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Fundamentals of Business Law and Ethics Discussion Fundamentals of Business Law and Ethics Discussion Also, identify any of thesix purposes served or targeted by the following laws. Explain how you reached your conclusions:a. Rule in condominium by-laws that prohibits condominium homeowners from running a business from their condominium. Condominium by-laws are not a statute; they are part of a contract. Therefore, breaking the by-laws is a breach of contract.When asked the actions that homeowners could take under the Condominium Act to contest decisions and actions that are taken by the association of unit owners and board of directors.
One is also requested if the act authorizes the unit owner could repair the significant damage in the common elements without the boards approval. Most questions assume that the home owner is in a condominium that must be governed by the Condominium Act.b. Private college policy that sets sign limitations and location restrictions for picketing or conducting non-violent protests. The main use of the Services by all the Members, is a subject to all the applicable local, national, state, and international rules and regulations as well as the required laws.
The tagged reserves the right, and does not assume any duty, to monitor the Services to enforce this Agreement. While learning of all the violation of this Agreement. It is tagged at its sole discretion that is terminated in the access to and use of the Services that is required that one corrects such violation, or take any other required actions that Tagged the most appropriate and enforce the basic rights and pursue all the available remedies.c. Law that allows gun owners with concealed carry permits to bring guns into public places, including bars.
For instance, this is a private and civil type of laws .Gun owners tend to make the legal purchases that are required to pass a federal background-check and in most countries must meet most of the standards that obtain and carry or provide permission such as age and training.d. Law that prohibits racial discrimination in hiringPublic and civil type of laws. Title VII of the Civil Rights Act of 1964 prohibits most discrimination in hiring, and promoting, discharging, paying, fringe benefits, providing job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex or national origin.2. This is different than the six purposes of law.
For each of the following laws, state and define the source of law and explain how the definition you provide applies to the law below.a. United States Department of Labor laws that regulate work hours:United States Work Hours .These are Wage & Hour Division: District Office Locationsb. An Ohio law that calls for annual increases in the hourly minimum wage: Minimum wage in Ohio increases by 15 cents an hour. Policy Matters Ohio, a non-partisan organization that studies Ohios economy, says the increase will boost the wages of more than 277,000 Ohio workers.
Voters in Ohio approved a constitutional amendment in 2006 that calls for annual increases in the hourly wage.c. Gov. Kasich s Common Sense Initiative to reduce regulations which have an adverse economic impact on small businesses:Ohio MattersIn 2011, Governor Kasich created CSI and placed it under my leadership, and since that time we have been moving forward to streamline Ohio’s business regulations and help make Ohio more business-friendly. This report highlights our efforts in 2013 to build on the accomplishments of CSI’s first two years, and is tied to the goals originally established in our 2011 Strategic Plan.
Since 2012, when all proposed rules that impact business were required to go through a CSI analysis and review, business rule filings have decreased by 25 percent over the historical average. As importantly, agencies now understand that before they can propose business rules, they must work with the impacted business stakeholders and articulate how the rules actually protect the public. As a result, we are creating more effective regulations while also reducing the unnecessary burdens to Ohio’s job creators.d. An agreement with India to allow the importation of mangoes:U.S. Braces for (Indian) Mango MadnessMangoes that are grown in India could be sold in the European Union, after the 28-nation bloc lifted an import ban.
The EU inspectors found fruit flies and tobacco white flies in the infested shipments. This is because it was harmful to humans, but also pose a serious threat to European tomato and crops, which are worth hundreds of millions of dollars annually.Despite warning India of the problems, officials say the number of infested shipments kept rising in 2013, and a ban became necessary.3. In recent years, our local Common Pleas Court has issued injunctions (court orders to stop a specific action) to close several bars with numerous instances of crime and violence, based on nuisance laws.
Nuisance laws allow cities to pursue court orders to rid their communities of property that injures the health, safety and welfare of its citizens. Case law was created when business owners appealed the decisions of the court and the appellate court issued written opinions analyzing the law of nuisance:More liquor license objections succeedingAfter reading the article above, define precedent and stare decision and explain how each will help a trial court judge in Montgomery County when they are faced with the task of deciding whether to close a different bar for similar instances of misconduct?
If you were a business owner, how would having knowledge of case law relevant to your business help guide your business decisions?A nuisance is the legal term and a condition that uses the property that interferes with neighbors that use the enjoyment of those properties, endangering of life, health or safety. It is also offensive to others. Under the Abandoned Property Rehabilitation Act, abandoned properties that are presumed that the nuisances have negative effects on the nearby properties and the residents become the users of those properties.
For that reason, the deliberate targeting of the nuisance abatement resources should be inadequate in the recognition of the public officer who should continue to report the complaints of the respond to most of the emergencies in different places in the municipality. The office that is responsible for nuisance abatement should seek to pull together most of the resources and the capacity to be able of strategically target the required efforts.On pages 6-7, your textbook identifies six schools of legal interpretation.
When asked to apply the law, judges are often required to interpret the meaning or purpose of the law to give it the effect intended by the legislature when it was passed. This is especially important in cases where the facts of the case require the court to apply laws that may be conflicting and the court must balance the competing interests and choose the right one. For the following legal conflicts, identify which of the six schools of thought would help the Court reach the best decision:a.
Judge asked to recognize a gay partner s status as a surviving spouse, even though state law does not recognize gay marriage. State which school of thought would allow the judge to recognize a gay partner as a surviving spouse, define that school of thought and explain why it applies to this set of facts. Also state, define, and explain which school of thought would not allow the judge to recognize a gay partner as a surviving spouse.Judge rules for Ohio same sex coupleAl Gerhardstein, is the civil rights lawyer who once filed three gay marriage lawsuits in Ohio.
With that, Judge Timothy Black insisted that marriages performed legally elsewhere to be treated the same way the traditional marriages were performed in Ohio. Therefore, the gay marriages have rights according to the laws.ReferencesWilmshurst, E. (2012). International law and the classification of conflicts. Oxford, U.K.: Oxford University Press.
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