Saturday, February 22, 2020

Business law Term Paper Example | Topics and Well Written Essays - 750 words

Business law - Term Paper Example   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The History of American law can be dated all the way back to when the American colonies first settled, the English system of law was established as the system of jurisprudence.  Once that was established,  the English common law was developed by judges who issued their  opinions when deciding cases.  Ã‚  Hence, these principles in these cases became precedent for later judges deciding similar case.  In any scenario when two sides disagree on what the outcome of a case maybe, common law is utilized. In common law, cases are judged by the jury and are extremely sophisticated since states have different guidelines for conducting cases.  In common law, juries issue a verdict, which the judge typically orders as the judgment in the case. However, judges can issue a  judgment not withstanding the verdict  based on a motion of the losing party  granted bias is present. In addition, judges can declare a mistrial in cas es of misconduct. In order to win in common law, it is essential for the plaintiff to prove to the judge by a â€Å"preponderance of  evidence.† If they fail to prove it by a preponderance of the evidence, the defendant prevails.     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  As mentioned above, the law of United States is founded upon  statutory law.  The American court system is divided by civil and criminal litigation.  Without a doubt though, the United States Constitution is the foundation of government regulations in United States  under the civil law.  In criminal cases, the lawsuits are brought by government entities such as the government itself, based on violations of criminal statutes but not the common law.  On the other hand, the plaintiff is the party who brings the action in a civil law suit in which monetary damages and equitable remedies become the focal point( Cheeseman 154).  However,  common law expands to civil  lawsuits as well, which makes the common law superior than civil

Thursday, February 6, 2020

None Essay Example | Topics and Well Written Essays - 250 words - 14

None - Essay Example This normally gives room to committing fallacious reasoning whilst emotional temperament fosters it. Worldwide mainly imply to cognitive network of prevailing beliefs, attitudes, habits, memories, values and corresponding supplementary elements that are normally conditions and renders quietly meaningful the world that people dwell (Patrick, 156-198). Moreover, worldview normally emerges unobtrusively and intuitively from the pervasive influences such as cultures, language, sex and religion, politics, social and economic status. It influence normally manifest itself when an individual grow older via shaping forces of education and experience. Five characteristics of critical thinking in movie 12 are argument analysis, morality such as persuasion and obedience, manipulation, fallacies versus sound reasoning and corresponding effective Critical thinker (Patrick, 156-198). Conversely, five characteristic of uncritical thinking include contradictory perspectives, prejudices, predispositions that are manly based on the underlying barrier within their decision making and contradictory personalities that normally enrich prevailing actions and corresponding decisions of an individual. I would want argument analysis on the prevailing jury in case I was the defendant. The jury ought to embrace analyses of every the underlying in order make dependable arguments and correspondingly determine that the conclusion is imperfect based on the inappropriate reasoning via pointing out prevailing inconsistences within the judgment. Moreover, deductive reasoning will also aid in development of logic within the underlying case. Argument analysis method normally cast criticisms on the underlying second point and subsequent points via thoroughly analyzing every component

Tuesday, January 28, 2020

The New World Essay Example for Free

The New World Essay The New World that Columbus discovered was populated with well over 10 million Indians, which populated North America from the North to present-day Mexico.   The amount of Indian tribes themselves were numerous, and it is still unknown exactly how many Indians and their various tribes populated the areas in which the Europeans arrived. Some groups of Native Americans were considered to be hunter-gatherers, while most were evidenced to practice aquaculture, and most often, agriculture.   However, most often, the Native Americans used a mix of hunting, gathering, and farming.    In addition, the Indian’s culture and the way they organize their lives was very different than that of the Europeans.   For example, almost all of the Indian tribes had some form of a chief.   Some even had states, impressive architecture, and extremely organized cities. As stated above, the most obvious way that the Native American communities were organized was by the crops that they produced.   Maize and squash were perhaps the easiest to grow.   They were also grown throughout America, not just in one small region.   Potatoes, cotton, and tobacco were also grown.   In the plains area, a large group of native peoples would hunt their primary source of food-buffalo. In addition to the Indians that Columbus encountered, the land was completely unspoiled.   The Indians only hunted and used from nature what they absolutely needed, unlike the Europeans.   The biggest difference between the Europeans and the Native Americans was that the Europeans simply used up the nature in whatever way they saw fit, while the Native Americans only used, and respected, what they needed.

Monday, January 20, 2020

Drug Testing Is Illegal Essay -- Essays on Drug Testing

Making a person take a drug test violates their Fourth and Fifth Amendment rights under the constitution of the United States of America. Recently, there has been an increase in companies and schools using drug test. Some companies force their employees to submit to a drug test before being hired and randomly while employed. High school sport regulations require that all student athletes give consent to being randomly drug tested. Other schools are going as far as making all students give consent to being randomly drug tested.   Ã‚  Ã‚  Ã‚  Ã‚  The Fourth Amendment states, â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.† By taking a drug test, a person is being searched and having a sample to be tested seized without probable cause, therefore, companies and schools using a drug test are infringing on the student or employees rights. In South Carolina, a hospital was drug testing pregnant women and reporting the positive results to the police. The Supreme Court found this to be a violation of the Forth Amendment to the U.S. Constitution’s protection against unreasonable search and seizures without probable cause.   Ã‚  Ã‚  Ã‚  Ã‚  There is a very large possibility for an error on a drug test. If a person applying for a job takes a drug test and gets a false positive, this would cause him to not be hired. Also, if a company randomly tests an employ...

Sunday, January 12, 2020

Big Corporations, Big Lawsuits Essay

Introduction The lawsuit over the defective design of Firestone tires put on Ford Explorers was perhaps the most publicised event when a company was sued for defective produce. This defect also resulted in a large number of accidents causing over 200 deaths and 700 injuries in the US alone, in addition to accidents in Venezuela, Columbia, Ecuador, the Arab Gulf Coast, and East Asia. The massive tire recall by Ford and Firestone on August 9, 2000, sent ripples through the American public and added fuel to the legal fire, causing both manufacturers and the public to rethink many issues. Summary of the Lawsuit On August 9, 2000, â€Å"Ford Motor Company and Bridgestone/Firestone jointly announced a recall in the United States of approximately 6.5 million ATX, ATXII and Wilderness AT tires made in Decatur, Illinois because of tread separation problems† (Eto, 2006). This recall came after the increased incidence of driver deaths in accidents in which Ford Exlorers rolled over triggered widespread public concern. At the time, the company was already faced with multimillion lawsuits. For instance, the lawyers for Edelio and Norma Herrera who died in May 2000 overturning in their Ford Explorer on the way from Disneyland demanded $1 billion from Firestone (BBC). The lawsuits filed, for instance, by the law firm Lieff Cabraser Heimann & Bernstein, LLP, were based on the claim that Firestone and Ford were guilty because it had failed to address the concerns in the testing process. Thus, on June 15, 1989, the auto maker’s engineers prepared a report to the company management in which they â€Å"recommended eight design changes to address the rollover problem and improve the safety of the Explorer† (Lieff Cabraser Heimann & Bernstein, LLP, 2006). However, the management refused to make the major improvements recommended by engineers, willing to complete the design by the previously announced deadline. Impact on the Corporate World The lawsuit triggered a nation-wide discussion about the liability of auto manufacturers, business ethics, the need to produce quality products, and the regulation of the industry. The fact that Ford’s management had accelerated production at the expense of safety concerns only to face billions of dollars in lawsuits and a major blow to their reputation later on was a lesson to many managers. The way Firestone and Ford were heaping blame on each other was also an important lesson of how companies should not handle a scandal. To demonstrate commitment to improvement, Ford, for instance, â€Å"ended its relationship with the tyre-maker† (BBC, 2001). The scandal affected one of the largest US auto manufacturers, causing the resignation of its Chief Executive Officers, Jacques Nasser. Impact on Regulations The lawsuits have also alerted the American public and regulators at the National Highway Traffic Safety Administration (NHTSA) that new, tougher laws on safety standards have to be adopted. In 2000, US Congress adopted new legislature that aimed to raise safety standards. However, it was clear that such laws should have been adopted long ago when the danger of rollover crashes in SUVs became apparent. The law required tire makers to submit to the regulators far more information about their produce than before. Impact on the Companies The lawsuits that have been partially successful and partially settled out of court cost both companies, especially Firestone a lot. Thus, the tyre manufacturer found itself spending over â€Å"$1.6 billion in 2001 due to the recall and litigation costs† (Online Lawyer Source, 2004). The company spent $149 million to settle 30 class-action suits all over the US. In 2001, Ford warned its shareholders that â€Å"it could face up to $10bn in lawsuits arising from the Ford Explorer deaths† (BBC, 2001). The result was disastrous publicity for both companies. Firestone in particular took a long time to recover. As of 2004, it was spending several times more on recovering publicity than in the year before (Online Lawyer Source, 2004). Conclusion Thus, the scandal resulted in massive financial losses for the two companies involved and blows to their corporate images. It also made the public pay closer attention to manufacturers’ ethical decision-making. On the government level, safety standards had been strengthened resulting in increased requirements for manufacturers. References Eto, G.C. (2006). Firestone Tire Recall. Retrieved April, 1, 2006, from http://www.garyeto.com/firestone-tire-recall.shtml BBC. (2001, June 17). Firestone faces $1bn lawsuit. Retrieved April, 1, 2006, from http://news.bbc.co.uk/1/hi/business/1393055.stm Lieff Cabraser Heimann & Bernstein, LLP. (2006). Ford Explorer Rollover Danger – 2006 Update. Retrieved April, 1, 2006, from http://www.vehicle-injuries.com/ford-explorer-lawsuits.htm Online Lawyer Source. (2004). Firestone Recall Information. Retrieved April, 1, 2006, from http://www.onlinelawyersource.com/firestone/information.html   

Saturday, January 4, 2020

Do Electronic Voting Machines Improve the Voting Process

Do Electronic Voting Machines Improve the Voting Process? The electronic voting machine embraces an electronic means of efficiently casting a vote and electronic means of accurately counting votes. Electronic voting machines, can also display election results and because of controversies associated with their operation audit trail, information can also be obtained. There are many types of electronic voting systems: paper based electronic voting system; which provides a paper ballot to be marked by hand but counted electronically. Pressing buttons or using a touch screen can operate a direct recording electronic voting machine either mechanically or electrically. This machine stores the voting data in a memory bank as a printed†¦show more content†¦The downside to this approach more telephone transmission systems are increasingly being connected to the Internet therefore a DRE might be subject to attack via the Internet. Also, if encryption and verification are inadequate oh tabulations could be compromised. DRE is better eq uipped to help the disabled voter. With touchscreen technology, audio ballot and other adaptive devices, it makes it possible voter with a disability to cast an independent vote. â€Å"Very few of our members were able to vote privately, independently, despite Santa Clara Countys supposed accessible touch screens† (Wilcox as cited in Ackerman, 2004). According to Ackerman (2004), â€Å"Among the criticisms provided by voters was poor sound quality, delayed response time and braille that was positioned so awkwardly it could be read upside down.† Voter-verified paper audit trails (VVPATs) are an important mechanism that supports transparency in electronic voting machines. Federal law requires voter verified paper audit trail or (VVPAT) for Direct Recording Electronic (DRE) voting machines. The ideal behind VVPAT is to allow voters to basically disregard the functionality of the computerized voting terminals and know that as long as the VVPAT matches their intent, th eir vote will be counted correctly. Voting systems connected to the Internet are subject to the threats of computer technology. However Voter Verified Paper Ballot (VVPB) provides an auditable way to assure votersShow MoreRelatedAmerica s Voting Equipment s Major Problem? Essay1264 Words   |  6 PagesJessie Sisavat Professor Smith Pols 116 December 13, 2016 What Is America’s Voting Equipment’s Major Problem? For several decades, the American people have been skeptical if their votes count due to the uncertainty of various voting methods. The election process is marred with dissatisfaction and inaccuracy in governmental elections. Voting means a lot to citizens because it is what gets the people’s voices heard. There are voters that are uncertain of trusting the candidates that will make theirRead MorePros And Cons Of Electronic Voting Machines1396 Words   |  6 PagesOctober 2017.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Electronic Voting Machines   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Moving away from electronic voting and finding an alternate way to vote that is the most precise and secure course of action. Voting is the process by which a person or group of people formally express their opinion. In the U.S., a citizen must be at least 18 years for them to vote, and voting is voluntary; a person can’t be forced to vote nor can he or she forceRead MoreThesis1205 Words   |  5 PagesRationale: Electronic Voting for Global Vote for Rights by Children International – Tabaco is joining at the World Children’s Prize. It is an education program for all children. Their goal is to become more humane world, where children’s rights are respected by all. And there will be a new way of voting and to make voting process faster and easier. More than 2000 youth ages 12 – 18 yrs. Old are going to vote, first they will have their registration of the participant, next followed by voting process by ElectronicRead MoreSecurity Analysis Of An Electronic Voting System1364 Words   |  6 PagesSecurity Analysis of an Electronic Voting System Abstract Fundamental right to vote or simply voting in elections forms the basis of democracy. Electronic Voting Machine (EVM) is a simple electronic device used to record votes in place of ballot papers and boxes which were used earlier in conventional voting system .With significant U.S. federal funds we now have replaced the outdated punch-card and mechanical voting systems, and are adopting paperless electronic voting systems from a number ofRead MorePros and Cons of Electronic Voting Essay3245 Words   |  13 PagesStrengths of E-Voting 7. Weaknesses of E-voting 8. Voting system Requirements 9. Conclusion 10. References Introduction: Electronic voting machine has now become an effective tool for voting. It mainly ensures flawless voting and thus has become a more widespread. Also those kinds of machines make human effort less and they are more economical. It is also free and very comfort in the part of voter. Electronic voting which is otherwise known as e-voting, used by electronic systems for representingRead MorePurpose Of The Disability Voting Rights1503 Words   |  7 PagesPurpose of the Disability Voting Rights Paper This paper argues the disabled communities do not enjoy full voting rights to participate in the political system. There are several political factors that explain why the concerns of the disabled communities have largely been ignored or not adequately addressed. The Committee of Seventy is an organization with strong political influence over the elections held every year in the City of Philadelphia, PA. The organizational enjoys a great reputation amongRead MoreThe Importance Of A Democratic Country Public Opinion2271 Words   |  10 Pages 1. Introduction For a democratic country public opinion is the most important determinant to establish a government and voting is the process through which people display their opinion and help to setup a democratic government. 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The importance of computers cannot be denied in the corporate or business world, at the work place and even in ones personal life. In the modern work place, pen and paper are becoming fade away. It will not be long, before pen and paper stop

Friday, December 27, 2019

What Is the Government Doing Essay - 1117 Words

The American dream, has being for years, the reason why people decide to migrate to the United States. The American dream is the idea of finding well-paid job opportunities that would supply for example to buy a beautiful house and own a nice car. Therefore, the key of the American dream is jobs, which now in days are vague within the country. United States has fallen in a deep recession that has raised unemployment rates to the sky. Now, is ironically to continue calling U.S to be the American dream. There are so few job openings, which are not even enough to restore the country’s economy. Government should focus on creating jobs to help citizens that are struggling by lowering taxes instead of being waiting for unemployment rates to†¦show more content†¦Government is who can create jobs, and who has the power to lower taxes. However, it would not be fair to only see how people without jobs are affected. Truth is that even who today has a job can be struggling. The fact that U.S is in an economic recession can lead to the closure of industries. Taxes are too high that people is now going after cheaper products to make their salaries last. companies whose prices are somehow higher might be losing clients and the most drastic result would lead to the end of the industry but also the end of many people’s jobs. Now, it is well to say that nobody is for sure, safe from the ideal of unemployment. After all, like if all these chaos was not enough Obama comes out with new plans supposedly to help the U.S citizens but instead of helping, these programs such as â€Å"Obamacare, the Dodd-Frank financial reform act, and other looming regulations and taxes are a significant factor in deterring hiring†(Higgs n.p) All these regulations made from government seem to want to persuade people and make them believe in government when actually it seems like government does not really care for the people and they just want to keep on taking money away from citizens by coming out with nonsense taxation. On the outstanding work â€Å"unemployment and job creation programs: is there a skills gap?† by Belinda Shipps and Robert L. Howard four types of unemployment are identified: Frictional, seasonal, structural, and cyclical. FrictionalShow MoreRelatedV For Vendetta Persuasive Essay1283 Words   |  6 PagesRegardless of what we are doing at any given point of the day, we are constantly being watched. 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One of those countries was called Oceania, whereRead MoreThe Genocide Still Going on in Darfur, Sudan Essay examples1048 Words   |  5 Pagesin what they are doing and they think there is no harm done because it’s not affecting them. To be taken away from your family, to go live somewhere else or to be killed can have a huge impact on your life. Genocides play a huge role in the world; it has and will affect many people. In Darfur there is a genocide going on, it has been going on for a few decades now. Genocide is the mass killing of a race . The people of Darfur and the Government of Sudan didn’t really get along. The Government wantedRead MoreHenry David Thoreau s Civil Disobedience1123 Words   |  5 PagesThroughout history and in today’s society, people have always done what they felt to be right. 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He went to a island where he could do whatever he wanted without any form government to stop him. As soon as one would have to avoid a law making body to perform their experiment, one would assume that what they are doing must not be right. What are we responsible for as citizens in a free society vs. the government having to take over? Without any government to stop him, Moreau kidnapped Prendick and kept him in a room, huntedRead MoreCanadian Government : The Canadian Economy1195 Words   |  5 PagesOver the years the Canadian government continuously tries to create multiple ways to help progress the economy. Currently the government is doing a poor job improving the economy, however, it has potential to positively develop in the future. The Canadian government is negatively influencing the economy due to the decrease in value of the Canadian dollar, lack of regulation on policies, and the current position of the business cycle in Canada. However, the Canadian government demonstrates potential improvements