leach, 2004). Lindsay was heavily impressed and helped
Langston reach the big stage. Langston then went on to earn a Bachelor of Arts degree from
Lincoln University.
Langston began his literary career in 1921 by publishing The Crisis in the National
Association for the Advancement of Colored People magazine (Leach, 2004). The poem
Mother to Son was in this book and would go on to get much acclaim. He would go on to
release The Weary Blues along with other novels, short stories, and poems (Hughes et al.,
2001). He participated heavily in the Harlem Renaissance. Langston would pass away on
May 22, 1967, from surgery complications while being treated for prostate cancer.
Mother To Son by Langston Hughes
THE BIOGRAPHY OF LANGSTON HUGHES
3
Well, son, I’ll tell you:
Life for me ain’t been no crystal stair.
It’s had tacks in it,
And splinters,
And boards torn up,
And places with no carpet on the floor—
Bare.
But all the time
I’se been a-climbin’ on,
And reachin’ landin’s,
And turnin’ corners,
And sometimes goin’ in the dark
Where there ain’t been no light.
So boy, don’t you turn back.
Don’t you set down on the steps
’Cause you finds it’s kinder hard.
Don’t you fall now—
For I’se still goin’, honey,
I’se still climbin’,
And life for me ain’t been no crystal stair.
References
THE BIOGRAPHY OF LANGSTON HUGHES
4
Hughes, L., Hubbard, .
1 Save Our Doughmocracy A Moophoric Voter Registratio.docxrobert345678
This document provides a proposal for an event called "Save Our Doughmocracy: A Moophoric Voter Registration & Ice Cream Social Event" hosted by Ben & Jerry's and the Democratic National Committee. The event aims to help people register to vote in Georgia through a fun experience of sampling a new Ben & Jerry's ice cream flavor and connecting with Democratic candidates. The proposal outlines the event goals, strategy, SWOT analysis, target audience, location, timeline, budget, and marketing plan. The key goals are to support voter registration and Ben & Jerry's social mission of advocating for democracy. The event's uniqueness of combining voter registration, politics, and ice cream into one experience gives it a competitive advantage over similar
1 MINISTRY OF EDUCATION UNIVERSITY OF HAIL .docxrobert345678
1
MINISTRY OF EDUCATION
UNIVERSITY OF HAIL
COLLEGE OF ENGINEERING
كلية الهندسة
College of Engineering
Research Proposal Template
Please structure your Research Proposal based on the headings provided below, use a clear and legible font
and observe the page/word limit.
Research Project Title:
Motor Vehicle Safety Defects and Recall System: An Empirical Study in Saudi Arabia
Student Details:
Student Name
Student ID
Email Address
Date of Submission
Research Project
Serial No.
Supervisor Name Supervisor Signature Start Date
Only for College Officials Use
College Approval
Master of Quality Engineering and Management
Research Proposal
2
Master of Quality Engineering and Management 2020-2021
كلية الهندسة
College of Engineering
1- Research Title
Provide a short descriptive title of your proposed research (max. 20 words)
Motor Vehicle Safety Defects and Recall System: An Empirical Study in Saudi Arabia
2- Research Summary
Summarize the aims, significance and expected outcomes of your proposed research (max. 250 words).
It is to set the mechanism for recalling vehicles with manufacturing defects that affect in
one way or another the safety of vehicles and their users, and this is done by linking a
unified system in which the defective vehicle data is added and called in the system to
the maintenance centers of the concerned vehicle agencies. Workmanship defects are
classified as: (1) Basic defects, which are considered to have a serious and direct impact
on the safety of the vehicle and its users, and the inspection process cannot be passed
until after the defect is fixed. (2) Warning defects, which are considered a defect in the
product, but the effect of the defect does not threaten the safety of the vehicle and its
users pass the examination process and the defect is added as a warning only.
This research proposal aims to find the most effective way to reach every defected
vehicle and the effective way to deal with the vehicle owner to do the necessary changes
especially if it's related to safety in a systematic way. The purpose of the project is to
develop a new business model that was never used everywhere in the world and Saudi
Arabia will take the lead to publish this model to the rest of the world. Ensuring that the
practice will be used is the most effective practise as enabling to force the defected car
owner to have their vehicles fixed and the defected was solved.
Master of Quality Engineering and Management
Research Proposal
3
Master of Quality Engineering and Management 2020-2021
كلية الهندسة
College of Engineering
3- Introduction
This section should provide a description of the basic facts and importance of the research area - What is the research
area, the motivation of research, and how important is it for the industry practice/knowledge advancement? (max. 200 .
1
Assessment Brief
Module Code
Module Name Managing Operations and the Supply Chain
Level
7
Module Leader Andrew Gough
Module Code
BSOM046
Assessment title:
AS1: The Future of Work
Weighting: 40%
Submission dates:
13 December 2022, please see NILE (Northampton Integrated
Learning Environment) under Assessment Information
Feedback and Grades
due:
12 January 2023
Please read the whole assessment brief before starting work on the Assessment Task.
The Assessment Task
You will conduct a review of the literature to identify the origins of the concept of the
Technological Unemployment and to chart its development up to the present day.
Following your review, you are to critically evaluate the impact of Technological
Unemployment on a company of your choice.
You will be expected to illustrate your discussion with examples from the trade press
and other authoritative sources.
The word count limit for this assessment is 1800 words (+/- 10%). In line with normal
practice, tables, figures, references and appendices are excluded from this word count.
Pawanrat Meepian
Pawanrat Meepian
2
Assessment Breakdown
1. Establish the scenario for your report by selecting an organisation of any type, sector and
size to focus your report on. Describe:
a) Which organisation is it? (type, sector and size)
b) What are the main products and/or services provided by the organisation?
c) Who are the main customers?
(10% of word count)
2. Prepare a literature review, charting the development of the concept of Technological
Unemployment from its inception until the present day.
Ensure that you include references to at least 10 peer-reviewed articles, including the 2017
paper by Frey and Osborne that has been supplied. You may also find relevant reviews in
the trade press and from other authoritative sources.
(45% of word count)
3. Apply Frey and Osborne’s findings (Appendix A) in the context of your chosen company.
Consider a low impact scenario, when only jobs at high risk (> 70%) are replaced
by technology. How does Frey and Osborne’s study suggest that the company will change?
Compare the predictions implied by Frey and Osborne’s study with the recent work by
Cords and Prettner (2022).
In your view, is Technological Unemployment a net benefit to society?
(45% of word count)
Learning Outcomes
On successful completion of this assessment, you will be able to:
a) Recognise, analyse and critically reflect on key concepts, managerial frameworks
and techniques available to operations managers.
b) Demonstrate conceptual and practical understanding of the opportunities and
constraints that organisational characteristics place on operations managers and on
operational decision making in the supply chain context.
f) Demonstrate ability to relate theory to practice and to identify and proactively
anticipate broader implications for.
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
How to Manage Your Lost Opportunities in Odoo 17 CRMCeline George
Odoo 17 CRM allows us to track why we lose sales opportunities with "Lost Reasons." This helps analyze our sales process and identify areas for improvement. Here's how to configure lost reasons in Odoo 17 CRM
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
BÀI TẬP DẠY THÊM TIẾNG ANH LỚP 7 CẢ NĂM FRIENDS PLUS SÁCH CHÂN TRỜI SÁNG TẠO ...
1 MNGT 140 Business Law I – Open Educational Resource T.docx
1. 1
MNGT 140 Business Law I – Open
Educational Resource Textbook
Authors: Donna, Mandl, JD, Tim Faith, JD, & Jill Burke, MLIS
Preface
This textbook is for use with MNGT 140 Business Law I, a
business law survey course covering a variety of
legal topics, including sources of law, contracts, torts, criminal
law, employment law, agency law, intellectual
property and business ethics. The authors of this open
educational resource text based the content on “Business
and the Legal Environment” located at
http://2012books.lardbucket.org/books/business-and-the-legal-
environment/ pursuant to a Creative Commons license CC BY-
NC-SA. Additional content has been provided
by the authors under the same license, and third party content
has been curated in sections below where noted.
The Second Edition of this text includes updates by the authors
to the content, and includes new legal research
on recent cases and changes to the law since the original edition
was published for use in the classroom in
2018. In addition, new tables and figures have been added to the
text, and a table of cases cited throughout the
text has been added for quick reference.
Materials here are from other sources, but any errors that
2. remain in the content provided remain the
responsibility of the authors.
Preface
...............................................................................................
.................................................................... 1
Figures, Tables & Cases
...............................................................................................
....................................... 4
Introduction: Law and Legal Systems
...............................................................................................
.............. 12
Classifications of Law
...............................................................................................
......................................... 12
What Is Law?
...............................................................................................
................................................... 12
Schools of Legal Thought
...............................................................................................
................................... 12
Legal Positivism: Law as Sovereign Command
.............................................................................................
13
Natural Law
...............................................................................................
..................................................... 13
Types of Laws
...............................................................................................
................................................. 15
Constitutions
...............................................................................................
.................................................... 15
3. Statutes and Treaties in Congress
...............................................................................................
.................... 16
Delegating Legislative Powers: Rules by Administrative
Agencies .............................................................. 16
State Statutes and Agencies: Other Codified Law
......................................................................................... 17
Judicial Decisions: The Common Law
...............................................................................................
............ 17
Civil versus Criminal Cases
...............................................................................................
............................ 18
Substance versus Procedure
...............................................................................................
............................ 19
Governmental Powers
...............................................................................................
........................................ 19
General Structure of the Constitution
...............................................................................................
.............. 19
Separation of Powers and Judicial Review
...............................................................................................
..... 20
Priority of Laws
...............................................................................................
............................................... 22
Commerce Clause
...............................................................................................
............................................ 23
Early Commerce Clause Cases
...............................................................................................
........................ 23
From the New Deal to the New Frontier and the Great
4. Society:1930s–1970 ................................................ 24
The Substantial Effects Doctrine: World War II to the 1990s
....................................................................... 25
Bill of Rights and Businesses
................................................................................ ...............
.............................. 28
First Amendment
...............................................................................................
............................................. 28
Fourth Amendment
...............................................................................................
.......................................... 30
Fifth Amendment
...............................................................................................
............................................. 31
2
Fourteenth Amendment: Due Process and Equal Protection
Guarantees ...................................................... 32
Common Law
............................................................................................. ..
...................................................... 34
Our English Tradition
...............................................................................................
...................................... 34
Equitable Remedies versus Legal Remedies
...............................................................................................
... 35
Legal and Political Systems of the World
...............................................................................................
....... 36
5. Role of Judiciary
...............................................................................................
................................................. 36
Robinson v. Audi
...............................................................................................
............................................. 37
State Court Systems
...............................................................................................
......................................... 38
Limited Jurisdiction Courts
...............................................................................................
............................. 38
General Jurisdiction Courts
.......................................................................................... .....
............................. 39
Appellate Courts
...............................................................................................
.............................................. 39
The Federal Court System
...............................................................................................
............................... 40
Jurisdiction
...............................................................................................
...................................................... 41
Legal Procedure, Including Due Process and Personal
Jurisdiction .............................................................. 46
Alternative Dispute Resolution
................................................................................ ...............
....................... 50
Torts
...............................................................................................
..................................................................... 52
Overview of Tort Law
...............................................................................................
6. ..................................... 52
Definition of Tort
...............................................................................................
............................................ 52
Kinds of Torts
...............................................................................................
.................................................. 53
Dimensions of Tort Liability
...............................................................................................
........................... 53
Damages
...............................................................................................
.......................................................... 55
Intentional Torts Against Persons
...............................................................................................
................... 56
Intentional Torts Against Property
...............................................................................................
.................. 64
Negligence
...............................................................................................
....................................................... 66
Strict Liability
...............................................................................................
.................................................. 72
Criminal Law
...............................................................................................
...................................................... 74
Types of Crimes
...............................................................................................
.............................................. 76
Major Offenses against the Person
...............................................................................................
.................. 76
Theft and Related Property Offenses
7. ...............................................................................................
.............. 78
Offenses against Property and Other Public Order Offenses
......................................................................... 80
The Nature of the Criminal Act
...............................................................................................
....................... 85
Defenses to Criminal Liability
...............................................................................................
........................ 86
Criminal Procedure and Constitutional Safeguards
....................................................................................... 89
Common Law Contracts Introduction
...............................................................................................
.............. 94
The Role of Contracts in Modern Society
...............................................................................................
....... 94
The Definition of Contract
...............................................................................................
.............................. 95
Overview of the Contracts Materials
...............................................................................................
............... 95
Sources of Contract Law
...............................................................................................
................................. 96
Basic Classification of Contracts
...............................................................................................
..................... 98
Formal Contracts v. Informal Contracts
...............................................................................................
.......... 98
Explicitness
...............................................................................................
8. ...................................................... 99
Mutuality
...............................................................................................
....................................................... 100
Enforceability
...............................................................................................
................................................ 101
Terminology: Suffixes Expressing Relationships
........................................................................................ 102
Contract Formation
...............................................................................................
.......................................... 103
Offer and Acceptance – The Agreement
............................................................................. ..................
......... 103
Consideration
...............................................................................................
.................................................... 116
A Definition of Consideration
...............................................................................................
....................... 116
Legal Sufficiency
...............................................................................................
........................................... 117
Promises Enforceable without Consideration
..............................................................................................
122
Legality
...............................................................................................
............................................................... 125
Agreements in Violation of Statute
...............................................................................................
............... 126
9. The Statute of Frauds
...............................................................................................
...................................... 132
3
Defenses to Contract Formation
...............................................................................................
...................... 140
Duress
...............................................................................................
............................................................ 140
Mistake
...............................................................................................
.......................................................... 147
Capacity
...............................................................................................
......................................................... 149
Contract Interpretation, Performance & Breach
.........................................................................................
153
The Parol Evidence Rule
...............................................................................................
............................... 153
Interpretation of Agreements: Practicalities versus Legalities
..................................................................... 155
Discharge by Performance (or Nonperformance) of the Duty
..................................................................... 157
Discharge by Conditions
...............................................................................................
................................... 160
Discharge by Agreement of the Parties
...............................................................................................
10. ............... 162
Discharge When Performance Becomes Impossible or Very
Difficult ................................................................... 163
Third Parties to Contracts
...............................................................................................
............................... 168
Assignment of Rights
...............................................................................................
.................................... 168
Delegation of Duties
...............................................................................................
...................................... 174
Third-Party Beneficiaries
...............................................................................................
.............................. 176
Contract Remedies
...............................................................................................
............................................ 179
Purpose of Remedies
...............................................................................................
..................................... 179
Legal Remedies: Damages
...............................................................................................
............................ 180
Equitable Remedies
...............................................................................................
....................................... 183
Limitations on Contract Remedies
...............................................................................................
................ 185
The Uniform Commercial Code (UCC)
...............................................................................................
.......... 191
11. Scope of the UCC
...............................................................................................
.......................................... 192
Scope of Articles 2 and 2A and Definitions
...............................................................................................
.. 192
Sales Law Compared with Common Law Contracts
................................................................................... 195
Title and Risk of Loss Under the UCC
...............................................................................................
........... 200
Transfer of Title
...............................................................................................
............................................. 200
Goods Identified to the Contract
...............................................................................................
................... 201
Title from Nonowners
...............................................................................................
................................... 204
Risk of Loss
...............................................................................................
................................................... 207
Insurable Interest
...............................................................................................
........................................... 210
UCC Performance & Remedies
...............................................................................................
....................... 211
Performance by the Seller
...............................................................................................
............................. 211
Performance by Buyer
...............................................................................................
12. ................................... 214
Remedies
...............................................................................................
....................................................... 218
Seller’s Remedies
...............................................................................................
.......................................... 219
Buyer’s Remedies
...............................................................................................
.......................................... 222
Excuses for Non-Performance
...............................................................................................
....................... 225
Product Liability & Warranties
...............................................................................................
...................... 226
History of Products-Liability Law
.......................................................................................... .....
................. 226
Current State of the Law
...............................................................................................
................................ 228
Warranties
...............................................................................................
......................................................... 228
Types of Warranties
...............................................................................................
...................................... 229
Problems with Warranty Theory
...............................................................................................
................... 231
Conflict between Express and Implied Warranties
...................................................................................... 232
The Magnuson-Moss Act and Phantom Warranties
13. ..................................................................................... 233
Privity
...............................................................................................
............................................................ 234
Contributory Negligence, Comparative Negligence, and
Assumption of Risk ............................................ 236
Negligence
...............................................................................................
.......................................................... 237
Typical Negligence Claims: Design Defects and Inadequate
Warnings ...................................................... 237
Problems with Negligence Theory
...............................................................................................
................ 238
Strict Liability in Tort
........................................................................................ .......
...................................... 239
Strict Liability Defined
...............................................................................................
.................................. 239
Section 402A Elements
...............................................................................................
................................. 240
4
Agency
...............................................................................................
................................................................ 245
Types of Agents
...............................................................................................
............................................. 245
14. A. Formation & Duties
...............................................................................................
.................................. 248
B. Scope of Agent Authority
...............................................................................................
......................... 253
C. Agent Liability
...............................................................................................
.......................................... 255
D. Principal Liability
...............................................................................................
..................................... 257
E. Terminating the Agency Relationship
...............................................................................................
...... 261
Business Ethics
...............................................................................................
.................................................. 262
How Do Law and Ethics Differ?
...............................................................................................
................... 263
Why Should an Individual or a Business Entity Be Ethical?
....................................................................... 264
Captive Customers
........................................................................................ .......
......................................... 265
What Is Business Ethics?
...............................................................................................
............................... 266
Bringing Ethics to Kickback Textbooks
...............................................................................................
........ 266
Argument and Counterargument
...............................................................................................
................... 267
15. A. Ends v. Means
...............................................................................................
........................................... 269
B. Rights Theories
...............................................................................................
......................................... 269
C. Duty-Based Ethics
...............................................................................................
.................................... 274
D. Duty-Based Ethics - Categorical Imperative
...........................................................................................
279
E. Outcome-Based Ethics
...............................................................................................
.............................. 281
F. Corporate Social Responsibility
...............................................................................................
................ 282
G. Making Ethical Decisions
...............................................................................................
......................... 289
Employment Law
...............................................................................................
.............................................. 292
Employment at Will
...............................................................................................
...................................... 292
Contract Modification of Employment at Will
............................................................................................
294
A. Employment Statutes
...............................................................................................
................................ 294
B. Workers Compensation
...............................................................................................
16. ............................. 300
C. Employment Discrimination
...............................................................................................
..................... 306
D. Enforcing Title VII / EEOC
...............................................................................................
...................... 315
Intellectual Property
...............................................................................................
......................................... 319
A. Patents
...............................................................................................
....................................................... 321
B. Trademarks
...............................................................................................
............................................... 325
C. Copyright
...............................................................................................
.................................................. 333
D. Trade Secrets
...............................................................................................
............................................ 336
Figures, Tables & Cases
Figure 1 Basic Organization of Federal Government
......................................................................................... 20
Figure 2 Examples of Different Levels of Scrutiny Under 14th
Amendment .................................................... 33
Figure 3 The Federal Judicial Circuits
...............................................................................................
................. 41
Figure 4 Dimensions of Tort Liability
...............................................................................................
17. ................. 54
Figure 5 Contract Sources of Law
...............................................................................................
....................... 98
Figure 7 When Is Communication Effective?
...............................................................................................
.... 113
Figure 8 Contracts Required to Be in Writing
...............................................................................................
... 134
Figure 9 Assignment of Rights
...............................................................................................
.......................... 169
Figure 10 Successive Assignments
...............................................................................................
.................... 173
Figure 11 Delegation of Duties
...............................................................................................
.......................... 175
Figure 12 Governing Law of Contracts
...............................................................................................
............. 194
Figure 13 Sales by Nonowners
...............................................................................................
.......................... 204
Figure 14 Voidable Title
...............................................................................................
.................................... 206
Figure 15 Entrustment
...............................................................................................
........................................ 207
5
18. Figure 16 Broken Smart Phone Needs Repair
...............................................................................................
... 226
Figure 17 Major Products Liabilities Theories
...............................................................................................
.. 228
Figure 18 "Money Back Guarantee"
...............................................................................................
.................. 229
Figure 19 Chain of Distribution
...............................................................................................
......................... 235
Figure 20 The Reasonable Design Balance
.............................................................................................. .
....... 238
Figure 21 Differences between Warranty & Strict Liability
............................................................................. 240
Figure 22 Principal's Tort Liability
...............................................................................................
.................... 258
Figure 23 "Pollution!" by aguscr License CC BY 2.0
...................................................................................... 283
Figure 24 An Advertisement for PSA Airlines
...............................................................................................
.. 317
Figure 25 Top Cell Phone Manufacturers Revenue Comparison
..................................................................... 320
Figure 26 The “Air Phone No. 4”
...............................................................................................
...................... 320
Figure 27 McDonald's Trademark
...............................................................................................
..................... 325
Figure 28 Categories of Trademark Protection
...............................................................................................
.. 327
19. Figure 29 OPI's Nail Polish Bottle
...............................................................................................
..................... 329
Figure 30 Realtor Trademark
...............................................................................................
............................. 329
Figure 31 Hummer H2 Grill
...............................................................................................
............................... 331
Figure 32 Jeep Grill
...............................................................................................
............................................ 332
Figure 33 Adbusters Parody of Absolut Vodka Print Ads
................................................................................ 332
Table 1 Sources of US Law
...............................................................................................
................................. 14
Table 2 Differences Between Civil and Criminal Cases
..................................................................................... 18
Table 3 Subject Matter Jurisdiction over Tort and Contract
Cases in Maryland ................................................ 44
Table 4 Sample Conflict-of-Law Principles
...............................................................................................
........ 46
Table 5 Summary of Intentional Torts
...............................................................................................
................. 56
Table 6 Theories of Negligence
...............................................................................................
........................... 66
Table 7 Major Crimes
...............................................................................................
.......................................... 76
Table 8 Summary of Provisions of Computer Fraud and Abuse
20. Act (CFAA) ................................................... 84
Table 9 Summary of Constitutional Criminal Protections
.................................................................................. 90
Table 10 Fourth Amendment Warrant Exceptions
.............................................................................................
91
Table 11 Types of Contracts
...............................................................................................
.............................. 100
Table 12 Summary of Defenses to Contract Formation
................................................................................... 140
Table 13 Exceptions to Parol Evidence Rule
...............................................................................................
..... 154
Table 14 Five Types of Agents
...............................................................................................
.......................... 245
Table 15 Summary of Agent's Duties to Principal
............................................................................................
251
Table 16 Unemployment Filing and Base Periods
............................................................................................
297
Table 17 Maximum Death Benefits
...............................................................................................
................... 303
Cases
Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995).
.............................................................................. 313
Adler v. American Standard Corp., 291 Md. 31 (1981)
................................................................................... 292
Adobe Systems, Inc. v. Gardiner, 300 F. Supp. 3d 718 (D. Md.
2018) ............................................................ 254
21. Aerotek, Inc. v. Obercian, 377 F .Supp. 3d 539, 546 (D. Md.
2019) ........................................................ 129, 130
Aldana v. Colonial Palms Plaza, 591 So.2d 953 (Fla. Ct. App.
1991) ....................................................... 170
Allegis Group, Inc. v. Jordan, 951 F.3d 203 (4th Cir. 2020)
........................................................................ 129
Allen A. Funt Productions, Inc. v. Chemical Bank, 63 A.D.2d
629(N.Y. App. Div. 1978) ............................. 253
Amazon.com v. Barnesandnoble.com, 239 F.3d 1343 (Fed. Cir.
2001) ........................................................... 322
Amer. Medicinal Spirits Co. v. Baltimore, 165 Md. 128, 166 A.
407 (1933) ................................................... 110
American Legion v. Humanist Association, 139 S.Ct 2067
(2019) .................................................................... 29
Arizona v. Gant, 556 U.S. 332 (2009)
...............................................................................................
................. 91
6
Atlas Air v. General Electric, 791 N.Y.S.2d 620 (N.Y. App.
Div. 2005) ................................................... 244
Atty. Gen. of New York v. Soto-Lopez, 476 US 898 (1986)
............................................................................. 34
Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990)
.................................................................... 29
Autry v. Republic Productions, 180 P.2d 144 (Cal. 1947)
........................................................................... 165
Bacon v. Volvo Service Center, Inc., 266 Ga. App. 543 (Ga. Ct.
App. 2004) .................................................. 250
Baltimore Police Dept. v. Cherkes, 140 Md. App. 282, 780 A.2d
410 (2001) ................................................. 258
Barbano v. Madison County , 922 F.2d 139 (2d Cir. 1990)
............................................................................. 309
22. Barnes v. Euster, 240 Md. 603, 214 A.2d 807 (1965)
.................................................................................. 110
Barnes v. Treece, 549 P.2d 1152, 1155 (Wash. Ct. App. 1976)
.................................................................. 104
Bartlett v. Dept. of Transp., 40 Md App. 47, 388 A.2d 930
(1978) ............................................................ 148
Bayer Co. v. United Drug Co., 272 F. 505, 510 (S.D.N.Y. 1921)
.................................................................... 326
Bellard v. State, 452 Md. 467 (2017);
...............................................................................................
.................. 93
Betts v. Ann Arbor Public Schools, 403 Mich. 507 (1978)
............................................................................... 305
Bindagraphics, Inc. v. Fox Grp., Inc., 377 F. Supp. 3d 565 (D.
Md. 2019) ............................................... 129
BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996)
............................................................................. 33
Board of Control of Eastern Mich. Univ. v. Burgess, 206
N.W.2d 256 (Mich. 1973) .............................. 118
Borel v. Fibreboard Paper Products Corp., 493 F.2d 1076, 1105-
06 (5th Cir. 1973) .............................. 241
Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020)
.......................................................................... 308
Bovard v. American Horse Enterprises, 201 Cal. App. 3d 832
(Cal. Ct. App. 1988) ............................... 126
Breslin v. Powell, 26 A.3d 878, 891 (Md. 2011)
...............................................................................................
. 22
Brooks v. Euclid Systems Corp., 151 Md. App. 487, 827 A.2d
887 (2003) ..................................................... 248
Brooks v. Lewin Realty, 835 A.2d 616 (Md. 2003)
............................................................................................
68
Brown v. Board of Education, 347 U.S. 483 (1954)
................................................................................... 33, 306
Brzonkala v. Morrison, 529 U.S. 598 (2000).
23. ...............................................................................................
...... 26
Bucholtz v. Bert Goodman Signs, Inc., 234 Md. 471, 199 A.2d
915 (1964). ................................................... 261
Buckley v. Valeo, 424 US 1 (1976)
.................................................................................... ...........
..................... 29
Burger King v. Rudzewicz, 471 U.S. 462 (1985)
...............................................................................................
31
Burkhouse v. Duke, 190 Md. 44, 46 57 A.2d 333, 334 (1948)
......................................................................... 257
Burlington Industries v. Ellerth, 524 U.S. 742 (1988)
.............................................................................. 310, 312
Burton v. Artery Co., 279 Md. 94, 367 A.2d 935 (1976)
.................................................................................. 194
Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014)
............................................................................ 30
Bush v. Gore, 531 U.S. 98 (2000)
...............................................................................................
........................ 21
Buxton v. Buxton, 363 Md. 634, 770 A.2d 152 (2001).
.................................................................................... 250
C. W. Blomquist & Co. v. Capital Area Realty Investors Corp.,
270 Md. 486, 494, 311 A.2d 787 (1973) ..... 159
Capitol Records, Inc. v. Thomas-Rassett, 799 F.Supp.2d 999 (D.
Minn. 2011). ............................................. 335
Carozza v. Peacock Land Corp., 231 Md. 112, 121, 188 A.2d
917, 921 (1963) ....................................... 146
Carpenter v. U.S., 138 S. Ct. 2206, 2223 (2018)
...................................................................................... .........
. 91
Cefaratti v. Aranow, 141 A.3d 752, 758 (Conn. 2016)
..................................................................................... 249
Central GMC, Inc. v. Helms, 303 Md. 266, 492 A.2d 1313
(1985) ................................................................. 193
24. Checket-Columbia Co. v. Lipman, 201 Md. 494, 94 A.2d 433
(1953) ....................................................... 129
Chesapeake Bank of Md. v. Monro Muffler/Brake, Inc., 166 Md.
App. 695, 707, 891 A.2d 384, 391
(2006)
...............................................................................................
............................................................ 160
Christy v. Pilkinton, 273 S.W.2d 533 (Ark. 1954)
........................................................................................ 165
Citizens United v. Federal Election Commission 558 U.S. 310
(2010), ...................................................... 21, 29
Clow Water Systems Co. v. National Labor Relations Board, 92
F.3d 441 (6th Cir. 1996) ....................... 114
Cnty Commr’s of Caroline Cnty v. J. Roland Dashiel & Sons.
Inc., 358 Md. 83, 747 A.2d 600 (2000) ... 99, 100
Cochran v. Norkunas, 398 Md. 1, 919 A.2d 700 (2007)
.................................................................................. 114
Cockrell v. Pearl River Valley Water Supply Dist., 865 So. 2d
357 (Miss. 2004). .......................................... 260
Colonial Dodge v. Miller, 362 N.W.2d 704 (Mich. 1984).
.............................................................................. 218
Commissioner of Patents v. Chakrabarty, 444 U.S. 1028 (1980)
.................................................................... 322
Cook v. Hollyday, 185 Md. 656, 45 A.2d 761 (1946)
.................................................................................. 141
Cooper v. California, 386 U.S. 58 (1967)
...............................................................................................
........... 93
County Commr’s for Carroll County v. Forty West Bldrs., Inc.,
178 Md. App. 328, 941 A.2d 1181 (2008) .... 95
7
25. Creamer v. Helferstay, 294 Md. 107, 121, 448 A.2d 332, 339
(1982) ....................................................... 147
CR-RSC Tower I, LLC v. RSC Tower I, LLC, 202 Md. App.
307, 332-33, 32 A.3d 456, 471 (2011) .............. 188
Cruzan v. Missouri Department of Health, 497 US 261 (1990)
......................................................................... 32
De La Hoya v. Slim’s Gun Shop, 146 Cal. Rptr. 68 (Cal. App.
Dep’t Super. Ct. 1978) ............................ 225
Dedeaux v. Young, 170 So.2d 561 (Miss. 1965)
..............................................................................................
118
Denney v. Reppert, 432 S.W.2d 647 (Ky. 1968)
...........................................................................................
121
Dep't of Hous. & Cmty. Dev. v. Mullen, 165 Md. App. 624, 886
A.2d 900 (2005) ......................................... 158
Diamond v. Diehr, 450 U.S. 175 (1981)
...............................................................................................
............ 322
Diaz v. Pan American World Airways, Inc., 442 F.2d 385 (5th
Cir. 1971), ..................................................... 312
Dimension Funding, L.L.C. v. D.K. Associates, Inc., 191 P.3d
923, 927 (Wash. Ct. App. 2008) ............ 206
Dodson v. Shrader, 824 S.W.2d 545 (Tenn. 1992)
....................................................................................... 151
Donovan v. Scuderi, 51 Md. App. 217, 443 A.2d 121 (1982)
..................................................................... 128
Dow Chemical v. U.S., 476 U.S. 227 (1986)
...............................................................................................
....... 30
Duffin v. Idaho Crop Imp. Ass’n, 895 P.2d 1195 (Idaho 1995).
.................................................................. 244
Duncan v. General Motors Corporation, 499 F.2d 835 (8th Cir.
1974) .......................................................... 310
Dynacorp Ltd. v. Aramatel Ltd., 208 Md. App. 403, 477, 56
A.3d 631, 675 (2012) ................................. 149
26. Eastman v. Stanley Works, 180 Ohio App. 3d 844 (Ohio App.
2009) ............................................................. 243
eBay, Inc. v. Merc Exchange, LLC, 547 U.S. 388 (2006)
................................................................................. 324
EBWS, LLC v. Britly Corp., 928 A.2d 497 (Vt. 2007)
.................................................................................. 187
Ehrman v. Mann, 979 So.2d 1011 (Fla. Ct. App. 2008)
............................................................................... 147
Eichenwald v. Rivello, 318 F. Supp. 3d 766 (D. Md. 2018)
............................................................................... 57
Epstein v. Giannattasio, 197 A.2d 342 (Conn. 1963)
....................................................................................... 194
Erdman v. Johnson Bros. Radio & Television Co., 260 Md. 190,
196-97, 271 A.2d 744, 747 (1970) ............ 237
Estate of Timko v. Oral Roberts Evangelistic Assn., 215 N.W.2d
750 (Mich. Ct. App. 1974) ................. 123
Fairbanks v. Snow, 13 N.E. 596, 598 (Mass.1887)
..........................................................................................
140
Faragher v. City of Boca Raton, 524 U.S. 775 (1998)
..................................................................................... 312
Fed. Express Corp. v. Fed. Espresso, Inc., 201 F.3d 168 (2nd
Cir. 2000). ....................................................... 330
Finch v. Holladay-Tyler Printing, Inc., 322 Md. 197, 202 (1991)
................................................................... 292
First State Bank of Sinai v. Hyland, 399 N.W.2d 894 (S.D.
1987) ............................................................. 152
Fort Gratiot Sanitary Landfill v. Michigan Dep’t of Natural
Resources, 504 US 353 (1992) ........................... 27
Fort Myer Constr. Corp. v. Banneker Ventures, LLC, No. 1916,
2017 Md. App. LEXIS 1041, at 41 (App. Oct.
10, 2017)
...............................................................................................
........................................................ 159
Fortune v. National Cash Register Co., 364 NE 2d 1251 (Mass.
27. 1977). ......................................................... 294
Furman v. Georgia, 408 U.S. 238 (1972)
...............................................................................................
............. 93
G. H. Mumm Champagne v. Eastern Wine Corp., 52 F.Supp. 167
(S.D.N.Y. 1943) ....................................... 254
Gamble v. Woodlea Constr. Co., 246 Md. 260, 267, 228 A.2d
243, 246 (1967) ............................................. 158
Garay v. Overholtzer, 332 Md. 339, 631 A.2d 429 (1993)
.......................................................................... 150
Gastonia Personnel Corp. v. Rogers, 172 S.E.2d 19 (N.C. 1970)
.............................................................. 150
General Accident Fire & Life Assurance Corp v. Pro Golf
Association, 352 N.E.2d 441 (Ill. App. 1976) ... 247,
248
Gladding v. Langrall, Muir & Noppinger, 285 Md. 210, 401
A.2d 662 (1979) .............................................. 197
Glenn v. General Motors Corp., 841 F.2d 1567 (11th Cir.1988)
..................................................................... 314
Goldkist, Inc. v. Brownlee, 355 S.E.2d 773, 775-76 (Ga. App.
1987) ........................................................ 199
Gonzalez v. Raich, 545 U.S. 1 (2005)
...............................................................................................
................. 26
Green v. Hall, 355 Md. 488, 735 A.2d 1039 (1999)
.........................................................................................
248
Green v. Shoemaker, 111 Md. 69 (1909),
...............................................................................................
............ 58
Greenman v. Yuba Power Products, Inc., 377 P.2d 897 (Cal.
1963). ................................................................. 73
Gregg v. Georgia, 428 U.S. 153 (1976).
...............................................................................................
.............. 93
28. Griggs v. Duke Power Co., 401 U.S. 424 (1971),
.................................................................................... 309,
311
Grinder v. Bryans Road & Bldg. Supply Co., 290 Md. 687, 707-
08, 432 A.2d 453, 464 (1981) ..................... 257
Grip Nut Co. v. Sharp, 150 F.2d 192 (7th Cir. 1945),
...................................................................................... 252
Griswold v. Connecticut, 381 U.S. 479 (1965)
...............................................................................................
.... 32
Gross v. FBL Financial Services, Inc., 557 U.S. 167 (2009)
........................................................................... 313
8
Guerand v. Dandelet, 32 Md. 561 (1870); Griffin v. Guy, 172
Md. 510, 192 A. 359 (1937) ................... 129
Hadley v. Baxendale, 9 Ex. 341, 354, 156 Eng. Rep. 145, 151
(1854) ....................................................... 186
Hall v. Prince George’s Co. Democratic Central Comm., 431
Md. 108, 64 A.3d 210 (2013) ........................ 108
Hammer v. Dagenhart, 247 U.S. 251 (1918)
...............................................................................................
. 23, 24
Harrington v. Bochenski, 140 Md. 24, 31, 116 A. 836, 839
(1922) ............................................................ 132
Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993)
.........................................................................................
310
Head & Seemann, Inc. v. Gregg, 311 N.W.2d 667, 670 (Wis. Ct.
App. 1981) ................................................ 190
Hearn v. Hearn, 177 Md App. 525, 541-43, 936 A.2d 400 (2007)
.................................................................. 154
Hearst Corp. v. Hughes, 297 Md. 112, 130 (1983).
29. ...........................................................................................
61
Hipolite Egg Co. v. United States, 220 US 45 (1911),
....................................................................................... 24
Hishon v. King & Spalding, 467 U.S. 69 (1984).
.............................................................................................
308
Hochster v. De La Tour, 2 Ellis & Blackburn 678 (Q.B. 1853)
.................................................................. 159
Hoke v. United States, 227 US 308 (1913)
...............................................................................................
.......... 24
Holloway v. Faw, Casson & Co., 319 Md. 324, 572 A.2d 510,
515 (Md. 1990) ............................................. 129
Howe Scale Co. v. Wychoff, 198 U.S. 118 (1905).
...........................................................................................
328
Hunt v. Washington Apple Advertising Commission 432 U.S.
333 (1977) ....................................................... 27
ICENY USA. LLC v. M&M’s, LLC, 421 F. Supp. 3d 204 (D.
Md. 2019) ................................................... 129
Idaho Power Co. v. Westinghouse Electric Corp., 596 F.2d 924,
928 (9th Cir. 1979). ............................ 243
Ikeda v. Curtis, 261 P.2d 684 (Wash. 1951)
...............................................................................................
... 143
In re Bilski, 545 F.3d 943 (Fed. Cir. 2008)
........................................................................................ .......
........ 323
In re Johns-Manville Corp., 36 B.R.727 (Bankr. S.D.N.Y 1984)
............................................................... 241
Ingersoll v. Martin, 58 Md. 67, 77 (1882)
...............................................................................................
...... 123
Inmi-Etti v. Aluisi, 63 Md. App., 492 A.2d 917 (1985)
.................................................................................... 205
30. International Shoe Co. v. Washington, 326 U.S. 310 (1945).
............................................................................ 48
Jackson v. Metropolitan Edison Co., 419 US 345 (1974)
................................................................................... 28
Joel v. Morrison, 6 Carrington & Payne 501 (1833)
........................................................................................ 259
Johnson v. Santa Clara County Transportation Agency, 480 U.S.
616 (1987) ................................................ 312
Kaiser Steel Corp. v. Westinghouse Electric Corp., 55 Cal. App.
3d 737 (Cal. Ct. App. 1976). ............. 239, 243
Kassel v. Consolidated Freightways, 450 US 662 (1981)
.................................................................................. 27
Katko v. Briney, 183 N.W.2d 657 (Iowa 1971)
...............................................................................................
... 64
Katz v. U.S., 389 U.S. 347 (1967)
...............................................................................................
........................ 91
Katzenbach v. McClung, 379 US 294 (1964)
...............................................................................................
...... 25
Kelo v. City of New London, 545 US 469 (2005)
..............................................................................................
31
Kimel v. Florida Board of Regents, 528 US 62 (2000)
................................................................................ 21, 28
King v. Bankerd, 303 Md. 98, 492 A.2d 608 (1985)
................................................................................ 246, 250
Kirkham v. Smith, 23 P.3d 10, 13 (Wash. Ct. App. 2001)
............................................................................ 147
Kirtsaeng v. John Wiley & Sons. Inc., 133 S. Ct. 1351 (2013).
........................................................................ 334
Klein v. Pyrodyne Corporation, 810 P.2d 917 (Wash. 1991)
............................................................................. 72
Kornblut v. Chevron Oil Co., 62 A.D.2d 831 (N.Y. 1978)
.......................................................................... 178
31. Kyllo v. U.S., 533 U.S. 27 (2001)
...............................................................................................
......................... 91
Laaperi v. Sears, Roebuck & Co., Inc., 787 F.2d 726 (1st Cir.
1986) ......................................................... 238
Lampton v. LaHood, 94 Md. App. 461, 483, 617 A.2d 1142,
1152 (1993) ...................................................... 255
Lawrence v. AS Abell Co., 475 A. 2d 448 (Md. 1984)
....................................................................................... 62
Lawrence v. Texas, 539 U.S. 558 (2003).
...............................................................................................
............ 32
Leaders of a Beautiful Struggle v. Balt. Police Dep’t, No. 20-
1495 (4th cir. 2021 en banc) .............................. 91
Lefkowitz v. Great Minn, Surplus Store, 86 N.W.2d 689 (Minn.
1957) ........................................................... 105
Leisner v. Finnerty, 252 Md. 558, 564, 250 A.2d641 (1969)
........................................................................... 163
Lemlich v. Board of Trustees for Harford Community College,
282 Md. 495, 385 A.2d 1185 (1978) .... 162
Lemon v. Kurtzman, 403 U.S. 602 (1971)
...............................................................................................
........... 29
Lesher v. Strid, 996 P.2d 988 (Or. Ct. App. 2000)
....................................................................................... 146
Lester v. Albers Super Markets, Inc., 94 Ohio App. 313 (1952)
........................................................................ 57
Lindenmuth v. McCreer, 165 A.3d 544, 558 (Md. Ct of Spec.
App. 2017). ...................................................... 63
Lochner v. New York, 198 U.S. 45 (1905)
...............................................................................................
.......... 31
9
32. Loving v. Virginia, 388 U.S. 1, 12 (1967)
...............................................................................................
............ 32
Lynn v. Magness, 191 Md. 674, 682, 62 A.2d 604, 608 (1948)
........................................................................ 152
Lyon v. Carey, 533 F.2d 649 (Cir. Ct. App. DC 1976)
..................................................................................... 259
Makovi v. Sherwin-Williams Co., 75 Md. App. 58 (1988)
............................................................................... 294
Mapp v. Ohio, 367 U.S. 643 (1960)
...............................................................................................
..................... 28
Marbury v. Madison, 5 U.S. 137 (1803)
...............................................................................................
.............. 21
Marquette v. First Omaha Service Corp., 439 U.S. 299 (1978)
.................................................................. 127
Martens Chevrolet v. Seney, 292 Md. 328 (1982)
...................................................................................... 59,
145
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973),
............................................................................. 308
McNally v. U.S., 483 U.S. 350 (1987)
...............................................................................................
................. 81
Meggs v. Central Supply Co., 159 Ind. App. 431 (Ind. Ct. App.
1974) ............................................................ 255
Menzel v. List, 246 N.E.2d 742 (N.Y. 1969)
...............................................................................................
.... 231
Meritor v. Vinson, 477 U.S. 57 (1986)
...............................................................................................
....... 310, 317
Merritt v. Craig, 130 Md. App. 350, 746 A.2d 923 (2000)
................................................................. 147, 190
33. Meyer v. State Farm Fire & Cas. Co., 85 Md. App. 83, 90, 582
A.2d 275, 278 (1990) .................................. 130
Minh-Vu Hoang v. Hewitt Ave. Assocs., LLC, 177 Md. App.
562, 594-95, 936 A.2d 915 (2007) ................... 182
Minor v. Chase Auto Finance Corporation, 372 S.W.3d 762
(Ark. 2010) ................................................. 163
Miranda v. Arizona, 384 U.S. 436 (1966),
...............................................................................................
.......... 92
Montauk Corp. v. Seeds, 215 Md. 491, 499, 138 A.2d 907
(1958) .................................................................. 166
Montgomery Cablevision Ltd. v. Beynon, 696 A.2d 941, 503
(Md. Ct. Spec. App. 1997). ............................... 58
Moseley v. Secret Catalogue, 537 U.S. 418 (2003)
..........................................................................................
331
MPC Inc. v. Kenny, 279 Md. 29 (1977).
...............................................................................................
............. 49
Nassau Hotel Co. v. Barnett & Barse Corp., 147 N.Y.S. 283
(1914) ............................................................... 172
New York Times v. Sullivan, 376 U.S. 254 (1964)
...................................................................................... 29,
62
NLRB v. Jones & Laughlin Steel Corporation, 301 U.S. 1
(1937) .............................................................. 24, 25
North River Homes, Inc., v. Borsage, Mississippi, 594 So.2d
1153 (Miss. 1992) ............................................ 217
Obergefell v. Hodges, 576 U.S. 644 (2015)
...............................................................................................
......... 32
Okwa v. Harper, 757 A. 2d 118, 130 (Md. 2000)
...............................................................................................
60
Oliver v. U.S., 466 U.S. 170 (1984)
...............................................................................................
34. ..................... 91
Oregon v. Hass, 420 U.S. (1975
...............................................................................................
.......................... 93
Oregon Waste Systems v. Department of Environmental Quality,
511 US 93 (1994) ....................................... 27
Orr v. Wal-Mart Stores, Inc., 297 F.3d 720 (8th Cir. 2002),
............................................................................ 314
Otis F. Wood v. Lucy, Lady Duff-Gordon, 118 N.E. 214, 215
(N. Y. 1917) .............................................. 122
Our Lady of Guadalupe Sch. v. Morrissey-Berru, 140 S. Ct.
2049 (2020). ..................................................... 309
Owens-Illinois, Inc. v. Zenobia, 325 Md. 420, 469, 601 A.2d
633, 657 (1992) ......................................... 182
Pacific Custom Pools, Inc. v. Turner Construction, 94 Cal. Rptr.
2d 756 (Cal. App. Div. 2000) ............ 131
Palmore v. Sidoti, 466 US 429 (1984)
...............................................................................................
................. 34
Palsgraf v. Long Island Railroad, 248 N.Y. 339, 162 N.E. 99
(1928) .......................................................... 68, 69
Panitz v. Panitz, 144 Md. App. 627, 799 A.2d 452 (2002)
.......................................................................... 166
Park’N Fly, Inc. v. Dollar Park and Fly, Inc., 469 U.S. 189
(1985) ................................................................ 328
Parker v. Twentieth Century-Fox Corp., 3 Cal. 3d 176 (Cal.
1970) ........................................................... 188
Pavel Enters. v. A. S. Johnson Co., 342 Md. 143, 166, 674 A.2d
521, 532 (1996). ................................. 102, 109
Pelman v. McDonald’s Corp., 237 F.2d 512 (S.D.N.Y. 2003).
.......................................................................... 74
Pettiford v. Next Generation Trust Ser., 467 Md. 624, 652, 226
A.3d 15, 31 (2020) ................................ 116
Piscatelli v. Smith, 35 A.3d 1140, 1152 (Md. 2012)
...........................................................................................
61
35. Pittsley v. Houser, 875 P.2d 232 (Idaho Ct. App. 1994)
.................................................................................. 194
Plank v. Cherneski, 469 Md. 548, 582, 231 A.3d 436, 456
(2020) ............................................................. 157
Plessy v. Ferguson, 163 US 537 (1896)
...............................................................................................
....... 33, 306
Potter v. Musick, 247 Md. 39, 40-41, 230 A.2d 91, 92 (1967)
.................................................................... 149
Precision Small Engines, Inc. v. City of Coll. Park, 457 Md.
573, 179 A.3d 1019 (2018). ............................. 176
Prince George’s Co. v. Silverman, 58 Md. App. 41, 57, 472
A.2d 104, 112 (1984). ...................................... 111
Prince v. Massachusetts, 321 U.S. 158 (1944)
...............................................................................................
..... 30
Pugh v. See’s Candies, Inc., 116 Cal. App. 3d 311, 328 (Cal.
Court of Appeal 1st App. Div. 1981). ............. 294
10
Pym v. Campbell, 119 Eng. Rep. 903 (Q.B. 1856)
...........................................................................................
154
Quality Inns International, Inc. v. McDonald’s Corporation, 695
F. Supp. 198 (D. Md. 1988) ............. 328, 330
RAD Concepts, Inc. v. Wilks Precision Instrument Co., 167 Md.
App. 132, 891 A.2d 1148 (2006) ............... 160
Raimondo v. Van Vlerah, 325 N.E.2d 544, 548 (Ohio 1975)
...................................................................... 130
Ramos v. Louisiana, 590 U.S. 1390 (2020).
...............................................................................................
.. 28, 89
Ramos v. Wheel Sports Center, 409 N.Y.S.2d 505 (N.Y. Civ.
36. Ct. 1978) ......................................................... 209
Reece v. Reece, 239 Md. 649 (1965)
........................................................................................... ....
............... 122
Reed v. King, 145 Cal. App. 3d 261 (Cal. App. Div. 1983)
......................................................................... 143
Register.com, Inc. v. Verio, Inc., 356 F.3d 393, 404 (2nd cir.
2004) ................................................................... 65
Ricci v. DeStefano, 557 U.S. 557 (2009).
...............................................................................................
.......... 316
Ritz-Craft Corp. v. Stanford Mgt. Group, 800 F. Supp. 1312 (D.
Md. 1992) .................................................. 196
Robinson v. New York Commodities Corp., 58 A.D.2d 924
(N.Y. App. Div. 3rd 1977) ................................. 247
Roche v. Stern, 675 N.Y.S.2d 133 (1998),
...............................................................................................
........... 58
Rocky Mountain Hospital and Medical Services v. Mariani, 916
P.2d 519 (Colo. 1996) ................................ 293
Roger’s Refrigeration Co. v. Pulliam’s Garage, Inc., 66 Md.
App. 675, 505 A.2d 878 (1986) ...................... 127
Rose v. Vulcan Materials Co., 194 S.E.2d 521 (N.C. 1973)
........................................................................ 174
Rosebrook v. Eastern Shore Emergency Physicians, LLC, 221
Md. App. 1, 108 A.2d 423 (2015) ................ 262
Ruhl v. F.A. Bartlett Tree Expert Co., 245 Md. 118, 225 A.2d
288, 291 (Md. 1967) ...................................... 129
Ruiz v. Kinoshita, 239 Md. App. 395, 424, 197 A.3d 47, 64
(2018) ................................................................ 153
Rulon-Miller v. International Business Machines Corp., 162
Cal. App.3d 241, 255 (1984). ............................ 15
Sanitary Refrigerator Co. v. Winers, 280 U.S. 30 (1929)
................................................................................. 324
Scott v. London & St. Katherine Docks Co., 3 H. & C. 596, 159
Eng.Rep. 665 (Q.B. 1865) ........................... 70
37. See Warr v. JMGM Group, LLC, 433 Md. 170, 70 A.3d 347
(2013) .............................................................. 260
Seigneur v. National Fitness Institute, Inc., 132 Md. App. 271,
280, 752 A.2d 631, 636 (2000) ............ 131
Sheeskin v. Giant Foods, Inc., 20 Md. App. 611, 318 A.2d 874
(Md. Ct. App. 1974) .................................... 198
Shillman v. Hobstetter, 249 Md. 678, 690-91, 241 A.2d 570,
577 (1968). ...................................................... 177
Shimp v. Shimp, 287 Md. 372, 412 A.2d 1228 (1980)
.................................................................................. 116
Sikora v. Vanderploeg, 212 S.W.3d 277 (Tenn. Ct. App. 2006)
................................................................. 148
Silver v. Goldberger, 231 Md. 1, 188 A.2d 155, 158 (Md. 1963)
.................................................................... 129
Simard v. Burson, 197 Md. App. 396, 414-15, 14 A.3d 6, 16
(2011) .............................................................. 182
Snyder v. Herbert Greenbaum & Assoc., Inc., 38 Md. App. 144,
148, 380 A.2d 618, 621 (1977) .......... 146
Snyder v. Herbert Greenbaum & Assocs., 38 Md. App. 144, 380
A.2d 618 (1977). ....................................... 197
Sony BMG v. Tenenbaum, 719 F.3d 67 (1st cir. 2013)
...................................................................................... 335
Spahn v. Julian Messner, Inc., 18 N.Y.2d 324 (1966)
........................................................................................ 63
Specht v. Netscape Communications Corp., 306 F.3d 17 (2d Cir.
2002) ......................................................... 114
Spence v. Three Rivers Builders & Masonry Supply, Inc., 90
N.W.2d 873, 880 (Mich. 1958) ................ 236
Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. 1991)
.................................................................................... 143
State Constr. Corp. v. Slone Assocs., 385 F. Supp. 3d 449 (D.
Md. 2019) ................................................. 121
State Farm Mut. Auto Ins. Co. v. Nationwide Mut. Ins. Co., 307
Md. 631, 516 A.2d 586 (1986) ........... 132
State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408, 418
(2003) .................................................... 182
38. State of Maryland v. Strickland, 42 Md. App. 357, 362, 400
A.2d 451, 454 (1979) ................................. 131
State Street Bank and Trust v. Signature Financial Group, Inc.,
149 F.3d 1368 (Fed. Cir. 1998) .................. 322
State v. Mills, 396 P.2d 5 (Ariz. 1964)
...............................................................................................
................ 79
Stone v. Stone, 34 Md. App. 509, 368 A.2d 496 (1977)
............................................................................... 164
Straw v. Jones, 264 Md. 95, 285 A.2d 659 (1972)
...........................................................................................
246
Stuart Studio, Inc. v. National School of Heavy Equipment,
Inc., 214 S.E.2d 192 (N.C. 1975). ..................... 135
Sutton v. Banner Life Ins. Co., 686 A.2d 1045, 1049 (D.C.
1996) ................................................................... 153
Sutton v. United Airlines, Inc., 527 U.S. 471 (1999).
....................................................................................... 314
Tarasoff v. Regents of University of California, 551 P.2d 334
(Calif. 1976). .................................................... 68
Texaco v. Pennzoil, 729 S.W.2d 768 (Tex. Ct. App. 1987)
....................................................................... 59, 107
Timbs v. Indiana, 139 S. Ct. 682 (2019)
...............................................................................................
.............. 32
Towne v. Eisner, 245 US 418, 425 (1917)
...............................................................................................
......... 156
Toyota v. Williams, 534 U.S. 184 (2000).
...............................................................................................
.......... 314
11
39. Trans World Airlines v. Hardison, 432 U.S. 63 (1977).
................................................................................... 309
Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 768 (1992)
.................................................................... 327
U.S. for the Use of Trane Co. v. Bond, 322 Md. 170, 179, 586
A.2d 734, 738 (1991) .............................. 140
U.S. v. Bute, 43 F.3d 531, 535 (10th cir. 1994)
...............................................................................................
.... 91
U.S. v. Curry, 965 F. 3d 313 (4th cir. 2020)
...............................................................................................
......... 91
U.S. v. DaCruz-Mendes, 970 F.3d 904, 908 (8th cir. 2020)
................................................................................ 91
U.S. v. Gordon, 741 F. 3d 64, 71 (10th cir. 2014)
...............................................................................................
91
U.S. v. Johnson, 889 F. 3d 112 (9th cir. 2018)
...............................................................................................
..... 91
U.S. v. Lopez, 514 U.S 549 (1995).
...............................................................................................
............... 25, 26
U.S. v. Mead Corp., 533 U.S. 218 (2001)
...............................................................................................
............ 16
U.S. v. Morrison, 529 U.S. 598 (2000)
.............................................................................................. .
............... 26
United States v. Isaacs, 493 F.2d 1124 (7th Cir. 1974)
...................................................................................... 81
United States v. Park, 412 U.S. 658 (1978)
...............................................................................................
......... 81
United States v. Virginia, 518 US 515 (1996)
...............................................................................................
40. ..... 34
United Wholesalers, Inc. v. A.J. Armstrong, Co., 251 F.2d 860,
862 (4th Cir. 1958) ................................ 161
Univ. Nursing Home, Inc. v. R.B. Brown & Assocs., Inc., 67
Md. App. 48, 61, 506 A.2d 268, 274 (1986) .... 142
Universal Life Distribs., Inc. v. Northwest Indus., Inc., 602
F.2d 1173 (4th Cir. 1979) ................................... 195
US Patent & Trademark Office v. Booking.com, 140 S. Ct.
2298, 2302 (2020) .............................. 325, 326, 330
Van Buren v. U.S., 593 U.S. ___ (2021)
...............................................................................................
.............. 84
Vokes v. Arthur Murray, Inc., 212 So.2d 906 (Fla. 1968)
............................................................................ 144
Volos, Ltd. v. Sotera, 264 Md. 155, 286 A.2d 101 (1972)
................................................................................ 187
Wagenseller v. Scottsdale Memorial Hospital, 710 P.2d 1025,
1085 (Ariz. 1985) .......................................... 293
Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011)
...................................................................................... 311
Walter v. Atl. Builders Grp., Inc., 180 Md. App. 347, 361, 951
A.2d 94, 102 (2008) ..................................... 163
Walther v. Sovereign Bank, 386 Md. 412, 430, 872 A.2d 735,
746 (2005) ...................................................... 130
Weingart v. Directoire Restaurant, Inc., 75 Misc. 2d 1004 (N.Y.
App. Term 1973) ....................................... 249
Western Md. Dairy Corp. v. Brown, 169 Md. 257, 181 A. 468
(1935) ............................................... 142, 149
Western Union Telegraph Co. v. Hill, 67 F.2d 487 (1933)
................................................................................ 57
Weston Bldrs & Developers, Inc. v. McBerry, LLC, 167 Md.
App. 24, 79, 891 A.2d 430, 461 (2005) ... 125
Wheat v. Cross, 31 Md. 99, 104 (1869)
...............................................................................................
.......... 148
Wholey v. Sears, 803 A. 2d 482 (Md. 2002)
41. ...............................................................................................
...... 292
Wickard v. Filburn, 317 U.S. 111 (1942)
...............................................................................................
............ 25
Williams v. Walker-Thomas Furniture Co., 350 F.2d 445 (D.C.
Cir. 1965) .................................................... 197
Williams v. Walker-Thomas Furniture Co., 350 F.2d 445, 449
(D.C. Cir 1965) ....................................... 130
Winder v. State, 765 A.2d 97, 113 (Md. 2001).
...............................................................................................
... 93
Wm. T. Burnett Holding, LLC v. Berg Brothers Co., 235 Md.
App. 204, 213, 175 A.3d 876, 882 (2017)
...............................................................................................
....................................................................... 176
Wolfe v. Sibley, Lindsay & Curr Co., 36 N.Y.2d 505 (N.Y.
1975) .................................................................. 305
Womack v. Maner, 301 S.W.2d 438, 439 (Ark. 1957)
................................................................................. 131
Yong Cha Ha v. Marriott Corp., 656 F. Supp. 445 (D. Md. 1987)
................................................................... 230
York v. Wahkiakum School Dist., 178 P.3d 995 (Wash. 2008).
.......................................................................... 93
Zendman v. Harry Winston, Inc., 111 N.E. 2d 871 (N.Y. 1953).
..................................................................... 207
12
42. Introduction: Law and Legal Systems
Law has different meanings as well as different functions.
Philosophers have considered issues of justice and
law for centuries, and several different approaches, or schools
of legal thought, have emerged. We will look at
those different meanings and approaches and will consider how
social and political dynamics interact with the
ideas that animate the various schools of legal thought. We will
also look at typical sources of “positive law”
in the United States and how some of those sources have
priority over others, and we will set out some basic
differences between the US legal system and other legal
systems.
Classifications of Law
What Is Law?
Law is a word that means different things at different times.
Law is “any system of regulations to govern the
conduct of the people of a community, society or nation, in
response to the need for regularity, consistency and
justice based upon collective human experience.”
http://dictionary.law.com/Default.aspx?selected=1111
Functions of the Law
In a nation, the law can serve to (1) keep the peace, (2) maintain
the status quo, (3) preserve individual rights,
(4) protect minorities against majorities, (5) promote social
justice, and (6) provide for orderly social change.
Some legal systems serve these purposes better than others.
Although a nation ruled by an authoritarian
43. government may keep the peace and maintain the status quo, it
may also oppress minorities or political
opponents (e.g., Burma, Zimbabwe, or Iraq under Saddam
Hussein). Under colonialism, European nations
often imposed peace in countries whose borders were somewhat
arbitrarily created by those same European
nations. Over several centuries prior to the twentieth century,
empires were built by Spain, Portugal, Britain,
Holland, France, Germany, Belgium, and Italy. With regard to
the functions of the law, the empire may have
kept the peace—largely with force—but it changed the status
quo and seldom promoted the native peoples’
rights or social justice within the colonized nation.
In nations that were former colonies of European nations,
various ethnic and tribal factions have frequently
made it difficult for a single, united government to rule
effectively. In Rwanda, for example, power struggles
between Hutus and Tutsis resulted in genocide of the Tutsi
minority. (Genocide is the deliberate and
systematic killing or displacement of one group of people by
another group. In 1948, the international
community formally condemned the crime of genocide.) In
nations of the former Soviet Union, the withdrawal
of a central power created power vacuums that were exploited
by ethnic leaders. When Yugoslavia broke up,
the different ethnic groups—Croats, Bosnians, and Serbians—
fought bitterly for home turf rather than share
power. In Iraq and Afghanistan, the effective blending of
different groups of families, tribes, sects, and ethnic
groups into a national governing body that shares power
remains to be seen.
Schools of Legal Thought
There are different schools (or philosophies) concerning what
44. law is all about. Philosophy of law is also called
jurisprudence, and the two main schools are legal positivism
and natural law. Although there are others, these
two are the most influential in how people think about the law.
13
Legal Positivism: Law as Sovereign Command
As legal philosopher John Austin concisely put it, “Law is the
command of a sovereign.” Law is only law, in
other words, if it comes from a recognized authority and can be
enforced by that authority, or sovereign—such
as a king, a president, or a dictator—who has power within a
defined area or territory. Positivism is a
philosophical movement that claims that science provides the
only knowledge precise enough to be
worthwhile. But what are we to make of the social phenomena
of laws?
We could examine existing statutes—executive orders,
regulations, or judicial decisions—in a fairly precise
way to find out what the law says. For example, we could look
at the posted speed limits on most US highways
and conclude that the “correct” or “right” speed is no more than
fifty-five miles per hour. Or we could look a
little deeper and find out how the written law is usually applied.
Doing so, we might conclude that sixty-one
miles per hour is generally allowed by most state troopers, but
that occasionally someone gets ticketed for
doing fifty-seven miles per hour in a fifty-five miles per hour
zone. Either approach is empirical, even if not
rigorously scientific. The first approach, examining in a precise
way what the rule itself says, is sometimes
45. known as the “positivist” school of legal thought. The second
approach—which relies on social context and
the actual behavior of the principal actors who enforce the
law—is akin to the “legal realist” school of thought.
Positivism has its limits and its critics. New Testament readers
may recall that King Herod, fearing the birth of
a Messiah, issued a decree that all male children below a certain
age be killed. Because it was the command of
a sovereign, the decree was carried out (or, in legal jargon, the
decree was “executed”). Suppose a group seizes
power in a particular place and commands that women cannot
attend school and can only be treated medically
by women, even if their condition is life-threatening and women
doctors are few and far between. Suppose also
that this command is carried out, just because it is the law and
is enforced with a vengeance. People who live
there will undoubtedly question the wisdom, justice, or
goodness of such a law, but it is law nonetheless and is
generally carried out. To avoid the law’s impact, a citizen
would have to flee the country entirely. During the
Taliban rule in Afghanistan, from which this example is drawn,
many did flee.
The positive-law school of legal thought would recognize the
lawmaker’s command as legitimate; questions
about the law’s morality or immorality would not be important.
In contrast, the natural-law school of legal
thought would refuse to recognize the legitimacy of laws that
did not conform to natural, universal, or divine
law. If a lawmaker issued a command that was in violation of
natural law, a citizen would be morally justified
in demonstrating civil disobedience. For example, in refusing to
give up her seat to a white person, Rosa Parks
believed that she was refusing to obey an unjust law.
46. Natural Law
The natural-law school of thought emphasizes that law should
be based on a universal moral order. Natural law
was “discovered” by humans through the use of reason and by
choosing between that which is good and that
which is evil. “Natural law” represents standards of conduct
derived from traditional moral principles (first
mentioned by Roman jurists in the first century A.D.) and/or
God’s law and
will.” http://dictionary.law.com/Default.aspx?selected=1307
Both the US Constitution and the United Nations (UN) Charter
have an affinity for the natural-law outlook, as
it emphasizes certain objective norms and rights of individuals
and nations. The US Declaration of
Independence embodies a natural-law philosophy. The
following short extract should provide some sense of
the deep beliefs in natural law held by those who signed the
document.
The Unanimous Declaration of the Thirteen United States of
America
July 4, 1776
14
When in the Course of human events, it becomes necessary for
one people to dissolve the political
bands which have connected them with another, and to assume
among the powers of the earth, the
separate and equal station to which the Laws of Nature and of
47. Nature’s God entitle them, a decent
respect to the opinions of mankind requires that they should
declare the causes which impel them to
the separation.
We hold these truths to be self-evident, that all men are created
equal, that they are endowed by their
Creator with certain unalienable Rights, that among these are
Life, Liberty and the Pursuit of
Happiness.
That to secure these rights, Governments are instituted among
Men, deriving their just powers from
the consent of the governed.…
The natural-law school has been very influential in American
legal thinking. The idea that certain rights, for
example, are “unalienable” (as expressed in the Declaration of
Independence and in the writings of John
Locke) is consistent with this view of the law. Individuals may
have “God-given” or “natural” rights that
government cannot legitimately take away. Government only by
consent of the governed is a natural
outgrowth of this view.
Civil disobedience—in the tradition of Henry Thoreau,
Mahatma Gandhi, or Martin Luther King Jr.—
becomes a matter of morality over “unnatural” law. For
example, in his “Letter from Birmingham Jail,” Martin
Luther King Jr. claims that obeying an unjust law is not moral
and that deliberately disobeying an unjust law is
in fact a moral act that expresses “the highest respect for law.”
“An individual who breaks a law that
conscience tells him is unjust, and who willingly accepts the
penalty of imprisonment in order to arouse the
48. conscience of the community over its injustice, is in reality
expressing the highest respect for law.…One who
breaks an unjust law must do so openly, lovingly, and with a
willingness to accept the
penalty.”
http://okra.stanford.edu/transcription/document_images/undecid
ed/630416-019.pdf
Legal positivists, on the other hand, would say that we cannot
know with real confidence what “natural” law or
“universal” law is. In studying law, we can most effectively
learn by just looking at what the written law says,
or by examining how it has been applied. In response, natural-
law thinkers would argue that if we care about
justice, every law and every legal system must be held
accountable to some higher standard, however hard that
may be to define.
It is easier to know what the law “is” than what the law “should
be.” Equal employment laws, for example,
have specific statutes, rules, and decisions about racial
discrimination. There are always difficult issues of
interpretation and decision, which is why courts will resolve
differing views. But how can we know the more
fundamental “ought” or “should” of human equality? For
example, how do we know that “all men are created
equal” (from the Declaration of Independence)? Setting aside
for the moment questions about the equality of
women, or that of slaves, who were not counted as men with
equal rights at the time of the declaration—can
the statement be empirically proven, or is it simply a matter of a
priori knowledge? (A priori means “existing
in the mind prior to and independent of experience.”) Or is the
statement about equality a matter of faith or
belief, not really provable either scientifically or rationally?
The dialogue between natural-law theorists and
49. more empirically oriented theories of “what law is” will raise
similar questions.
Table 1 Sources of US Law
International Federal State Local
Treaties Constitution Constitutions
Exec Orders Exec Orders
Statutes Statutes Ordinances
15
Int’l Courts Courts Courts
Regulations Regulations
Types of Laws
In the United States today, there are numerous sources of law.
The main ones are (1) constitutions—both state
and federal, (2) statutes and agency regulations, and (3) judicial
decisions. In addition, chief executives (the
president and the various governors) can issue executive orders
that have the effect of law.
In international legal systems, sources of law include treaties
(agreements between states or countries) and
what is known as international law (usually consisting of
judicial decisions from national court systems where
parties from two or more nations are in a dispute).
As you might expect, these laws sometimes conflict: a state law
50. may conflict with a federal law, or a federal
law might be contrary to an international obligation. One
nation’s law may provide one substantive rule, while
another nation’s law may provide a different, somewhat
contrary rule to apply. Not all laws, in other words,
are created equal. To understand which laws have priority, it is
essential to understand the relationships
between the various kinds of law.
Constitutions
Constitutions are the foundation for a state or nation’s other
laws, providing the country’s legislative,
executive, and judicial framework. Among the nations of the
world, the United States has the oldest
constitution still in use. It is difficult to amend, which is why
there have only been seventeen amendments
following the first ten in 1789; two-thirds of the House and
Senate must pass amendments, and three-fourths of
the states must approve them.
The nation’s states also have constitutions. Along with
providing for legislative, executive, and judicial
functions, state constitutions prescribe various rights of
citizens. These rights may be different from, and in
addition to, rights granted by the US Constitution. Like statutes
and judicial decisions, a constitution’s specific
provisions can provide people with a “cause of action” on which
to base a lawsuit. For example, California’s
constitution provides that the citizens of that state have a right
of privacy. This has been used to assert claims
against businesses that invade an employee’s right of privacy.
In the case of Virginia Rulon-Miller, her
employer, International Business Machines (IBM), told her to
stop dating a former colleague who went to
work for a competitor. When she refused, IBM terminated her,
51. and a jury fined the company for $300,000 in
damages. As the California court noted, “While an employee
sacrifices some privacy rights when he enters the
workplace, the employee’s privacy expectations must be
balanced against the employer’s interests.…[T]he
point here is that privacy, like the other unalienable rights listed
first in our Constitution…is unquestionably a
fundamental interest of our society.” Rulon-Miller v.
International Business Machines Corp., 162 Cal. App.3d
241, 255 (1984).
16
Statutes and Treaties in Congress
In Washington, DC, the federal legislature is known as
Congress and has both a House of Representatives and
a Senate. The House is composed of representatives elected
every two years from various districts in each
state. These districts are established by Congress according to
population as determined every ten years by the
census, a process required by the Constitution. Each state has at
least one district; the most populous state
(California) has fifty-two districts. In the Senate, there are two
senators from each state, regardless of the
state’s population. Thus Delaware has two senators and
California has two senators, even though California
has far more people. Effectively, less than 20 percent of the
nation’s population can send fifty senators to
Washington.
Many consider this to be antidemocratic. The House of
Representatives, on the other hand, is directly
proportioned by population, though no state can have less than
52. one representative.
Each Congressional legislative body has committees for various
purposes. In these committees, proposed bills
are discussed, hearings are sometimes held, and bills are either
reported out (brought to the floor for a vote) or
killed in committee. If a bill is reported out, it may be passed
by majority vote. Because of the procedural
differences between the House and the Senate, bills that have
the same language when proposed in both houses
are apt to be different after approval by each body. A
conference committee will then be held to try to match
the two versions. If the two versions differ widely enough,
reconciliation of the two differing versions into one
acceptable to both chambers (House and Senate) is more
difficult.
If the House and Senate can agree on identical language, the
reconciled bill will be sent to the president for
signature or veto. The Constitution prescribes that the president
will have veto power over any legislation. But
the two bodies can override a presidential veto with a two-thirds
vote in each chamber.
In the case of treaties, the Constitution specifies that only the
Senate must ratify them. When the Senate ratifies
a treaty, it becomes part of federal law, with the same weight
and effect as a statute passed by the entire
Congress. The statutes of Congress are collected in codified
form in the US Code. The code is available online
at http://uscode.house.gov.
Delegating Legislative Powers: Rules by Administrative
Agencies
Congress has found it necessary and useful to create
government agencies to administer various laws. The
53. Constitution does not expressly provide for administrative
agencies, but the US Supreme Court upheld the
delegation of power to create federal agencies. Examples of
administrative agencies would include the
Occupational Safety and Health Administration (OSHA), the
Environmental Protection Agency (EPA), and the
Federal Trade Commission (FTC).
It is important to note that Congress does not have unlimited
authority to delegate its lawmaking powers to an
agency. It must delegate its authority with some guidelines for
the agency and cannot altogether avoid its
constitutional responsibilities. U.S. v. Mead Corp., 533 U.S.
218 (2001).
Agencies propose rules in the Federal Register, published each
working day of the year. Rules that are
formally adopted (procedures for regulatory adoption are found
in the Administrative Procedure Act, 5 U.S.C.
§ 500 et seq.) are published in the Code of Federal Regulations,
or CFR, available online
at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html.
17
State Statutes and Agencies: Other Codified Law
Statutes are passed by legislatures and provide general rules for
society. States have legislatures (sometimes
called assemblies), which are usually made up of both a senate
and a house of representatives. Like the federal
government, state legislatures will agree on the provisions of a
bill, which is then sent to the governor (acting
like the president for that state) for signature. Like the
54. president, governors often have a veto power. The
process of creating and amending, or changing, laws is filled
with political negotiation and compromise.
Maryland’s state legislature is known as the Maryland General
Assembly and can be found online at Maryland
General Assembly.
Maryland also has a number of state administrative agencies
that can promulgate rules through regulation
found in COMAR. Titles in COMAR are generally organized in
the same manner as state statutes. For
example, the Maryland statutes includes an article for the
Department of Health; COMAR’s Title 10 includes
the regulations related to the Department of Health.
On a more local level, counties and municipal corporations or
townships may be authorized under a state’s
constitution to create or adopt ordinances. Examples of
ordinances include local building codes, zoning laws,
and misdemeanors or infractions such as skateboarding or
jaywalking. Most of the more unusual laws that are
in the news from time to time are local ordinances. For
example, in Logan County, Colorado, it is illegal to
kiss a sleeping woman; in Indianapolis, Indiana, and Eureka,
Nebraska, it is a crime to kiss if you have a
mustache. A Kentucky law proclaims that every person in the
state must take a bath at least once a year, and
failure to do so is illegal.
In Baltimore County, Maryland, the County Council enacts local
ordinances and legislation. Once passed and
signed into law by the County Executive, they can be found at
Baltimore County Code.
Judicial Decisions: The Common Law
55. The common law consists of decisions by courts (judicial
decisions) that do not involve interpretation of
statutes, regulations, treaties, or the Constitution. Courts make
such interpretations, but many cases are decided
where there is no statutory or other codified law or regulation to
be interpreted. For example, a state court
deciding what kinds of witnesses are required for a valid will in
the absence of a rule (from a statute) is making
common law.
United States law comes primarily from the tradition of English
common law. By the time England’s
American colonies revolted in 1776, English common-law
traditions were well established in the colonial
courts. English common law was a system that gave written
judicial decisions the force of law throughout the
country. Thus if an English court delivered an opinion as to
what constituted the common-law crime of
burglary, other courts would stick to that decision, so that a
common body of law developed throughout the
country. Common law is essentially shorthand for the notion
that a common body of law, based on past written
decisions, is desirable and necessary.
In England and in the laws of the original thirteen colonies,
common-law decisions defined crimes such as
arson, burglary, homicide, and robbery. As time went on, US
state legislatures either adopted or modified
common-law definitions of most crimes by putting them in the
form of codes or statutes. This legislative
ability—to modify or change common law into statutory law—
points to an important phenomenon: the priority
of statutory law over common law.
56. 18
Civil versus Criminal Cases
Most of the cases we will look at in this course are civil cases.
Criminal cases are certainly of interest to
business, especially as companies may break criminal laws. A
criminal case involves a governmental
decision—whether state or federal—to prosecute someone
(named as a defendant) for violating society’s laws.
The law establishes a moral minimum and does so especially in
the area of criminal law; if you break a
criminal law, you can lose your freedom (in jail) or your life (if
you are convicted of a capital offense). In a
civil action, you would not be sent to prison; in the worst case,
you can lose property (usually money or other
assets).
Some of the basic differences between civil law and criminal
law cases are illustrated below.
Table 2 Differences Between Civil and Criminal Cases
Civil Cases Criminal Cases
Parties Plaintiff brings case; defendant must answer
or lose by default
Prosecutor brings case; defendant may
remain silent
Proof Preponderance of evidence Beyond a reasonable doubt
Reason To settle disputes peacefully, usually between
private parties To maintain order in society