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ETH 321 Week 5 Learning Team Assignment Roles of State or Federal Administrative Agencies Presentation
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ETH 321 Week 5 Learning Team Assignment Roles of State or Federal Administrative Agencies Presentation
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Visit the website of any three state or federal administrative agencies: for example National Labor Relations Board (NLRB), Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), Securities and Exchange Commission (SEC), Federal Communications Commission (FCC), Social Security Administration (SSA), Federal Trade Commission (FTC), Food and Drug Administration (FDA), or Federal Aviation Administration (FAA).

Explain the role and function of each agency in a 6- to 9-slide Microsoft® PowerPoint®presentation with detailed speaker notes

Include one significant regulation that each agency enforces.

Format your presentation consistent with APA guidelines.

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ETH 321 Week 5 Knowledge Check
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1 What is one of the challenges in business ethics?

Business ethics is completely independent of the law.

Business ethics does not assert the obvious.

Business ethics issues are unrelated to the everyday occurrences in an organization.

Business ethics cannot be taught to employees

2 What can help managers to overcome the challenge of teaching business ethics to employees?

Attempting to change employees’ values

Instructing employees to follow only legal guidelines

Allowing employees to use their own personal moral standards while making decisions

Focusing on the management of employee values and conflicts

3 How can an organization faced with the challenges of business ethics, overcome these challenges?

By ensuring that its code of ethics has honesty mentioned in it.

By developing a business ethics program that focuses on making its employees unlearn their personal values.

By recognizing that ethics cannot be incorporated into its management.

By acknowledging that legal regulations are the only way to prevent its employees from committing unethical acts

4 Stephan is a proponent of the narrow view of corporate social responsibility (CSR). He believes that people should behave in a socially responsible manner on their own time. What other opinion is Stephan likely to have?

Corporations have a duty to invest some of their resources on improving society.

Corporations should exclusively follow the instructions set by the government when carrying out CSR functions. C. CSR functions should receive utmost importance by employees in a corporation.

Corporations should only focus on increasing the wealth of their shareholders

5 Which view of corporate social responsibility (CSR) suggests that the emphasis of corporations should be on CSR and not on achieving profitability? This view also suggests that the existence of corporations is based on the premise that they will serve society.

The invisible hand view

The management’s hand view

The shareholder’s hand view

The government’s hand view

6 What is true about the moderate view of corporate social responsibility (CSR)?

It suggests that governments have a better view on CSR and the needs of society.

It suggests that the CSR functions of corporations should not be regulated by government agencies.

It suggests that corporations should focus entirely on CSR and not on making profits.

It was proposed by Adam Smith.

7 In the context of business ethics, what is one of the provisions granted by the 2002 Sarbanes Oxley Act?

Surveillance of terrorist related activities

Employment at will

Protection of corporate whistleblowers

Punishment of employees who report their organizations’ unethical practices

8 In which case is the discharge of an employee considered to be wrongful in the context of the Wrongful Discharge from Employment Act?

When the discharge occurred because the employee failed to deliver performance

When the discharge occurred because the employee refused to violate a public policy

When the discharge occurred because the employee violated organizational norms

When the discharge occurred because the employee misrepresented his or her qualifications

9 Which inconsistency is likely to complicate the risk for whistleblowers in organizations?

The troubling situation at work involves a statute that does not carry protection for whistleblowers.

The troubling situation at work is one they are expected to participate in

The troubling situation at work may be one they are not expected to ignore.

The troubling situation at work is not only unethical but also illegal

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ETH 321 Week 4 Learning Team Assignment Business Entities, Laws, and Regulations Paper
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ETH 321 Week 4 Learning Team Assignment Business Entities, Laws, and Regulations Paper
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Select two of the business scenarios below.

Write a 350- to 700-word paper discussing the business entity that represents the best choice for businesses you chose. Be sure to consider control, taxation, and liability issues.

  • Restaurant or bar: Lou and Jose plan to open a sports bar and restaurant where customers socialize and watch sporting events on large-screen televisions that hang around the bar. They do not have much money, but they do have Miriam, a wealthy investor who does not have time to participate in the business, but wants to provide capital to start the business in return for a percentage of ownership.
  • Extermination business: Frank is a wealthy investor who plans to open a chain of exterminating businesses across the United States.

• Professional practice: Akiva and Tara have just completed all educational and experiential requirements to be licensed as obstetricians. They want to open a birth clinic together. They will take out a large loan to finance start-up costs.
Format your paper consistent with APA guidelines.

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ETH 321 Week 4 Knowledge Check
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1 Identify the true statement about administrative agencies.

They are not authorized to perform legislative functions.

They are charged with the task of creating regulations that are legally enforceable.

They have only judicial and not executive powers.

Their functions do not encompass the enforcement of regulations made by Congress

2 Which of these demonstrates the adjudication function of administrative agencies?

Granting licenses to industries and professionals

Distributing the statutory benefits provided by Congress

Studying the broad policies made by Congress

Deciding cases that involve violations of agency rules

3 What is true about the activities of administrative agencies?

They work independently of Congress.

They review judgments of trial courts

They grant licenses and permits.

Their scope of functioning is limited to legislation

4 Identify the true statement about the rulemaking process followed by administrative agencies

The rulemaking process is formal and requires a comprehensive hearing.

Agencies are prohibited from involving experts from outside the government in the rulemaking process.

Agencies are required to make public any material such as reports and studies that they used during rulemaking.

Agencies must publish the rule in the federal register only after holding public hearings

5 What is true about the powers of administrative agencies?

All actions of the administrative agencies are reviewable by the judiciary.

Administrative agencies cannot decide by themselves about when and whom to regulate.

Administrative agencies have the authority only to grant licenses and not revoke them.

Administrative agencies are authorized to conduct inspections of businesses and individuals

6 Which power of administrative agencies allows them to create quasi court trial settings to hear disputes that arise in their jurisdictions?

Rulemaking

Adjudication

Inspection

Legislation

7 When does misappropriation of a trade secret occur?

When someone acquires a trade secret illegally

When someone conducts research to discover a trade secret

When someone uses reverse engineering to figure out a trade secret

When the owner unintentionally shares the secret with others

8 Identify the true statement about trade secret protection.

It expires after a very limited period of time.

It is lost if the owner does not take adequate measures to prevent misappropriation.

It considers reverse engineering as misappropriation and enables the owner to recover damages.

It can be availed for all kinds of trade practices, whether or not they have economic value.

9 Identify the true statement about the Uniform Trade Secrets Act.

It provides recourse to owners of trade secrets even in cases where the secret was lost because of the owner’s negligence.

It does not contain any criminal sanctions.

It prohibits reverse engineering of trade secrets.

It does not provide trade secret protection for processes and methods

10 What is true about arbitrary trademarks?

They are generally provided with a very low level of protection.

They do not have a strong logical connection with the products or services that they represent.

They directly describe the characteristics of products they represent.

They tend to be less distinctive than the other types of trademarks

11 What statement is true in the context of acquiring trademark rights?

Trademarks cannot be used in more than one geographic location.

Descriptive trademarks cannot get protection.

Trademark rights can only be acquired by registering the mark before it is used.

Trademark rights can be acquired by being the first to put the mark to use in commerce

12 Which of these can be protected under the Copyright Act?

Innovative ideas

Processes

Scientific principles

Recorded audio

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ETH 321 Week 4 Assignment Elements of a Contract Paper
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ETH 321 Week 4 Assignment Elements of a Contract Paper
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Resource: Elements of a Contract Scenario

Read the Elements of a Contract Scenario.

Write a 350- to 700-word paper answering the questions at the end of the scenario.

Format your paper consistent with APA guidelines.

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ETH 321 Week 3 Learning Team Assignment Corporate Executive Criminal Conviction Paper
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ETH 321 Week 3 Learning Team Assignment Corporate Executive Criminal Conviction Paper
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Find an article in which a corporate executive was criminally prosecuted.

Write a 350- to 700-word paper detailing the unethical conduct, the crime committed, and the outcome of the case.

Format your paper consistent with APA guidelines.

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ETH 321 Week 3 Knowledge Check
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1 In which case is an offer irrevocable?

When the offeree has not made any preparations before accepting the offer

When the offeree has partly acted upon the offer

When the offer is not in the form of an option contract

When the offeree’s response contradicts the offer even minimally

2 What does the mailbox rule, in the context of common law contracts, state?

An offeror cannot revoke his or her offer under any circumstance.

An offeror must receive a written document of acceptance by the offeree in order for an offer to be considered accepted.

An offeree is said to have accepted an offer as soon as he or she dispatches the acceptance

An offeree can use any method of acceptance, even if it has not been specified by the offeror.

3 Which of the following meets the consideration requirement of contracts?

When a promiser pledges to perform a legal duty

When a promisee gives up a legal right

When a promiser gifts a property of high value to someone

When a promisee provides a gift for a favor done in the past

4 When does fraudulent misrepresentation occur in the context of contracts?

When one party to a contract unintentionally fails to notice an error in the express terms of the contract

When one party to a contract knowingly provides only puffing and not facts in the contract

When one party to a contract knowingly distorts a material fact in the contract

When one party to a contract unintentionally conceals one of the facts in the terms of the contract

5 Mr. Sanchez is a 70 year old man with Parkinson’s disease. Jennifer, a full time nurse, has been taking care of him for over four years. Mr. Sanchez depends on Jennifer and considers her to be a trustworthy caregiver. However, Jennifer informs Mr. Sanchez that she can no longer be his caregiver unless he promises to leave his estate to her in his will. Since Mr. Sanchez does not have anyone else to care for him, he accepts this agreement. Under which condition would a court of law allow Mr. Sanchez to void this agreement?

Fraudulent misrepresentation

Slander

Unconscionability

Undue influence

6 Which defense can be used when one party to an agreement threatens violence against another party to the agreement to persuade the latter to modify the agreement?

Fraudulent misrepresentation

Duress

Unconscionability

Undue influence

7 What is true about the statute of frauds for common law contracts?

It mandates that all forms of contract be in writing.

It creates specific formats in which parties are required to write contracts.

It is applicable to contracts that cannot be performed in less than one year.

It is not pertinent to contracts pertaining to the sale of land.

8 According to the statute of frauds, what is one component that is consistently required for a contract to be valid?

A signature of the party against whom the contract is to be enforced

Written evidence of the contract

A prescribed format for the written contract

The signatures of at least three witnesses to the contract

9 To which of the following common law contracts will the statue of frauds best apply?

A license contract of three weeks duration

A sale of goods contract involving an amount of $400

A lease transaction involving an amount of $2500

A supplier contract of six months’ duration

10 Gadgetbug Corp. and Alba Inc. are two companies that have entered into a contract. According to the terms of this contract, if any one party breaches the contract, it will pay the nonbreaching party a fixed amount of $50,000. What type of remedy for contract breaches is best illustrated in the scenario?

Compensatory damages

Consequential damages

Liquidation damages

Restitution

11 In the context of remedies to breach of contract, what is true about compensatory damages?

They essentially cover foreseeable indirect losses.

They are estimated by the two parties who enter into a contract, even before a breach occurs.

They may include the potential profits payable to a nonbreaching party, if the contract had not been breached.

They intend to put a nonbreaching party in a much more advantageous position than it was in before the contract was breached.

12 Identify the type of remedy for contract breaches in which a nonbreaching party also recovers damages for foreseeable indirect losses.

Compensatory damages

Consequential damages

Restitution

Liquidated damages

13 Identify the type of equitable remedy in which a court orders a party to refrain from taking a particular action.

Injunctive relief

Restitution

Reformation

Consequential damages

14 Adrian, who runs a café, has a contract with Mariam, who is a supplier. The contract states that Mariam will provide hundred cartons of cocoa powder to Adrian every week for a set price. However, after making the contract, Mariam realizes that there is an error in it. The price is much lower than had been agreed. Mariam decides to have the terms of contract changed. The court rules that the price term of the contract be revised. What type of remedy is illustrated in the scenario?

Restitution

Consequential damages

Injunctive relief

Reformation

15 What is true about specific performance as an equitable remedy for contract breaches?

It requires the breaching party to pay extra damages for not performing the terms of the contract.

It is the most commonly adopted remedy for most cases involving the sale of goods.

It requires the breaching party to take action to ensure that the promised performance is delivered

It requires the breaching party to also pay damages for indirect losses that the nonbreaching party incurred because of lack of performance.

16 What is true about the formation of a sole proprietorship?

It requires a very high fee during formation.

It is taxed as a separate entity.

It requires no annual filings.

It must operate exclusively at one location

17 Identify the true statement about general partnerships.

They are essentially created by filing a form with the government

They are always formed by parties who have the intention to form a partnership.

They require the partners to assume liability for the debts of the partnership.

They require ownership rights to be sold through public markets

18 Anita and Sameera own a salon together. Anita manages the business and takes management decisions herself. On the other hand, Sameera has only invested capital in the business. According to the agreement, Anita assumes responsibility for all the debts and liabilities of the salon, but Sameera is liable only for the amount that she contributed to the business. What type of business form is illustrated in the scenario, assuming necessary documents are filed with the appropriate jurisdiction?

A limited liability partnership

A general partnership

A sole proprietorship

A corporation

19 Which statement is true in the context of limited liability companies (LLCs)?

The principals of LLCs do not receive any liability protection.

The principals of LLCs can opt for pass through tax treatment.

The principals of LLCs are required to file extensive articles during the formation stage.

The principals of LLCs are not subject to any fiduciary duties of loyalty

20 What is a characteristic of a manager managed limited liability company (LLC)?

All the members participate in business operations.

A person who is not an invested member is selected to manage the business.

Only an appointed member can look after business operations.

All the members have the authority to act on the LLC’s behalf.

21 Which of the following business firms is most likely to be a limited liability partnership (LLP)?

Aries Pharmaceuticals can only be taxed as a separate legal entity.

Red Communications has two owners who assume complete responsibility for all the debts and obligations of the company.

Image Agency is owned and managed by only one individual

Libra Electronics was formed when its owners filed a statement of qualification with the appropriate public official

22 Which of the following statements is true about corporations?

Their formation is governed only by federal statutes

Their obligations are separate from the personal obligations of their principals.

Their structure, functioning, and ownership issues are not governed by any law.

They cannot be sued and are not authorized to file suits.

23 What is one of the characteristics of a typical privately held corporation?

No limit in terms of revenue

Lack of flexibility in internal management

Large numbers of shareholders

Several shareholders that are financial institutions

24 Identify the true statement about corporations.

Public corporations do not have any owners.

Publicly held corporations are not subject to regulation or scrutiny by federal or state agencies

Professional corporations frequently sell ownership interests to the general public.

Alien corporations are formed in the United States by principals from other countries

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ETH 321 Week 3 Assignment BUGusa, Inc. Case Scenario
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ETH 321 Week 3 Assignment BUGusa, Inc. Case Scenario
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Resources: Case Scenarios: Bugusa, Inc. multimedia link and Material: Bugusa, Inc. Worksheet

Use the BUGusa, Inc. scenarios and your research to support your answers to the questions listed in the worksheet, classifying the types of torts in each scenario.

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ETH 321 Week 2 Learning Team Assignment ADR Clause for Learning Team Charter Paper
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ETH 321 Week 2 Learning Team Assignment ADR Clause for Learning Team Charter Paper
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Write a 1,050- to 1,400-word paper in which you do the following:

  • Outline the various forms of an alternative dispute resolution (ADR).
  • Develop an ADR clause that might be used by a Learning Team to resolve disagreements among members using one of the forms you discussed. This has to be an actual written clause.
  • Identify all provisions and information necessary to enable the ADR to occur and function effectively.

The clause must be suitable for use by any Learning Team in any course of your program.

The clause must provide all information necessary to define which disputes are subject to an ADR.

Format your paper consistent with APA guidelines.

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ETH 321 Week 2 Knowledge Check
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1. Identify the true statement about a claim of defamation

A statement must have the ability to hurt the reputation of an individual in order to qualify as defamatory.

A statement does not have to be heard by a third party in order to qualify as defamatory.

An unkind statement made against a profession as a whole is also considered defamatory.

A statement should be based on pure opinion to qualify as defamatory

2.Who among the following is given absolute privilege or immunity against defamation?

Journalists while covering the news

Employers while recruiting new employees

Business owners during press conferences

Congress members during congressional debates

  1. Delta Inc. has filed a lawsuit against one of its new franchisees for providing false information about the amount of its profits it would give to Delta every month. Delta has also ascertained that the incorrect information caused pecuniary damages to Delta as well as damages to its reputation. What type of business tort is illustrated in the scenario?

Fraudulent misrepresentation

Slander

Battery

Tortious interference with existing contractual relationship

  1. What is likely to make a plaintiff’s case stronger in a negligence lawsuit?

Use of the assumption of risk

Absence of a safety statute

Occurrence of misfeasance

Absence of proximate cause

  1. In cases of negligence, what is one problem in applying the but for test?

It may result in holding a tortfeasor responsible for injuries that were not foreseeable.

It relieves a defendant of all liabilities, ruling that the defendant did not owe a duty of care to the plaintiff.

It may result in limiting the liability on a defendant in cases where the plaintiff, in some way, was also responsible for the damages.

It limits the liability on the defendant in cases where a superseding event caused more damages

  1. Which doctrine allows a plaintiff to presume that a defendant caused certain damages without describing exactly how the defendant behaved?

Comparative negligence

Res ipsa loquiter

Assumption of the risk

Actus Reus

  1. What is true about strict liability?

It places emphasis on the intent of the tortfeasor.

It requires the plaintiff to prove duty of care and negligence.

It applies primarily to abnormally dangerous activities

It does not apply to defective products

  1. Venus Corp. is a building demolition company that produces large quantities of plastic explosives, which are stored in its warehouses. These warehouses are typically insulated and protected against damage. However, one day, a worker unintentionally causes an explosion in one of the warehouses, damaging buildings around it and causing injury to some individuals in the area. Which type of liability will a court most likely impose on Venus Corp.?

Strict liability

Assumption of the risk

Libel

Defamation liability

  1. Identify the basis upon which strict liability is imposed on a company for damages caused in the event of an incident.

The nature of the activity of the company

The intentions of the company

The net worth of the company

The amount of resources used by the company

  1. Omega Inc. has filed a lawsuit against one of its employees. This employee has been transferring monthly sums of company money into his personal account. He has been simultaneously altering the company’s financial records to indicate that the money is still in the company account. What kind of white collar crime is illustrated in the scenario?

Battery

Ponzi scheme

Embezzlement

Theft

  1. Identify the white collar crime that involves a fraudulent entity attracting investors, offering them high returns, and paying these returns, not from profits, but from investments made by subsequent investors.

Ponzi scheme

Embezzlement

Bribery

Battery

  1. Choose the correct statement about white collar crimes in the United States.

Conspiracy requires a criminal act to be carried out, not just agreed upon.

Insider trading activities can no longer by pursued by the government.

An obstruction of justice charge can stand independently

Bribery is an offense that requires that a transaction has actually taken place, not just that money has been offered

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ETH 321 Week 2 Assignment Ethical Dilemma Paper
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ETH 321 Week 1 Assignment Role and Functions of Law Paper
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Access Films on Demand covering ethical topics by following these directions:

  • Click on University Library.
  • Click on View All Resources Alphabetically.
  • Click on Films on Demand.
  • Open the drop-down menu under Collections and select Business and Economics.
  • Select Business Law located under Ethics and Business Law

Watch any video where an ethical decision has been made.

Write a 350-word executive summary outlining the ethical dilemma and outcome in the video, as well as possible alternative solutions.

Reference ethical theories from the reading as you describe possible alternative solutions.

Format your paper consistent with APA guidelines.

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ETH 321 Week 1 Knowledge Check
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1. What has been one of the focus areas of law in the United States over the past few decades?

Removing antidiscrimination laws
Moving away from the domain of education
Guaranteeing consistency and equality
Promoting the domination of tribal societies

2.Identify the true statement about the role of law in the United StatesThe law has no influence on commerce and business transactions

The law is yet to introduce legal mechanisms to ensure equality in the workplace.
The law plays a role in fostering trust and reliability among merchants and consumers.
The focus of law has now significantly shifted to domination and power

3.Which of the following is one of the purposes of law today?

Acting as a change agent for commerce
Promoting domination
Embracing discrimination laws
Excluding commercial transactions from the purview of law

4.Identify the true statement about the American judiciary.

All courts interpret laws and take decisions independently.
Certain courts have the duty to evaluate the actions of other courts.
All courts are charged with the responsibility of judicial review.
Every court has the authority to hear all kinds of cases

5.What is the function of an appellate court?

To review petitions filed by losing parties
To review the actions of federal courts
To conduct trial proceedings for lawsuits
To conduct trials for issues involving violations of federal statutes

6.Identify the courts that conduct primary trials for issues that involve federal matters such as federal regulations and statutes. The courts also hear a range of matters and provide decisions that are binding only on the parties involved.

Appellate courts
Circuit Courts of Appeal
U.S. District Courts
State trial courts

7.What is true about arbitration as an alternative form of dispute resolution?

The arbitrator functions like a judge in a standard trial.
The arbitrator is not authorized to demand the testimony of witnesses in any dispute.
The arbitrator’s final decision must be approved by a higher court.
The arbitrator’s decision cannot be questioned under any circumstances

8.Sigma Inc. and Beta LLC. are two companies involved in a dispute. Both companies have agreed to appoint a third party, an attorney, to listen to their arguments and help them reach an agreement. The third party, however, will not render any kind of decision for the two parties involved. What type of alternative form of dispute resolution is being used by Sigma Inc. and Beta LLC.?

Arbitration
Mediation
Expert evaluation
Trial

9.In certain cases, the legal issues involve the intricacies of a specific industry or profession. In such cases, which type of alternative dispute resolution is used in which a neutral professional is hired to assess and evaluate facts and arguments. The professional is expected to come up with an appropriate solution or recommendation. The professional could also collect more information, if required, for the case

Mediation
Negotiation
Standing
Expert evaluation

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ETH 321 Week 1 Assignment Role and Functions of Law Paper
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ETH 321 Week 1 Assignment Role and Functions of Law Paper
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Write a 700- to 1,050-word paper in which you discuss the roles of law and courts in today’s business environment.

  • Differentiate the federal court structure with your state’s court structure.
  • Discuss the concept of judicial review.
  • Explain how laws or regulations affect your present job or industry.
  • Properly cite at least two references from your reading.

Cite your research and format your paper consistent with APA guidelines.

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ETH 321 Entire Course NEW
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