Introduction to Business Law

Introduction Generally, statutes provide a mechanism for the legislature to ensure that citizens live and act within set legal boundaries. It thus follows that any interpretation of statutes has constitutional repercussions. Ostensibly, legal systems in the world can be classified into two general categories.Advertising We will write a custom essay sample on Introduction to Business Law specifically for you for only $16.05 $11/page Learn More On one hand is the common law that has its origins in England while on the other hand is civil law which has its beginnings in Ancient Rome (Ahlstrom Bruton 2009). Civil law makes use of statutes as the main building blocks and relies heavily on legal scholars to interpret legislations by Parliament. Confusion may, however, result in the event that courts are not able to determine with absolute certainty what the intention of the legislators (Corcoran Bottomley 2005). In a system where powers are separated, the st atutory interpreter is usually different from those charged with the responsibility of enacting the statutes. Often, the interpreter is the judge while those enacting are legislators. Considering that differences in perspectives are very common, dynamic interpretation may be experienced time and again. Ostensibly, statutory interpretation is a vital judicial tool that has been used by judges for many years to safeguard basic rights in the common law. Seemingly, the different stages involved in the creation of a statute often ensure that errors are addressed in good time (Kafaltiya 2008, p. 108). Customarily, judges use different strategies when interpreting statutes. No guidelines exist and there is no commonly accepted standard of interpretation. This notwithstanding, there are basic principles that must be adhered to by judges as they interpret legislations. According to Sadurski (2002, p. 67), courts sometimes make efforts to interpret legislations in a way that is consistent wit h human rights. In some situations, legislatures endorse customs that may be used by courts during interpretation. Powers Available to Courts in Connection with Statutory Interpretation In England and Wales, the interpretation of statutes is a privilege accorded to courts and tribunals. A team of highly skilled people is charged with the responsibility of drafting statutes on behalf of the legislature before they can be passed to the courts for interpretation. However, there are challenges that result from the fact that those who draft the statutes may not be able to address every possible situation that may be encountered at a later time (Adams 2012, p. 23). It is also possible that the process may be so rushed to an extent of leaving out important details in a given legislation. As stated earlier, the principles that govern statutory interpretation are not well organized and the whole process of interpretation is largely controlled by the common law. Allegedly, this creates room f or any new developments to be undertaken by courts in order to deal with new problems as they arise. As a result, it is assumed that statutes provide a clear indication of what judges actually mean (Adams 2012, p. 57). Judges provide interpretations based on what is presented to them and as such meet the expectations of the legislators.Advertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Evidently, judges are not allowed to rewrite any statutes and are required exercise their powers in a modest manner. There are, however, some cases where a judge may not be able to tell what the intentions of the legislators are. The language used by Parliament may, for example, lead to a situation where judges give an interpretation that is totally different from what was originally meant. To understand the intentions of Parliament and thus avoid the language confusion, it is advisable for the court to rea d the entire statute and give the correct meaning to every word in it. The limited class rule is sometimes used to provide a general interpretation of a word. As the courts are simply required to interpret and not re-write legislations, it is impossible for the judges to fill up any gaps left by the legislative body. Courts may, however, overcome such challenges by carefully interpreting legislations. According to Sarat (2008, p. 251), it is absolutely impossible to come up with a statute that covers all possible issues that may be encountered in relation to it. As a result, courts may be faced with serious challenges when conditions change. Since courts can not fill legislation gaps, they are limited to determining whether a statute is applicable in a case where circumstances are deemed to have changed. The courts may also be allowed to take into consideration the deliberations of the legislators prior to passing a Bill. Reference to such deliberations during statutory interpretati ons was, however, not allowed in England and Wales until 1993. Regrettably, there are limitations to this strategy as it may not be applicable in situations where it can be determined that conditions have changed drastically. According to Amar (2012, p. 341), the limitation imposed on courts regarding the application of statutes in changed circumstances is largely responsible for the delays experienced in dealing with such cases. It is thus imperative to establish mechanisms of speeding up the process. Engagement of Judicial Precedent with Statutory Interpretation A precedent may be defined as a past event. Legally, it serves as an important guide for judges. Judicial precedent is a vital part of the common law system according to which a judge is required to make a ruling on a case guided by an earlier decision in a similar case. Under the common law system, legal precedent plays a big role and judges have the freedom to interpret a law and provide a basis on which future cases may be heard and decided (Ahlstrom Bruton 2009). In comparison to other countries, the legal system in the United Kingdom follows the requirements of judicial precedent very strictly. Practically, lower courts are required to abide by a past ruling of a superior court in interpreting statutes.Advertising We will write a custom essay sample on Introduction to Business Law specifically for you for only $16.05 $11/page Learn More The appellate court on the other hand is expected to abide by its past rulings in similar cases. Arguably, the doctrine of judicial precedent provides for either binding or persuasive precedent. While binding precedent is mandatory and must be adhered to by lower level courts, persuasive precedent serves as an important guide for judges when deciding on similar cases. Apparently, questions about judicial precedent tend to concentrate more on the way the doctrine works or operates. To a large extent, the fact that cases may be consid ered retrospectively implies that judges have the flexibility to use judicial precedent to interpret statutes (Mitchell Dadhania 2003). In the event that a judge comes across a case where a relevant previous ruling made by the court exists, the judge has four possibilities. He or she may follow the earlier judgment if it is clear that the facts in the current and previous case are similar, make a distinction if it is established that the facts are completely different, overrule the earlier decision in case there is a disagreement with the decision arrived at by a lower court, or reverse the previous ruling by a lower court if an appeal is made and the higher court can determine that the lower court failed to interpret the law correctly. There are several advantages that may be associated with the application of judicial precedent in statutory interpretation (Schyff 2010, p. 51). First, there is consistency in the application of the law and this provides a sense of equality and just ice. Secondly, there is certainty considering that many cases exist that have been dealt with before and this enables lawyers to advice their clients with confidence. Finally, the options made available to judges create room for fair application and further development of the law. There are, however, some difficulties associated with the use of judicial precedent in statutory interpretation. First, the use of judicial precedent is quite rigid and limits judicial discretion. There is also a danger of slowing down the judicial process as judges are expected to spend quite some time perusing previous cases. It may also lead to the creation of illogical distinctions by judges who may not be willing to follow an existing precedent. Finally, the court has no choice but to rely upon a suitable case where changes to the law have to be made. Conclusion As has been explained in this paper, statutory interpretation is a vital tool for preserving fundamental rights that affect our day to day li ves. While judges have the leeway to interpret legislations as they see fit, they can only do so within certain limits. In the event that powers are separated, there is a danger that the legislations may be poorly interpreted. Whilst many options exist for interpreting statutes, the most commonly used is judicial precedent. As a source of law, judicial precedent allows judges to make reference to past judgments and apply the reasoning used if circumstances of the cases involved are similar.Advertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Reference List Adams, A 2012, Law for Business Students, Pearson Publishing, Edinburgh Way, Harlow. Ahlstrom, D Bruton, G 2009, International Management: Strategy and Culture in the Emerging World, Cengage Learning, Mason, OH. Amar, AR 2012, America’s Unwritten Constitution: The Precedents and Principles We Live by, Basic Books, New York. Corcoran, S Bottomley, S 2005, Interpreting Statutes, Federation Press, Sydney, Australia. Kafaltiya, AB 2008, Interpretation of Statutes, Universal Law Publishing, New Delhi. Mitchell, AR Dadhania, M 2003, As Level Law, Psychology Press, Hove, United Kingdom. Sadurski, W 2002, Constitutional Justice, East and West: Democratic Legitimacy and Constitutional Courts in Post-Communist Europe in a Comparative Perspective, Kluwer Law International, The Hague, Netherlands. Sarat, A 2008, Constitutional Politics in a Conservative Era, Emerald Group Publishing, West Yorkshire, UK. Schyff, G 2010, Judicial Review of Legislation: A Comparative Study of the United Kingdom, the Netherlands and South Africa, Springer, New York. This essay on Introduction to Business Law was written and submitted by user Sonny E. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

7 money habits to master in your 20s

7 money habits to master in your 20s It’s never too early to start making smarter financial decisions. With any luck, you’ve already begun a good fiscal regime for yourself in your twenties and are now cultivating the good habits you’ll need to be solvent as you progress in your life and your career. If you haven’t begun yet and are nearing your thirtieth  birthday, it’s not too late to start. Begin by folding some or all of the following 7 practices into your life- your future self will thank you for it. 1. Create a budgeting plan.You may have gone to the trouble of drawing up a budget or downloading an app to help you keep on the financial straight and narrow, but that won’t do any good if you don’t actually use them. Use the tool that you like the best to make sure you’re not spending more than you’re earning. Part of your budget should include a set minimum of earnings you’re confident you can squirrel away every month.2. Pay down debt.The avera ge American grad owes over $37,000 in student loans and the average household owes over $8,000 on their credit cards, so don’t feel alone if you’ve accumulated some debt. Just make a point of paying it down as aggressively and early as possible to avoid paying twice the original amount later in life. This will likely take a fair share of effort and a whole lot of self-control. You might have to skip drinks out, scale back on your vacations, or even getting a second job, but in the end you’ll be glad you didn’t put off paying off your debt.3. Don’t blow every paycheck.It’s hard when rent and bills knock your paycheck down to almost nothing, but you must resist the urge to think of the remainder as fun money. Try to boil your necessities down to a small number and put the rest away in savings. If you can start saving 10% of every check now, you’ll be golden. Remember, you’re saving for the long term.4. Cook for yourself.If you su ccumb to the lure of take-out lunches or dinners more than one or two times a week, you’re spending a ton of unnecessary cash. Add the costs of your restaurant meals one week and take a good hard look at the total.  Part of budgeting involves allotting a weekly amount to spend on food. If your dining out costs exceed a sensible weekly total, you’ll need to cut back. Your dollar will stretch much further when you cook for yourself with fresh, whole foods: think vegetables, grains, pasta, and beans.5. Splurge on the items that matter.There are plenty of things you will want to go budget on, but there are some items for which you really should pay a bit extra. Purchasing a cheap piece of furniture may seem like a smart move- until it falls apart in a year or two and you end up having to spend even more on a replacement. Shopping for quality will likely save you money in the long run, so look for furniture that won’t fall apart, energy-saving appliances you wonâ⠂¬â„¢t have to replace or pay extra for on your utility bill, and a car that won’t conk out after a year.6. Save for retirement.You should have long-term monetary goals for savings and growth. If you don’t, come up with some. Talk to a financial planner or open a money market account. And don’t forget to start putting away the maximum amount possible every year towards your retirement as soon as you have that flexibility. For most people, the times of sticking with a company for 25 years and getting a pension are long gone. You’ll have to look out for yourself.7. Be happy where you are.Coveting other people’s shiny things or fancy houses can lead to unrealistic goals and cause you to spend money on things you don’t really need. If you spend your hard-earned money on things beyond your means to keep up with an unattainable image, you’ll end up broke and unhappy. Create your own ideals, and know that it might take many, many years to re ach them. And that’s okay! You never know how friends with fabulous Instagram lives get their money- don’t assume that you’re behind if you don’t match up. Keep your eyes on your own life and financial journey.

Bhavnath Temple Case Study

R. D. Introduction: The case is all about an increasing irrigation facilities after independence but there was certain problems with the removing location of BHAVNATH TEMPLE which is between the dam and people don’t want to change place of temple with that there are some other issue also there. After independence in 1947, the both central state government want overall economic development. In undivided Bombay province a proposal given to build dam on river. It calculated 4700 million cu. ft. Water to develop 92000 acre of land, In 3 district. To do that 8 villages are totally submerged and resettled at other place. This all require to providing new livelihood to people. The reservoir was to have catchments area of 230 sq. miles. The average rainfall was 34†. In this 1 plan the F. S. L. , was 592 H. F. L. was 596 and R. L. was 601. Directed irrigable area was 19300 acres and the indirect irrigation flow to some 73600acre. It yields 15. 83 lacks revenue per year. Agricultural production increase as 30400 tons. It was 147. 74 lacks. This project was fully feasible in the eyes of government. If plan 1 was accepted than temple was saved by using gates to save from flood. After making 1 proposal government made 2 proposal. In that, if all of three levels rose so that ultimate capacity raise to 1000 million cu. Ft. in that F. S. L. 595 H. F. L. 606. By doing this the agricultural production increasing and irrigation facilities provide to larger areas. But in 2 plan temple could not be saved but people remained adamant in there demand. IN 1960 state of Bombay bifurcated and now Gujarat PWD department began to think about reopened the plan again. They find this scheme was good for development. The problem is that what should do to become success of this plan. Objectives: †¢ To build the dam, †¢ To increase agricultural production, †¢ Do ultimate overall development Problems: †¢ Temple get submerged, †¢ Religious sentiments, †¢ Opposition by villagers †¢ People get displaced. Constraints: †¢ Location of dam †¢ Religious sentiment can’t be changed. Criteria: †¢ Cost should be minimized †¢ Maximum returns †¢ Minimum people affected †¢ Minimum time in implementation Alternatives: †¢ Plan 1 if no plan 2 †¢ Resettlement of affected people †¢ Wall around the temple Help from religious leader †¢ Convincing people about benefit †¢ Raising the height of temple Suggestion: From all above alternative we compare it with objectives, problem, and criteria we can suggest that to succeeding this scheme government should increasing level of temple by above than flood level with using good construction peeler so ultimately height of temple raised and they saved from flood. By doing so peoples are permit to build dam on river. Contingency plan: If it is not possible to build temple by construction of piller then take help from the religious leader. THANK YOU Bhavnath Temple Case Study R. D. Introduction: The case is all about an increasing irrigation facilities after independence but there was certain problems with the removing location of BHAVNATH TEMPLE which is between the dam and people don’t want to change place of temple with that there are some other issue also there. After independence in 1947, the both central state government want overall economic development. In undivided Bombay province a proposal given to build dam on river. It calculated 4700 million cu. ft. Water to develop 92000 acre of land, In 3 district. To do that 8 villages are totally submerged and resettled at other place. This all require to providing new livelihood to people. The reservoir was to have catchments area of 230 sq. miles. The average rainfall was 34†. In this 1 plan the F. S. L. , was 592 H. F. L. was 596 and R. L. was 601. Directed irrigable area was 19300 acres and the indirect irrigation flow to some 73600acre. It yields 15. 83 lacks revenue per year. Agricultural production increase as 30400 tons. It was 147. 74 lacks. This project was fully feasible in the eyes of government. If plan 1 was accepted than temple was saved by using gates to save from flood. After making 1 proposal government made 2 proposal. In that, if all of three levels rose so that ultimate capacity raise to 1000 million cu. Ft. in that F. S. L. 595 H. F. L. 606. By doing this the agricultural production increasing and irrigation facilities provide to larger areas. But in 2 plan temple could not be saved but people remained adamant in there demand. IN 1960 state of Bombay bifurcated and now Gujarat PWD department began to think about reopened the plan again. They find this scheme was good for development. The problem is that what should do to become success of this plan. Objectives: †¢ To build the dam, †¢ To increase agricultural production, †¢ Do ultimate overall development Problems: †¢ Temple get submerged, †¢ Religious sentiments, †¢ Opposition by villagers †¢ People get displaced. Constraints: †¢ Location of dam †¢ Religious sentiment can’t be changed. Criteria: †¢ Cost should be minimized †¢ Maximum returns †¢ Minimum people affected †¢ Minimum time in implementation Alternatives: †¢ Plan 1 if no plan 2 †¢ Resettlement of affected people †¢ Wall around the temple Help from religious leader †¢ Convincing people about benefit †¢ Raising the height of temple Suggestion: From all above alternative we compare it with objectives, problem, and criteria we can suggest that to succeeding this scheme government should increasing level of temple by above than flood level with using good construction peeler so ultimately height of temple raised and they saved from flood. By doing so peoples are permit to build dam on river. Contingency plan: If it is not possible to build temple by construction of piller then take help from the religious leader. THANK YOU

Public Policy essay Example | Topics and Well Written Essays - 1250 words

Public Policy - Essay Example of Afro Americans especially in America where slavery was rife were denied the right to equality and they suffered a heavy deal under oppressive systems that existed during those years. In a protracted struggle to fight slavery in America, various movements were established and among them was the â€Å"Civil Rights Movement† which referred to an extended period of American history in which African Americans struggled to become free of the tyranny of slavery where they also fought for equal opportunity and the protection of the civil rights guaranteed through the United States Constitution (Lovino 2008). Though the civil rights were guaranteed by the constitution, Afro Americans who were still under slavery unfortunately were still struggling to realise their rights. The movements for rights became rife around the late 1960s, a period which witnessed the passing of many laws supporting civil rights by the Congress and there was a shift in the ideology of Americans and racial politics in America (Boyer, 2001). Thus, according to the historical background of the fight for civil rights outlined above, a broad definition can be implied to sum up what civil rights are for the purpose of easier understanding. According to Cornel University Law School (2009), â€Å"a civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury. There are quite a number of examples of civil rights and they include the following: freedom of speech, press, and assembly; the right to vote; freedom from involuntary servitude; and the right to equality in public places.† On the other hand, Bodenhamer J. D. & Ely J.W. (1993) posit to the effect that discrimination occurs when the civil rights of an individual are denied or infringed on the basis of racial inequality caused by class structures. It can be noted that various statutes have been enacted to prevent discrimination in different countries as well as promote other civil rights

Black Feminism and The Beyonce Wars Essay Example | Topics and Well Written Essays - 1000 words

Black Feminism and The Beyonce Wars - Essay Example The first article ‘Ugly Internal Clash: Why Its Future Is Not Up To White Women’ talks about feminism especially for black women and how they can form a gender inclusive group to deal with racism, sexual harassment, and work discrimination against women. The article provides a name that helps women to describe the issues they go through during discrimination Brittney (Cooper 2015). Feminism is the name, and it helps many women to discuss their issues without language challenges. Black women use the internet feminism to air their troubles and discuss the discrimination that they experience. The women also express their power through it phenomena that make the white women extremely uncomfortable. The writers opinion is that the future of feminism should not be left with the white women as most of the issues center around gender equality. For white women, equality was achieved a long time ago, but for the black women, it is still a big issue. Most of the black women in the US do not fully access some of the benefits, such as the Obamacare in some states (Cooper 2015). Understanding feminist and black women oppression will help women fight for their rights in foreign countries, such s the United States. The second article ‘Black Feminist Blogger Speaks The Truth by Goldstein, Rich talks about how important issues contributed by black women in the media get ignored by many readers and viewers. The writer focuses on blogs on issues of life for black women instead of focusing on wealthy and glamorous women in power (Goldstein 2015). According to the blog, there are many interesting things about black women, such as their unique talents, although there are few people who recognize them. Racism is real and classifies women according to their place of origin, and the blog help many to have some attention on racism, sexism, and ableism. The writer admires the work of Beyonce for focusing on feminism, especially the one touching on black women. Black women

English the Crucible Essay Example for Free

English the Crucible Essay The definition of a crucible is a place or situation in which concentrated forces interact to cause or influence change or development. This applies to Arthur Miller’s The Crucible in the fact that the small town of Salem, Massachusetts is changed dramatically when a girl and her friends make accusations against people for practicing witchcraft. Many individuals such as Reverend Hale, Mary Warren, John Proctor, and Elizabeth Proctor were also changed through a series of events. Yet there were some people who did not change, even after what they went through. Examples of these people are: Parris, Abigail, Deputy Governor Dansforth, and Judge Hathorne. Of all these characters, the individuals that should definitely be examined in deeper detail as to whether or not they changed are Abigail Williams, Reverend Hale, and John Proctor. The first of these poor souls is Abigail Williams. Towards the beginning of the play she was prideful, yet fearful that her name would be ruined if people found out about her and John Proctor’s affair. She truly shows this feature when she is in Betty’s room and Abigail says in a temper, â€Å"My name is good in the village! I will not have it said my name is spoiled! Goody Proctor is a gossiping liar! † (Miller pg. 12) Abigail remains the same person throughout the entire play, all she wants is John Proctor and all those who could ruin her name dead. This clearly is seen Abigail confronts Proctor in the woods, and she warns him that she will have his wife arrested and charged with witchcraft if he does not go with her. Poor Abigail Williams did not learn or change at all throughout the entire course of events that occurred. Another unfortunate character is that of Reverend Hale. In the beginning he is just another conformed preacher who believes the girls accusations of witchcraft in the town. This is clearly witnessed when he is trying to rid Betty of the devil, asks the girls who was with the devil when they saw him. Then the girls started rambling off names of people in the town and Hale believed them. Later in the play, Reverend Hale changes his mind; he goes from believing the girls to not trusting them. This is evident when they accuse John Proctor of witchcraft, and Reverend Hale tries to stop the court from arresting him. At the end of the play Reverend Hale went from a conformed preacher to a free thinking man who can see through the girls’ lies of witchcraft. Reverend hale has without a doubt turned his views for the better. The last of the unlucky people, is John Proctor. He was, in the earlier scenes, a quieter, sort of a stand-offish type of person. This is seen when he comes to town only to get his servant, Mary Warren, and doesn’t really speak to anyone. Later in the play he starts to change his attitude to more of an assertive and forceful person when his wife is taken when she is accused of witchcraft. It is clearly seen when he goes to the court house to testify, with Marry Warren, against Abigail Williams and the other girls, to prove that they were lying the entire time about the whole witchcraft finger pointing. The piteous Mr. Proctor may have changed, but not as much as he could have. Throughout this entire book many characters changed and many others have not. Overall, Reverend Hale appears to be the character that changed the most. This is so because he started out as conformed to society in the sense of believing that those accused where actual witches or warlocks. Later though, he did change his thinking and did start to believe people like John Proctor who knew that the girls were lying about all of the accusations of witchcraft and wizardry. All in all, Reverend Hale is that only character that changed the most overall throughout the entire play.

Eating Disorders: A Feminist Issue Essay -- Health Bulimia Anorexia Fe

Eating Disorders: A Feminist Issue What is a feminist approach to understanding eating disorders? Not all feminists have the same understanding of eating disorders. There are many different theories that are prevalent in feminist literature today. This web page will explore some of the different feminist perspectives about the cause of eating disorders in our culture. Power Control and obedience In her book Unbearable Weight, Susan Bordo (1993) makes the argument that the fear of women's fat is actually a fear of women's power. Thus, as women gain power in society, their bodies dwindle and suffer. She states that "female hunger--for public power, for independence, for sexual gratification-- [must] be contained, and the public space that women be allowed to take up be circumscribed, limited... On the body of the anorexic woman such rules are grimly and deeply etched" (Bordo, 171). Naomi Wolf (1991) has a similar explanation of the origin of eating disorders in her bestseller The Beauty Myth. She states: "a cultural fixation on female thinness is not an obsession about female beauty but an obsession about female obedience" (Wolf, 187). Women who remain thin are being obedient; it is another way for patriarchy to control women. "If women cannot eat the same food as men, we cannot experience equal status in the community" (Wolf, 189). Sexuality Sexuality is another issue that feminist Naomi Wolf explores in an effort to understand the prevalence of eating disorders among women. "Fat is sexual in women. . . to ask women to become unnaturally thin is to ask them to relinquish their sexuality" (Wolf, 193). Women who develop eating disorders, especially anorexia, are denying their sexuality and natural female b... ... disordered attitudes and behaviors. Psvchology of Women Quarteriv. 2-0, 2. Goodman, Ellen. (1996). The skeleton look is in fashion. The Tennessean. June 1 1. Mahowald., Mary Betody. (1995). To be or not to be a woman: anorexia nervosa, normative gender roles, and feminism. Nagging Questions. Ed. Dana E. Bushnell. Boston: Rowman Er Littlefield. Martz, D. M., Handley, K. B. Er Eisler, R. M. (1995). The Relationship between feminine gender role stress, body image, and eating disorders. Psychology of Women Quarterly, 19, 4. Morris, B. J. (1985). The phenomena of anorexia nervosa: a feminist perspective. Feminist Issues, 5, 2. Orbach, Susie. (1978) Fat Is A Feminist Issue. New York: Berkeley Press. Swartz, L. (1985). Is thin a feminist issue? Women's Studies International Forum, 8. 5. Wolf, Naomi. (1991). The Beauty Myth. NewYork: Doubleday.