Business law
Paper details
I need 7 questions answered that will be use one week at a time, so please place the week next to the answer in the order it was sent to you .i.e week 2, week 3 etc.. Please do not add my questions to the final paper because it tend to create more pages. Each question only have to be a 90 words per answered.
Week 2
Numerous recent court decisions in major U.S. cities have decreed that the taking of real property from private landowners in order to build new sport stadiums constitute a legitimate taking of real property for purposes of the government. Do you, in fact, believe this to be true? If true, how is the benefit accruing government interest instead of simply an interest to a professional sports team? Is this a true government taking for public interests as allowed under the constitution?
Week 3
A covenant not to compete is a special type of contract that prohibits commerce directly in the business world. There are, essentially, two primary types of contracts not to compete: First, the contract between potential employer and employee as a condition of the offering and acceptance of an employment contract (preventing the employee from working with other employers for a specified period of time, usually 3-5 years and usually within a defined geographic area such as œwithin a 100 mile radius of the prior business. Secondly, very often the sale of business contains provision that demand that the seller of the business not compete in any like-kind business as a condition of the sale. Do these non-compete clauses fundamentally and necessarily interfere with commerce, or are such contracts necessary and appropriate?
Week 4
a case in which a paralegal who had been orally promised a bonus of $1,065,000 was deprived of the bonus in a dispute because no written agreement existed as to the bonus as would have been required by the Statute of Frauds. That an agreement was had was beyond dispute, because there existed a (secret) recording detailing the promise of the bonus between the paralegal and his/her employer. As your text explains, the Statute of Frauds requires certain types of contracts (such as contracts to buy or sale land) to be both made in writing and executed with the physical signatures of all of the parties involved. This requirement was clearly not met. Further, the undisclosed recording of the agreement constitutes a crime. Was a fair result handed down in this matter? What, if anything, would you do to modify the Court’s decision?
Week 5
The Civil Rights Act of 1964 was created to protect against discrimination what Congress considered to be the five most important classes of persons needing protection. These classes came to be known as the œBig Five and included Race, Color, Sex, Religion, and National Origin. Do you think that these five classes are the most important classes, or would you have chosen other classes such as Age, Sexual Orientation, etc.? Explain and defend whether you are in agreement or not.
Week 6
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Corporations are the only business entities that, theoretically, have perpetual existence. Further, the corporation is defined as an artificial person (with all attendant political and business rights of a person) in the corporate law of the United States (this is not the case in most other western European countries). This perpetual existence coupled with the status of an artificial person and recent U.S. Supreme Court decisions affecting political contribution powers of the corporation have brought about concerns for many that a good boundary has been breached and that the law should reconsider the notion of perpetual existence of corporations (rather than have a corporate charter that expires every 50 years or so). How do you view the current status of the nature and powers of the American corporation? Is it the best model thus far or should some features be modified?
week 7
the Department of Homeland Security, created in 2002, created the second largest government agency in the country (second only to the Department of Defense). The creation of this agency was highly controversial in the United States Congress for two primary reasons. First, the cost of administration of the new agency immediately created a new, huge financial obligation of the government that did not exist previously and, secondly, the new agency became an œumbrella agency that managed twenty-two previously autonomous agencies already assigned the basic mission directives of security within the United States. Are these alleged criticisms valid, or did a new need exist?
Week 8
he common law has always allowed all adults executing a will to partially or completely disinherit all, some or none of their children, adult or minor, as they see fit. No reason must be given and absolute discretion falls to each individual parent to render such a decision. Is this just? Should children, adult or minors, receive a mandated portion of the deceased parent’s estate regardless of the wishes of the parent? What portion, if any, would you mandate?
