Discussing Some Common Legal Issues and Their Remedies - Essay Example

Paper Discussing Some Common Legal Issues and their Remedies Q Federal law in the US strongly requires the law enforcement agencies to obtain warrants before searching anyone’s private property. The boat of Pedro and Rolando did violate customs laws by re-entering the Miami without submitting to conventional checks and therefore, their conduct had justified subsequent police action. The Police is however, supposed to conduct customs searches and seizures on designated locations only. The search that took place at a Miami shoreline was illegal in itself (Jennings pp.159) because of the fact that the officials did not have the capacity to search the vehicle but they had to bring to the checkpoint and conducted a search there. Still, the Police may be able to pin both of the individuals for drug trafficking and possession if they have seen marijuana in plain sight and if it is not the case then, the seizure and search took place in the given scenario is not admissible to the court of law. The couple can only be prosecuted for violating customs check. Q.2 The need to practice due diligence is applicable in this case because Tangelo was well aware of the dangers that were associated with watching a baseball game (Jennings pp.300). Additionally, she had read the statement behind the tickets which relieved the organization from any kind of liability for an incident that may take place during the games and that formed a tort. Furthermore, the featured organization had taken preventive measure in order to contain the ball and the punching of a hole in the net can be identified as a mere coincident. The whole incident can be presented as a consequence of a decision to go and watch a game while; the injured party was having knowledge of the risks and therefore, cannot claim successfully for damages in the court of law. The court might decide to apply ordinary damages in this regard. Q.3 The purchaser has already conditionalized its performance with a favorable outcome of an event and therefore, the condition of obtaining a loan from the bank was a valid part of the contract that was signed by both parties (Jennings pp.35). The claim of specific performance is invalid because the purchasing party stated a condition that has to be fulfilled before a contract can be practiced. The seller however, can claim damages and specific performance against the involved bank whose manager did not supply the seller with a loan on a personal conflict. If the bank’s incapacity to loan the seller is legally justified then the charges will be dropped. Q.4 The environmental laws are growingly applied in order to preserve natural habitat of earth and therefore, the companies are strongly being recommended to take stronger measures towards returning to the environment what they have taken from it previously. Additionally, the companies that have become sensitive in the direction of preserving natural environment over the past few years are now adding environmental costs while, performing strategic decision making (Esty pp. 25). The governments on the hand are applying environmental taxation on firms that are known to pollute the environment in abundance. Finally, the companies like Herman Miller, FedEx and McDonalds have been cited in the book with the title of “Green to Gold” for their exceptional level of strategic dedication for environmental safety. Q.5 The companies are liable for the safety of their employees under the US labor law. The excuse that Nick was operating the crane in an inappropriate way means that he is either incapable or poorly trained. In both of the cases organization is at fault because either they are making an untrained or poorly trained person to run the crane. The company should have known about Nick’s poor ability to manage crane. Based on the above argument, Nick is fully capable and eligible to receive damages and treatment expenses from his employer. Q.6 The pay structure is determined on the basis of one’s participation in the organization. The job’s worth is directly related with one’s pay scale and the law suit that states that the company is discriminating amongst employees by paying less to lower levels and higher to the higher ones is not logically aligned because of the fact that every company in the world does that. The senior and high-ups receive greater compensation because they have to make important strategic decisions while, guiding the company forward (Jennings pp.452). Furthermore, they have experience that enables them to take decisions and the lower staff is usually deficient in this regard and because of this reason, they have to work hard and gain expertise before becoming a part of the strategic workforce. Finally, the court has to evaluate the reasons for which females are hired at a lower end of the organization and this can be determined by analyzing and evaluating the recruitment and selection process of the company. Q.7 The companies that have $10 million in assets and they have 500 equity shareholders are required to submit a 10K report that is a format for publicizing financial performance of the period. Until, march 2009 the smaller companies were also supposed to submit their financial performance but nowadays only big organizations are required to do this. The larger companies’ financial performance impacts many lives and therefore, it is mandatory to tell public about their performance. The public companies are also required to report their current financial information on the form 10Q. The public enterprises are required to report their fiscal matters on a consistent basis and 10Q is a prescribed format to do so. Finally, 8K forms are most widely used ones and they are primarily used in order to notify the investors about important events and occasions. The form is used by all of the companies regardless of size and industry. Q.9 The business partnership is believed to be a documented or undocumented agreement amongst two or more entities. The partnership agreement can also be established orally or in a written form. The partnership agreements are also used to record investment and profit margins of all the participants. The changes can be made in the agreement on the presence of each party’s consent. The agreement also determines the respective duties and responsibilities of all the partners. The partnership can be forged for a limited number of years and all of the partners are considered representative of each other in the business world. The partners will shave unlimited liability and their private assets will and can be sold in order to cover unpaid debts. The partnerships are loosely coupled and therefore, they can be formed easily (Jennings pp. 163). a) Freedom of Speech: - The freedom of speech is an integral part of every nation’s constitution. The freedom of speech must not be used to defame others in any case (Esty pp. 81). The freedom of speech must be used in order point out the undesirable behaviors in the society without defaming others. b) Federal Court System: - The federal court system is known to compromise supreme, district and circuit courts that are used to provide justice to public. The ordinary issues are dealt by district and circuit courts while, the parties preserve the right to challenge a decision in a higher and more powerful court of law. c) Unlawful Searches and Seizures: - The unlawful searches and seizures occur when law enforcement agencies engage in illegal searches and seizures without obtaining authorization from court (Jennings pp.345). The searches can only be conducted if a legitimate cause can be identified and checkpoints have been exempted from the rule. Works Cited Esty, Daniel. Green to Gold. New Haven: Yale Unicersity Press, 2006 Online. Jennings, Marianne. Foundations of the Legal Environment of Business. New York: Cengage Learning, 2008 Online. Read More