determining whether s51(xx) supports a law‚ we need to determine whether the character of the law by reference to the creation of rights‚ powers‚ liabilities‚ duties and privileges belonging to a s51(xx) corporation is sufficiently connected to s51(xx) (McHugh J in Re Dingjan; Gleeson CJ‚ Gummow‚ Hayne‚ Heydon and Crennan JJ in Work Choices; Grain Pool). Sufficient connection means that the law must have some significance for a s51(xx) corporation‚ and the law must regulate the conduct which have beneficial
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ANSWERS TO AICPA QUESTIONS CHAPTER 10 INTELLECTUAL PROPERTY RIGHTS AND THE INTERNET 1. (a) Computer software is covered under the general copyright laws and is therefore usually copyrightable as an expression of ideas. Answer (b) is incorrect because copyrights in general do not need a copyright notice for works published after March 1‚ 1989. Answer (c) is incorrect because a recent court ruled that programs in both source codes‚ which are human readable‚ and in machine readable object
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to make judgment call. Special duties‚ Duties to Persons on property Premises liability cases‚ involve possessors of land & those who enter it. Entering party classifications: Invitees: Business visitors‚ people using public property Licensees: possessor must give consent‚ enter for purposes other than to do business Trespassers: Neg. per se: D’s violation of reasonable behavior may cause a breach of duty & may allow P to win if: Was within the class of persons intended to be protected by the statute
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remedy when there is no available remedy at law. Deals with fairness in justice‚ usually stemming from natural law. Injunctions‚ court orders‚ restraining order. Civil action. * Court of Law – “black letter law” you did or did not do something. * Legal action – action typically for money damages such as a tort or breach of contract action. Criminal charges. Sources of Contemporary Law * United States Constitution – supreme law of the land. Any law that conflicts with it is void.
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Chapter 14 You are given the following two IS curves that show how real GDP (Yt) in the current time period t depends on the current interest rate and interest rates in previous periods‚ where rt is the interest rate in time period t. Furthermore each time period corresponds to a quarter or three months. Yt = 8‚800 - 25rt - 25rt-1 25rt-2 - 25rt-3 - 20rt-4 - 20rt-5 20rt-6 - 15rt-7 - 15rt-8 - 10rt-9 Yt = 8‚400 - 5rt - 5rt-1 5rt-2 - 5rt-2 - 5rt-4 - 10rt-5 15rt-6 - 15rt-7 - 15rt-8 - 20rt-9 Suppose
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Harry (H) who is the father of James (J) is attempting to sue J for a breach in contract and is seeking damages of $30‚000 which he believes is the outstanding amount that is owed to him by J. This case touches on the fundamental concepts of contract law where H can only claim damages if the formation of a valid contract between the two parties is evident via the elements of a contract‚ including intention‚ agreement‚ consideration‚ legal capacity‚ genuine consent and legality of objects must be established
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Journal Entry – Business Law Mr. Robert Menendez has recently raised concerns over his possible unethical behavior while residing as the New Jersey state Senator. There are many moral ethical issues‚ as well as one particular contract with Dr. Melgen that may be an issue. His poor ethical choices can be related to his possible egoism. (All parties are innocent until proven guilty.) Ethics is the study of an individual’s character with regards to their choices of right and wrong as assumed
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Chris Garrido Case studies #4 Business Law- Ralli 22.3 pg 352 A. William ha bailey executed a note payable tp California dream strett B. four years later dreamstreet negotiated the note to cooperative central raiffeisen-boerenleenbank C. cooperative filed a suit against baileyto recover on the note 23.3 pg 368 A. Wilson was the office mangaer of palmer and ray dental supply B. james frank ray would take the checks reciebved from customers and place them on wilsons desk] C. wislon
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Corporations and Business Associations Law When companies are suffering from failed business and insolvency‚ the banks as the financiers for them and other creditors may try to get involved into the management and operations of the business in the way of giving advice and providing assistance to the directors of those distressed companies so as to protect their interests as much as possible. But as a result‚ the banks and creditors might be at a risky situation where they could be liable as shadow
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citing that the claims are barred by the act of state doctrine. Rules of the Law(s) Applied to the Case The law applied in this case was the act of state doctrine‚ which states‚ “local courts may not question the legal effect of a foreign state’s acts fully executed within its own territory” (US Legal‚ 2013). Therefore‚ the court dismissed the action against Metropolitan Museum of Art. Analysis: How the Court Applied the Law The United States Court of Appeals‚ Second Circuit applied the act of state
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