10 Facts for a Dissertation on Business Law

10 Facts for a Dissertation on Business Law Writing a dissertation on business law does not fall within the purview of law students alone. Students studying business administration, commerce, and other financial based disciplines may also find themselves tasked with writing on this broad subject matter. Therefore, if you received a task to write on business law, do not fret for we intend to provide you with enough information and direction on writing a dissertation on this matter. To get this done, we will be making use of three articles which are all part of a series geared towards providing students with enough information to write a dissertation. The first- which you are about to read- will provide 10 salient facts you can use in your dissertation. 10 Significant Facts for a Dissertation on Business Law The law of contract is fundamental to business transactions. Although legislature guides the formation of a company, the law of contract plays a more important role in organizations business dealings. Contract law determines how the shareholders, employees, and employers of an organization conduct business. This law also forms the major frameworks according to which business organizations carry out transactions with external entities. A contract must not be a signed agreement. Contrary to popular beliefs, contracts do not come into effect only when both parties sign the dotted lines. The laws of business state that spoken or written agreements via the phone, e-mails or even social media can be taken as a legally binding contract as long as certain conditions are met. The conditions to be met include: an agreement between both parties on mutual obligations and a remuneration. A regular lease is different from a commercial lease. Businesses looking for property to lease have two options: a commercial lease or a regular lease. Commercial leases put more power in the hands of the owner rather than the business. Taking out a commercial lease means the property owner decides on payment schedules, maintenance and how one can actually use the property commercially. Regular leases give businesses more opportunity and control over how they go about their business in the leased property. A director’s guarantee in terms of leasing is not normal. When conducting business transactions, providing a director’s guarantee for making large purchases, taking out a lease or a loan for the same purposes is illegal. Business law states that providing a director’s guarantee means that you or the director has staked his personal assets against that transaction. It also means the transacting party does not believe in or trusts the business’s liquidity or capacity to payback. Copyright and trademark are different entities in business Law. These entities are backed by the different legislature and business laws. Copyright generally refers to creative work, while trademarks are the peculiar thing that differentiates your product or services from that of the competition. Under contract law, a copyrighted object or subject is not protected under trademark legislations. That is why both entities fall into totally different categories in relation to intellectual property theft. Online and offline advertising are both guided by business law. Contrary to popular beliefs, online advertising is also guided by the same legislature outlawing trademark infringements and the like. The Australian Consumer and Competition Law is just one example of business laws that regulate how business conduct advertising campaigns online. Infringing on established offline or online trademarks lead to consequences and retributions backed by law. A termination agreement is important in contract law. According to business law, a termination agreement between an employer and an employee provides certain guarantees. It is nothing more than legal documentation stating that a contract has ended as well as the terms associated with that ending as specified during the time of employment. This agreement protects both parties. The employee is protected from wrongful termination and the employer is safe in terms of the future lawsuits stemming from perceived wrongdoings from the employee’s perspective. A personal will and a business will are different entities. Under business law, in most cases, a personal will dictating one’s choice on arranging his or her affairs is not enough. This is because business transactions are run through multiple contracts and agreements. Therefore, it is expected under business law that entrepreneurs create separate wills to handle different affairs adroitly. It is important to note that the business will is also a binding contract between all parties involved and it is backed by its own legislation. In the US commercial law is enforced by Congress and state governmental entities. Business law is the province of the US Congress that regulates the commercial and individual legislation in use. Some of these regulations might be adjusted in terms of the local legal acts, but most of them should be used strictly according to the federal law. A general law known as the Uniform Commercial Code has also been adopted with minor changes or modifications by the 50 states in the US. This means that although legislations may differ in certain cases, a contract breaches can be handled through a uniform format regardless of a business’s location in the US. Contract law does not exclude contracted parties from liability to negligence. Business law takes a hard stance on liability for negligence that leads to employee death. According to business law, no party taking part in a contractual agreement can escape liability due to negligence by pointing out terms and conditions included in a contract. Therefore, putting such clauses exempting a business from liability due to negligence will not be upheld in any court. Legislators might however divide the responsibility among parties if an incident to the negligence took place. Here we come to the end of the first article on the series covering business law and writing a dissertation on it. These facts are intended to provide a direction to students and give them the overall understanding of the subject matter. Other materials and tutorials for further reading are also available. We recommend that you go through the article on 20 business law dissertation topics when choosing your topic and read-up on how to write a stellar dissertation on business law when developing a structure for your entire academic writing project. References: Hutter, B. (2011). Understanding the New Regulatory Governance: Business Perspectives. Law Policy, 33(4), pp.459-476. Zwarenstyn, H. (2007). The Importance To The Businessman Of Understanding International Law. American Business Law Journal, 1(1), pp.60-63. Mntysaari, P. (2010). Commercial Law and the Theory of Management-Based Commercial Law. SSRN Electronic Journal. Rojas Elgueta, G. (2013). Understanding Discovery in International Commercial Arbitration through Behavioral Law and Economics: A Journey inside the Minds of Parties and Arbitrators. Taekema, S. (2014). Private Law as an Open Legal Order: Understanding Contract and Tort as Interactional Law. Netherlands Journal of Legal Philosophy, 43(2). Oliveira, N. (2009). The Private Law Society and Contract Law Application. European Review of Contract Law, 5(1). Lurger, B. (2005). The Future of European Contract Law between Freedom of Contract, Social Justice, and Market Rationality. European Review of Contract Law, 1(4).

See Below CJ230 Wk5 Example

See Below CJ230 Wk5 Example See Below CJ230 Wk5 – Term Paper Example The Exclusionary Rule The exclusionary act effectively prevents all sorts of illegal evidences that may lead to imprisonment. The exclusionary act can be considered as â€Å"the only effective tool the judicial branch has to check against illegal searches conducted by police after a crime† (Writing, 2011). Motivation for illegal investigations is obviated when new evidence is denied its way to the court. On the other hand, when something is rejected, the prosecutors have to assemble a lot of evidence because of the exclusionary rule. Consequentially, trials are delayed and the frequency of plea bargains rises which does not happen without additional expenses. Addressing the Supreme Court, Justice Scalia wrote that because of the exclusionary rule, a costly toll is created which is against the enforcement of law and as a result of which, social costs are greatly increased (Writing, 2011). Violence always exists whether or not it is discovered in the illegal manner. Many crimina ls that are guilty of offense roam about the town just because sufficient evidence could not be produced at the trial. Exclusionary rule is in US but not in UK. Although the exclusionary rule says, â€Å"no object may be used in court as evidence if obtained illegally or without a proper search warrant† (Oracle ThinkQuest, n.d.). yet jury in US hardly gets a cop convicted of obtaining the evidence by illegal means. Therefore, the English way does not suit US. Nevertheless, I personally am against the exclusionary rule and appreciate the way cases are handled in UK. It is hard to see a criminal moving around free when we are sure he/she did the offense. References:Oracle ThinkQuest. (n.d.). Exclusionary Rule. Retrieved from http://library.thinkquest.org/2760/exclude.htm. Writing, A. (2011, July 14). Pros and Cons of the Exclusionary Rule. Retrieved from ehow.com/info_8734116_pros-cons-exclusionary-rule.html.

The Zachman Framework Essay Example | Topics and Well Written Essays - 1500 words

The Zachman Framework - Essay Example Despite numerous achievements, many information systems leave sufficient room for improvement. Less than a decade ago, John A. Zachman (1996) wrote that information technologies and systems in most of Fortune 500 enterprises were in the state of deep frustration. Today’s information technologies are much better than those in the middle of the 1990s, but there are no limits to excellence. The Zachman framework exemplifies a successful attempt to revolutionize enterprise architecture principles and solve the centuries old problem of inefficient enterprise architecture, which hinders the development of relevant business frameworks. The beginning of the 1980s was marked with the rapid advancement of information technologies and systems. However, it was not before the end of the 1980s-the beginning of the 1990s that enterprise engineering ideas became popular and relevant. Throughout of the 1980s, most enterprise modeling ideas were limited to simplified application development, with no attention given to the concept of architecture and its implications for information systems evolution (Zachman, 1993). The lack of attention to enterprise architecture and reengineering precipitated the development of the Zachman framework. In today’s information systems practice, the Zachman framework is believed to be the most comprehensive and practical of all enterprise architecture systems known to the public (Urbaczewski & Mrdalj, 2006). The Zachman framework represents a logical structure that helps to clarify, classify, and organize the main descriptive representations of enterprise architecture (Zachman, 1993). ... The Zachman framework represents a logical structure that helps to clarify, classify, and organize the main descriptive representations of enterprise architecture (Zachman, 1993). The Zachman framework â€Å"comprises descriptive representations that are essential to successful management of enterprises and future development of information systems† (Zachman, 1993). The framework is built on previous models of architecture and engineering, used to organize processes and decisions in complex manufacturing processes (Zachman, 1993). The main goal of the framework is to simplify and facilitate the development of complex enterprise architecture solutions (Zachman, 1993). The Zachman framework is a bi-dimensional scheme of classifying all descriptive representations of any enterprise (Frankel et al, 2003). The framework comprises one vertical and one horizontal dimension; the former describes all perspectives of those who use the descriptions and models in the cells, whereas the la tter helps to answer â€Å"the basic questions of enterprise architecture – what, how, where, who, when, and why† (Frankel et al, 2003). Models represented in the Zachman framework include (from the top to the bottom) â€Å"scope, business model, system model, technology model, detailed representations, and the functioning enterprise† (Frankel et al, 2003). The scope sets the boundaries of enterprise architecture and creates a general picture of enterprise architecture to be considered by managers (Frankel et al, 2003). The business model incorporates all types of architectures and frameworks used by corporate owners (Frankel et al, 2003). The system model is devoted to architectures and systems used by architects and engineers,

The Undermining Of Nationalism By Globalization Essay

The Undermining Of Nationalism By Globalization - Essay Example Since nationalism focuses on the patriotic feeling, globalization does not have any such attachments so to speak (Taylor 2002). The element of a proper national identity seems amiss when one discusses the finer aspects related to globalization, as this has added to the internationalization of individuals, companies, and events in entirety. There is a great deal of learning at hand with regards to nationalism and globalization which will be discerned and discussed in the context of this paper. Nationalism is a combination of the national rights that an individual has for his own nation. But globalization does not agree with the same premise. Therefore nationalism has more relation with the nationalistic stance as compared to the globalization debate. In some viewpoints, nationalism goes one step ahead of globalization and hurts its cause. Therefore it would not be wrong to suggest here that the nationalism regimes get seriously undermined by the globalization approaches that are undertaken every now and then. The companies have also held on to this belief for a long time now, especially with the advent of the globalization realms which have shaped up the world, and have played their vital role at changing perspectives. Since individuals and corporations have long relied on the extent and positives attached to the phenomenon of nationalism, globalization has taken a nosedive especially within the quarters of the patriotic feelings and sentiments (Moeller 2006). However this cannot be said with reference to the business conglomerates, multinational organizations and business corporations of repute who have for long believed in the premise of going global and staying within the national domains as well. There are some hindrances in terms of studying the globalization ranks but one thing which assures the debate is that globalization is here to stay as it brings quite a few positives which the phenomenon of nationalism has been unable to inculcate or provide in the recent past. Nationalism can be taken control over yet globalization remains an entity which is still unexplored and there is much to learn in the coming days (Guibernau 1996). Globalization is a very strong and mighty phenomenon which can easily absorb the nationalism concept yet nationalism keeps on coming back to haunt the basis of globalization in the current times.

Human Resource Management and the Banking Sector Essay Example for Free

Human Resource Management and the Banking Sector Essay tHuman resource management and the banking sector By Imran Samad Human resource management (HRM) has long been overlooked in the corporate sector in the country where a small section, comprising mostly the multi-national companies was practising the same. With the growing realization of proper HRM in the corporate sector, it has grown into an important activity. Now the head of HRM is an important member of the senior teams of any thriving business. Although the idea is new for many local businesses where entrepreneurs are at the beginning of the learning curve yet in reality the theme is getting support from the organized entrepreneurs. The banking sector has grown from a few institutions primarily involved in deposit acceptance and trade finance into a complex multi player markets where large number of commercial banks, financial institutions and specialized banks are operating with various products and activities. The banking has become a complex activity within the financial market linked directly and indirectly with an over-all national growth and its impact as an integral part of regional segment of a global banking environment. Almost every bank and financial institution is involved in various functions in a days job and thus requires a highly effective team and appropriate manpower to run the show. Corporate goals are translated into viable realities and profits only with human element who play their due role in achieving the desired results. Thus even the high automation would require proper man behind the machine to make things happen. This idea has been realized by top managements in progressive banks. Like many other organized sectors, banking requires a multi layer manpower for its various requirements of professionals and support staff. The range may require reasonably educated security guards on the one end and a highly educated and trained professional as head of corporate finance at the other. With liberalization of activities within the banking sector, for example, more emphasis on consumer and house finance and personal loans, etc. banking has turned itself into a more market-based business where banks have expanded their reach more to customers door steps in a big way making banking more practical. This has further highlighted the need for proper deployment of man-power to run banks efficiently. For many years, HRM banks like other institutions have been handling this sensitive activity through respective personnel departments. This means human resources were managed like other physical assets e. g. pieces of furniture, calculators, equipment and appliances. Personnel departments were primarily engaged in approval of leaves, handling of staff loans, issuance of show cause, conducting disciplinary enquiries and termination from service. Recruitment was a routine function and was done in a mechanical way to hire people with specific educational background irrespective of their real value to the institution. Success stories of large banking companies have been evident of the fact that HRM is quite different from management of physical assets. Human brain has its own peculiar chemistry. Its strong sensory and decision-making capacity has to be greatly emphasized by the employers. The work force constituting all levels of employees are constantly thinking in many dimensions. On the one hand it is the assigned duty and task they are to perform and for which they are paid by their employer, on the other they think of their long run goals and objectives. By no means, their brains can be controlled to think beyond the current situation of employment. Managing this educated, skillful and trustworthy work force is not an easy job. A few of the current challenges faced by the banking industry in terms of human resource management may be the following: Effective work force:Â  A time-consuming and hectic job is to hunt the right talent. Its just sitting by the river and waiting for the right fish to catch. Higher the professional value of the vacancy, tougher is the search. Identifying the right stuff followed by negotiation is the element which makes the job tough for the employer. Banks are keenly interested to fill up two types of breads of professionals. Ones who are outstanding professionals with high job hopping attitude these are those who come in work for some time and then leave for better prospects. Others are those who are keenly picked-up, trained and are some how retained to be developed as future management within the bank. Management trainees are a growing popular phenomenon where freshly qualified business graduates are engaged by banks and a certain percentage of these well equipped professionals stay back within the organization to grow into the footsteps of senior managers. Banking jobs being apparently lucrative for many, attract a large number of candidates against advertised vacancies in media creating a large data base management problem. This has been facilitated by specialised hiring agencies who may take up the job of hiring in case of large number of vacancies. Right people:Â  The most difficult agenda of HRM across the banking sector is to retain the right people. Sudden growth of retail banking and other services has put pressure on HR mangers in banks to engage more professionals within shorter span of time thereby attracting manpower in other banks on attractive packages has made the job market very competing. A bank in a normal course invests time and money to hire and train the appropriate work force for its own operations. This ready-made force is often identified and subsequently picked-up on better terms by others. Compensation:Â  How much to pay to the right employee and how much to the outstanding performer. Banks have traditionally followed pay scales with predetermined increments, salary slabs, bonuses and time-based fringe benefits like car and house advance, gratuity, pension, etc. The situation is not the same anymore. An increment of Rs500-800 per annum is no more a source of attraction for a professional anymore. A basic pay with traditional formulas of linkage with medical and other facilities has no soothing effect today. A promise of future growth, learning culture and corporate loyalty is out of dictionary and does not mean anything to this energetic and competent performer today. A waiting period of 3-4 years in each cadre haunts the incumbents who strongly believe in immediate compensation. There are examples to this. Thanks to the car financing modalities car is no more a fantasy item any more. A freshly hired professional requires a brand new car or car loan on resuming office quite contrary to his previous breed of bankers who would wait for the job seniority to qualify for a car loan. Job satisfaction: Everybody in the bank wants to work in the preferential department, preferential location, city of his own choice and boss of his liking. An administrative deviation from any of these results in lowered job satisfaction. Although hiring is normally based on regional requirement matching the area of activity with that of employees nativity yet other elements like appointment in the department of choice and preference makes the job of HR manager quite challenging. What the HR manger cannot afford is the dissatisfied employee who not only disrupts the smooth working himself but also spreads the negativity to others by his de-motivated attitude. Morale boosting:Â  What has long been overlooked is the morale boosting of the employees by the organizations. Human beings even if satisfied of material wellbeing need to be appraised and encouraged constantly. Smart banks have realized this need and have taken steps to keep their work force motivated through proper encouragement like man of the month awards, repeat get-togethers, conferences, sports events, dinners, company sponsored travel, reunions, etc. This is the way employees create a feeling of belongingness.

Irony in Sophocles Antigone Essay -- Antigone essays

   Frank Jevons in â€Å"In Sophoclean Tragedy, Humans Create Their Own Fate† comments on Sophocles’ irony: In this connection we may consider the â€Å"irony of Sophocles.† In argument irony has many forms That which best illustrates the irony of Sophocles is the method by which the ironical man, putting apparently innocent questions or suggestions, leads some person from one preposterous statement to another, until, perhaps, the subject of the irony realizes his situation and discovers that when he thought he was most brilliant of impressive, then he was really most absurd. . . .(62).    Let us explore the irony, in Sophocles’ tragedy Antigone, and see if we don’t conclude that, as it applies to King Creon it brings quite the same result as in Jevons’ stated situation.    In Sophocles: The Theban Plays E. F. Watling comments on Sophocles’ usage of dramatic irony in his dramas: â€Å". . . that powerful and subtle weapon of ‘dramatic irony’ which Sophocles used with especial skill, whereby the audience can judge every speech and action of the play in the light of their previous knowledge of the situation† (12). M. H. Abrams defines dramatic irony as a situation wherein:      Ã¢â‚¬Å"the audience or reader shares with the author knowledge of present or future circumstances of which a character is ignorant; in that situation, the character unknowingly acts in a way we recognize to be grossly inappropriate to the actual circumstances, or expects the opposite of what we know that fate holds in store, or says something that anticipates the actual outcome, but not at all in the way that the character intends†(137).    This type of irony is commented on by Thomas Woodard in the Introduction to Sophocles: A Collection of Crit... ...dings on Sophocles, edited by Don Nardo. San Diego, CA: Greenhaven Press, 1997.    Segal, Charles Paul. â€Å"Sophocles’ Praise of Man and the Conflicts of the Antigone.† In Sophocles: A Collection of Critical Essays, edited by Thomas Woodard. Englewood Cliffs, NJ: Prentice-Hall, Inc., 1966.    Sophocles. Antigone. Translated by R. C. Jebb. The Internet Classic Archive. no pag. http://classics.mit.edu/Sophocles/antigone.html    â€Å"Sophocles† In Literature of the Western World, edited by Brian Wilkie and James Hurt. NewYork: Macmillan Publishing Co., 1984.    Woodard, Thomas. Introduction. In Sophocles: A Collection of Critical Essays, edited by Thomas Woodard. Englewood Cliffs, NJ: Prentice-Hall, Inc., 1966.    Watling, E. F.. Introduction. In Sophocles: The Theban Plays, translated by E. F. Watling. New York: Penguin Books, 1974.   

Policing Trends and Issues Essay

* History and roles of law enforcement in society. During the history of Law Enforcement the duty of police is to maintain order, dealing with lawbreakers. At the same time, citizens were responsible for protecting themselves and maintaining an orderly society. With the pass of the time, throughout the Law Enforcement field, organized police department have change dramatically. In addition, the modern style police departments did not appear until the fourteenth century in France and nineteenth century in England. Moreover, the first police officers were Praetorian Guard, who was a select group of highly qualified members of the military established by the Roman emperor Augustus to protect him and his palace. During the 1829, Sir Robert Peel credited with establishing the first English police department which was the London Metropolitan Police. At the same time, during the seventeenth century English policing system also used a form of individual, private police known them also like the Thief-takers. The Thief-Takers were private English citizens with no official status who were paid by the king for every criminal they arrested. The roles of law enforcement in society are criminal apprehension, conviction, and crime prevention. Throughout the history and roles of law enforcement many things have changed for example the treatment and punishments for offenders. In the past offenders were treat as animals and slaves, because while in prison they cannot communicate each other, during meal, and work. Moreover, during that time they have very strict rules, such as silent obedience, discipline, and labor, which they have to follow, and many offenders died inside of the prison as a result of brutal treatment. Now, offenders receive a different treatments and punishments, they are able to have communication with their inmates, and they do not receive brutal treatment like animals. They also form their gang members and sells drugs  while in prison. Then, during the 1980’s and 1990’s included the development of a computer revolution in policing involving communications, record keeping, fingerprinting, and criminal investigations. * Levels of jurisdiction. Police has jurisdiction and their city sheriff has jurisdiction over the county. * Distinction among the multiple functions of modern law enforcement agencies. * Analysis of historical events that have shaped modern policing practices. Past II – Scenario 1. Throughout the history of police agencies, there have been different traditions surrounding how to handle DUI stops. If you were on routine patrol and stopped a vehicle on reasonable suspicion of driving while intoxicated, and discovered that the passenger was your next door neighbor, what would you do? Historically, how would law enforcement handle this type of situation versus today? First at all, I will not care if he/she is my next door neighbor or even a family member, because I choose to become a police officer to protect and help my community without being corrupt. Then, I would do the right thing, without caring who is committing a DUI stop because my job is serving as a police officer and treat all people equal. I will handle this type of situation by asking for their license, insurance, and registration. In my opinion I think that law enforcement in the past should act violent, with the people. On the other hand, comparing it with today police officers should just ask for their license, insurance and registration, without any aggression against people. 2. You are on foot patrol and a citizen who is known to be a drug dealer walks up to you and complains that another officer is talking money from him. He is afraid of retaliation and is unsure how to handle this. What is the ethical and professional response to this, and why? 3. You are on duty and having lunch. While you are eating, a citizen walks up to you and tells you that the bank across the street is being robbed. How do you respond? Who has jurisdiction and why? 4. You have recently completed field training and are on routine patrol when you receive a call to a disturbance in a home, when you arrive, you realize that one of the individuals involved is threatening suicide. You have not been trained to deal with suicide threats. How do you respond? 5. You are on routine patrol and you notice two individuals on the street looking inside of jewelry store. It is 85 degrees out in the middle of July and they are both wearing heavy winter coats. Explain which Supreme Court case would apply and what you would do in this situation. 6. You are recruit that has just graduated from the academy. It is your first week being trained on the street. You and your Field Training Officer walk into a department store and you observe him taking an item without paying for it. You leave that store and on your way out he tells you that if you are questioned by anyone, you did not see anything. What do you do in this situation? Part III – summary Reactions * How do ethical decisions tie into the profession of policing? Ethical decisions tie into the profession of policing by doing the right thing. In other words, ethical decisions are a set of standards that tell us how we should behave at all times. In addition, no one stands without a code of ethics; everyone has to follow their code of ethics based on their positions. For example, ethics are more than what we must do its doing what we should do following a code of ethics which requires self control at all times. Moreover, ethical decisions tie into the profession of policing by doing the right thing and seeing the difference between the right and wrong thing. These ethical decisions are very significant in the field of policing because each ethical decision has consequences. For example, when you do the right thing you can gain sacrifice, pride, integrity, reputation, honor, respect, caring, responsibility and satisfaction than doing an unethical decision and having bad consequences for your career. * In the scenarios above, and in general, why do you think it is important to maintain ethical and professional behavior in the workplace at all times. It is important to  maintain ethical and professional behavior in the workplace at all time, because it help you to have self-control, give fairness for all, and because it affects our workplace or business. Another reason of why ethical and professional behavior is important in the workplace at all times is important is because having a good conduct helps maintain a high level of respect not only for people but for the profession you have. In other words, as a professional, you need to know the things you should not do because each workplace has a different ethical code of behavior that has to be follow and not to be violate. On the other hand, being honest, having respect and telling the truth all times at work is an ethical thing to do. Maintaining an ethical and professional behavior in the workplace at all times, have benefits, which are helpful such as respect, integrity, and honor. Also each professional behavior has a result of progress, and success. Then, having an ethical and professional behavior is important because if you chose a career in criminal justice you have to serve and protect people from criminals by doing the right thing not by being corrupt. * Describe why it is important to understand the function of law enforcement within the criminal justice and how understanding this can better prepare you for a career within the criminal justice field. For example, if you chosen career function is corrections, how does law enforcement work with the correctional system in ensuring justice is served?