History: Federal Trade Commission instituted a deceptive advertising proceeding against Kraft Inc. Kraft was instructed to terminate certain ads due to false advertising.…
Unfortunately, a corporation can be charged and convicted of any number of crimes. If the employees or officers within a corporation violate the law on behalf of the corporation and within the scope of their employment, the corporate entity would be open to criminal charges. Corporations can be convicted of criminal wrongdoing in the same manner individuals are charged and convicted. In addition, individuals within the corporation can be charged as well. Commonly, when a corporation is charged, many of the top officers will be charged along with the corporation as an entity.…
If Mary damages a client’s hair she would be held liable. According to our textbook, Mary would cause injury to the plaintiff. Mary was to provide a duty of care to the customer. She breached this duty of care “failure to exercise care or to act as reasonable person would act (Cheeseman, 2010, p. 81).” The reason I state, that is because the customer trusted Mary with their hair and she damaged the client’s hair. As long as Celia and Mary register their boutique name with the United States PTO in Washington, DC, and the PTO approved it, there should not be any legal problems. If Celia and Mary decide to offer…
Is it constitutional to take away money from a person although it was gained for an interview with a publisher about one’s past crimes? Is it constitutional to take the money and give it to the victim of these past crimes? Does this or does not contradict the First Amendment which allows to express one’s mind freely with no discrimination concerning the context? The dispute over the Son of Sam law can be lead down to one question: whether speaking about crime is also a crime. Obviously, there could be two answers, one negative, and another one positive. According to the Son of Sam law, there is only one interpretation: if a…
In the 1950 case of P. Lorillard Co. v. Federal Trade Commission, P. Lorillard Co., the makers of Old Gold cigarettes, were ordered to “cease and desist from making certain representations found to be false in the advertising of its tobacco products (Warner, et al., 2012, p. 950) From a practical perspective in the 1950’s caveat emptor, or “let the buyer beware” is not a fair or reasonable expectation. While the careful consumer could have looked at the article, the culture of the time was not anti-smoking as it is today. The careful consumer at the time was not savvy to the wealth of scientific data regarding smoking and health. The actual ad, see Figure 1: 1942 WW2 Era Old Gold Santa Cigarette Ad, states that the impartial tests were not done to boost sales or claim superiority of brand. The ad misleads the consumer to believe that it was impartially discovered that Old Gold had the stated attributes.…
The Title VII of the Civil Rights Act protects individuals against employment discrimination on the bases of color, as well as national origin, sex, religion. This law applies to any employers with 15 or more employees including the local state, government, employment agencies, labor organizations and federal government jobs.…
A graduate from WIU notified the police about a child being beaten. The graduate student then gave the officers the home address of where the reported abuse was coming from. Officer Gung Ho and his partner Nab went to the home they were notified about. Police knocked on the door and Ms. Smith answered. Police explained why they were at her place of residence and Ms. Smith invited the officers in and called for Sam, the child. A man named Joe Thug, and Sam both came out of an upstairs room. Thug started yelling at the police to get out of the house unless they have a warrant. Officers told Thug to remain in the room, but as he did so, Officer Ho noticed what appeared to be “cigarette burns” on Sam’s arms. Officer proceeded upstairs after Joe…
____ U.S. courts have no jurisdiction over foreign businesses with operations in the United States.…
In the late nineteenth century, the United States of America saw companies flourish. Advances in technology greatly increased output and lowered costs of many goods; people were also making more money and the nation was truly prospering. Due to the booming economy, a great deal of changes occurred. Companies started to grow at a faster rate, and soon there were enormous companies that seemed to rule their individual industries. It quickly became apparent that some firms were monopolizing the industries, making prices higher and lessening the competitiveness of the market. Many companies were also fixing prices, forcing other businesses to pay ridiculous amounts since they had no other options.…
The Clayton antitrust act was passed in 1914. The act was drafted by Alabama Democrat Henry De Lamar Clayton. President Wilson instructed congress to come up with the act when he went into office in 1912. Wilson felt as though large companies had too many freedoms. The Act was put into effect to prohibit anticompetitive price discrimination, prohibit against certain tying and exclusive deal practices, expand power to private parties to sue and obtain triple damages, labor exemption that permitted union organizing, prohibition against ant compatible mergers. Company mergers have to go through the Federal Trade Commission and The Department of Justice for regulation to be approached. It is not uncommon for a merger to be disapproved. Like…
The Sherman Antitrust Act was enacted on July 2nd, 1890 which prohibits activities that restrict interstate commerce and competition in the marketplace.…
The potential clients are Rob Sherman and his wife, Bunny Sherman. They have a 15 year old son, Rob, Jr. Mr. and Mrs. Sherman’s goal is to file suit against the Church of the Divine Light, which is in practice similar to the Church of Scientology, but is in actuality independent of any organized church. The couple alleges that they have suffered damages by the Church of the Divine Light (the Church) as has their son.…
Large corporations began to form monopolies in the 1800s. Competition helps the economy, by allowing the control of products and prices. However, in a monopoly there is only one seller of the product. Monopolies may cause prices to increase greatly, but only the corporation benefits. In order to seize control of large corporations was to form a trust. The federal government passes a series of antitrust laws in order to have a successful economy.…
“...Act to protect trade and commerce against unlawful restraints and monopolies.” (Clayton Antitrust Act of 1914 article) The election offered voters several choices: Wilson’s New Freedom, Taft’s conservatism, Roosevelt’s Progressivism, or the Socialist Party policies of Eugene V. Debbs. Clayton act prohibits corporations from acquiring stock of another if doing so would create monopolies. Wilson turned his attention to financial reform when the nation needed a way to strengthen the ways in which banks ran, as well as a way to swiftly adjust amount of money in circulation. Clayton Antitrust Act, a federal law that did away with monopolies and unfair businesses, passed by President Wilson.…
“In this congressional legislature, a bare majority of votes can enact commercial laws; … create the most oppressive monopoly upon the five Southern States, whose circumstances and productions are essentially different from those of theirs, although not a single man of these voters are the representatives of, or amenable to, the people of the Southern States. “…