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    Business Law

    21e S T A N D A R D V O L U M E BUSINESS LAW And The Legal Environment ANDERSON’S This page intentionally left blank 21e S T A N D A R D V O L U M E BUSINESS LAW And The Legal Environment DAVID P. TWOMEY Professor of Law Carroll School of Management Boston College Member of the Massachusetts and Florida Bars ANDERSON’S MARIANNE MOODY JENNINGS Professor of Legal and Ethical Studies W.P. Carey School of Business Arizona State University Member of the Arizona Bar Australia

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    Corporate and Business Law Section A – SIX questions ONLY to be attempted 1 Explain the distinction between binding and persuasive sources of law in Zimbabwe. (10 marks) 2 In relation to the law of contract: (a) Explain the interface between a voetstoots contract and aedilitian remedies for a latently defective article. (7 marks) (b) State whether the current law adequately caters for the present day demands of commerce in Zimbabwe. (3 marks) (10 marks) 3 In relation to the law of contract:

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    Travel Agency Business Plan

    TRAVEL AGENCY BUSINESS PLAN ROMANIAN EXPERIENCE 1. The Business Romanian Experience will begin operations this year and provide travel packages with upscale accommodations, gourmet food, and quality service providers to the clients. Romanian Experience includes hard-adventure travel packages and soft-adventure travel packages. An opportunity for Romanian Experience's success exists because the travel industry is growing and the national tourism is very well promoted lately. Romanian Experience's

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    Business Law

    Sherwanda Fox Business Law 07.26.12 Microsoft Corporation v. i4i Limited Partnership and Infrastructures for Information Inc. No. 10- 290 I4i is a software consulting company that creates markets and sells computers. I4i applied for a patent covering its invention which is an improved method for manipulating an electronic document's architecture and content. This technology is commonly referred to as a "markup language."These computer languages place "tags" around text to tell a computer how

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    Business Law- Agency

    Executive Summary Various issues in the common law arise when agents make contracts on behalf of principals. Should a principal be bound when his agent makes a contract on his behalf that he would immediately wish to disavow? The tradeoffs resemble those in tort, so the least-cost avoider principle is useful for deciding which agreements are binding and can unify a number of different doctrines in agency law. In particular, an efficiency explanation can be found for the undisclosed-principal rule

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    Business Law

    Law of agency From Wikipedia, the free encyclopedia Jump to: navigation, search The law of agency is an area of commercial law dealing with a contractual or quasi-contractual, or non-contractual set of relationships when a person, called the agent, is authorized to act on behalf of another (called the principal) to create a legal relationship with a third party.[1] Succinctly, it may be referred to as the relationship between a principal and an agent whereby the principal, expressly or impliedly

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    Business Law

    agent can affect their liability to any claims and the two main categories of agent: General agent: a general agent is an agent authorized by the principal to conduct a series of transactions involving continuity of service, like a manager of a business. A general agent does not require fresh authorization for each transaction. Special agent: a special agent is an agent who is authorized to conduct a single transaction or a series of transactions not involving continuity of service. In other words

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    Business Law

    Lease Contracts - When we turn to contracts for the sale and lease of goods we move away from common law and into the area of statutory law. - UCC article 2: on sales, 2A: on leases - The goal of the UCC is to simplify and streamline commercial transactions, allowing parties to form contracts without observing the same degree of formality used in other types of contracts by making laws governing sales and lease contracts clearer, simpler and more readily applicable to the difficulties that

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    Business Law

    Brandel Hopkins Professor Alston Business Law February 19, 2014 Federal: Legislative Agency Article I of the United States Constitution created the Legislative Agency/Branch which is one of three agencies: Judicial, Executive, and Legislative. The Legislative Division of the Federal Government is a combination of the House of Representatives or House of Rep's, which has 435 elected representatives over the 50 states, and the Senate, which together, form the United States

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    Business Law

    BUSINESS LAW PROF. PAUL YOUNG CHOI Attorney at Law Law Office of Paul Young Choi 5900 Sepulveda Blvd., Ste. 303 Sherman Oaks, California 91411 (818) 714-2226 (818) 714-2216 Fax paulchoi@mail.npu.edu Introduction  Syllabus  Book  Attendance  Integrity Policy  What to expect from the class Functions of Law         1. Keeping the peace (Including making certain activities crimes) 2. Shaping moral standards (e.g., enacting laws that discourage drug and alcohol abuse)

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    Business Law

    Week One Individual Assignment Brandon Mendonca Law/421 Demond Philson March 11, 2014 In this paper I will be analyzing and defining the functions and role of law in business and society. I will also discuss the functions and role of law within my past or present job or industry. The existence of law plays a significant role when it pertains to the successful operations of business and society. The need for laws to govern and regulate social behavior is critical for the efficiency of

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    Agency Law

    Business Law I MGMT235-1401A-05 January 15, 2014 For this discussion board post we are to discuss the topics of Agency Law and the different principals and ideas that go along with it. There are three types of principles that exist; they are disclosed, undisclosed, and partially disclosed principals. A disclosed principle refers to when there is a 3rd party involved. The person/people are not hidden by the company to the person or persons that they are working with. For example, Let’s

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    Law of Agency

    The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party.[1] Succinctly, it may be referred to as the relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under his control and on his behalf

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    Agency Law in Kenya

    INTRODUCTION Agency has been defined as a legal relationship that exists between two persons where one called the agent is considered in law to represent the other called the principal in such a way as to affect the principal’s legal position in relation to other parties. This presentation will explore the below: • Definition of agency • Creation of agency • Effects of contracts made by agents • Rights and duties between principal and agent • Termination of agency DEFINITION OF AGENCY An agent

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    Business Law

    premise itself has created a distinct medium for business opportunities. The Social Media Marketing Manager, is at the forefront of utilizing social media outlets for consumer transactions. While Social Media is far from a fledgling arena, it is still a relatively new aspect to consider for instances of commerce to take place. Social Media outlets can effectively be viewed as frontier like, especially when considering the legal aspects of any business being conducted within the realm of cyberspace

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    Shomma G. Tolbert Business Law I- LEG 100 Professor Chester Galloway August 11th 2014 Social media and marketing is a semi new joined force, which has social networks, blogs and forums buzzing with advertisements’ of new products and ideas. Starting with marketing managers who may utilize social media outlets to reach their consumers must consider a few major details before they can start the social media process; Intent of the product is the main

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    Agency Law

    Chapter 10: Agency * What is an agent? * The primary function of an agent is to make contracts on behalf of the principal  If the party wishes to sue, they must sue the principal and not the agent: International Harvester Co of Australia Pty Ltd v Carrigan’s Hazeldene Pastoral Co (1958) * Indicators of an agency relationship: * Does the 'agent' keep the profits it makes or does it have to pay them across to the principal? * Is the ‘agent’ paid a commission

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    Family Related Issues: Family and Medical Leave Act Carolyn Dodge Professor Eric Baime, JD MBA Law, Ethics, and Corporate Governance LEG500009016*201102 January 29, 2011 Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. The Family and Medical Leave Act of 1993 (hereinafter

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    Business Law

    Assignment 2: Merrill Lynch NAME: XXXXXXX Strayer University LEG 100 Business Law I Professor Thomas A. Noto May 4, 2014 Merrill Lynch Introduction The Securities and Exchange Commission is a United States Federal Government Agency tasked with protecting investors by setting standards for disclosure of financial information, as well as enforcing securities laws and regulations of businesses that trade on the stock market. After the

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    Business Law

    Mortgage Bank, Inc. Deciding whether it is permissible for the IRS to request or seize the documents depends on whether the documents are Answer Selected Answer: relevant. • Question 6 1 out of 1 points Independent regulatory agencies such as the Federal Trade Commission are Answer Selected Answer: outside the major departments of the government's executive branch. • Question 7 1 out of 1 points The Securities and Exchange Commission decides to create a

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    Business Law

    Common Law, Statutory Law and Administrative Law Common Law Judge-Made Law: Sum total of all cases decided by appellate courts. 200 yrs ago almost all laws were common laws. Today most laws are statutory. Disadvantages: Each state has a body of law different from other states (problems for businesses) Stare Decisis Stare Decisis is the essence of common law. It means “Let the decision stand”. Law by precedent (by state). So there should be a precedent in that. Disadvantages: This is not easy

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    Business Law

    Common Law Traditions and Sources of Law I want to thank all the staff for attending this meeting about legal matters. It is important that the company explains law and legal concepts to all employees. As your new manager I will ensure all information will be answered in a timely fashion. Many of our departments are cross-functional and we must discuss certain legal terms are and how they should be handled. First, lets talk about common law. Common law is “ the body of law developed from

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    Business Law

    Chapter 1 Nature of Law | Definition of Law “a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong’ (Blackstone)Functions of Law to maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simultaneously permitting ordered change. Legal Sanctions are means by which the law enforces the decisions of the courts.Law and Morals

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    Agency Law Summary

    Agency Law 1. Agent is not a party, only representative to carry out almost all legal acts of principal. 2. Agent must have authority to represent. Relationship is normally contractual. a. Express authority ACTUAL: being set out/stated in words by principal, orally or in writing.超过一年或一年可能不能完成、买卖land/interest in land/business must written document即为power of attorney. b. Implication authority ACTUAL: • Authority被要求做things necessarily or normally incidental to acts that have been expressly authorized

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    Business Law

    Plaintiff-appellant Robert Moser, an individual from California interested in purchasing investment realty in New Mexico, sued defendant-appellee Mary Bertram, a real estate sales agent employed by the Santa Fe brokerage firm of Vidal Garcia doing business as Century 21 Blue Chip Realty ("Blue Chip"), for breach of fiduciary duty. Bertram was listing agent for property that Moser wanted to purchase, a residence located in Santa Fe, New Mexico. Moser hired Dolores Lee as his buyer's agent to secure

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    Starting an Advertising Agency Business

    Starting An Advertising Agency BusinessIf you are like the average worker, you have probably entertained the idea of starting your own business at one time or another. Starting your own business should not be taken lightly, but if you have the dedication it can be the best move for you.If you are familiar with the world of advertising agency or are just find you have a way with words and a good rapport with people, starting an advertising agency business may be the perfect move for you. But you will

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    Business Law

    Business Law and Ethics The Australian Consumer Law Act (Cth) Table Of Contents Page 3 - Topic & Introduction Page 4 - The Old Consumer Law System Page 5 – The New Consumer Law System Page 6 – Comparing the two Systems &The Empowerment of Consumers Page 7 – The Empowerment of Consumers cont’ & Guidance for the both the Consumer and Traders and Legal Practitioners Page 8 - Guidance for the both the Consumer and Traders and Legal Practitioners cont’ Page 9 – The Constitutional

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    Business Law

    Law: A body of enforceable rules governing relationships among individuals and between individuals and their society.  Natural Law: A system of universal moral and ethical principles that are inherent in human nature and that people can discover by using their natural intelligence (e.g., murder is wrong; parents are responsible for the acts of their minor children).  Positive Law: The conventional, or written, law of a particular society at a particular point in time (e.g., the U.S. Constitution

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    Business Law

    PACE UNIVERSITY Law 101 - Business Law I CRN 70058 Fall 2015 Professor Frank G. Colella Wednesdays 9:00 AM – 12:00 PM Syllabus Text: Anderson’s Business Law and the Legal Environment Comprehensive Volume/22nd Edition/Twomey & Jennings Course Objectives 1. 2. 3. 4. 5. 6. To acquaint students with the basic laws governing contracts, torts, crimes, consumer protection, and administrative agencies. The nature and sources of law, the court system, alternate dispute resolution, and

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    Chapter 17 Agency Law

    ------------------------------------------------- CHAPTER 17-AGENCY LAW TRUE/FALSE 1. Larry decided to relocate to Germany. Larry hired Happy Homes, Inc. to find a buyer and contract for the sale of his house in the U.S. The agency relationship between Larry and Happy Homes must be evidenced with a written agreement. 2. If Denise is hired to work as a cashier, she has the implied authority to do acts reasonably necessary to carry out her job. 3. Erica's supervisor

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    Role and Function of Law Ron Metz January 13, 2013 LAW/421 Tom Poulton Role and Function of Law The definition of law is “a body of rules of action or conduct prescribed by controlling authority, and having a legal binding force (Melvin, 2011, pg. 4).” Laws create duties, obligations and rights that reflect the accepted views of any given society. The most obvious purpose of laws is to provide order that defines crimes and levies punishment for violation of the crimes. It also helps to resolves

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    Law Enforcement Agencies and Systems

    Law Enforcement Agencies and Systems Law Enforcement Agencies and Systems Law enforcement agencies and systems have shown consistent changes over the centuries and is evolving over time. Even though “modern policing in the U.S. is still based on the nineteenth-century British model of the Metropolitan Police of London, a tremendous amount of specialization has evolved in today’s sphere of policing, especially among federal, state, and local agencies” (Peak, 2015, p.277). In

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    Business Law

    claim? 4. What is liability of Steve to Garry? Sub issue: 1. Is there any agency relationship exist between Steve and Garry? Rules relevant to the issues: 1. Section 18(1) of partnership act 1895 (WA) – Misappropriation of money or property 13 – partners bound by the 14, 16, 17, 29 Slide 29 case Application of the Rule/Analysis Partnerships are a particular form of business association or collective business ownership whose foundation lies in mutual confidence and duty of utmost faith

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    Business Law

    (reprehensible). Usually, this means that punitive damages are available in intentional tort actions and only rarely in negligence lawsuits. 2.   What is defamation? Defamation of character involves wrongfully hurting a person’s good reputation. The law imposes a general duty on all persons to refrain from making false, defamatory statements of fact about others. Breaching this duty in writing or in another permanent form involves the tort of libel. Breaching this duty orally involves the tort of slander

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    Business Law

    Positive law as the ethic of our time. Business Horizons | September 01, 1990 | Fisher, Bruce D. | Copyright Positive Law as the Ethic of Our Time The number of businesspersons, political leaders, TV ministers, sports personalities, educators, and other role models for American society who in recent years have been fined, imprisoned, left private or public office in disgrace, or been denied Olympic medals starlets many. Others not only are alarmed by the rash of apparently unethical conduct

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    Business Law

    ------------------------------------------------- Law and Legal Reasoning ------------------------------------------------- N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Bank. = A question included in the previous edition of the Test Bank. | TRUE/FALSE QUESTIONS B1. Laws and government regulations affect almost all business activities.

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    Business Law

    Business Law Name Institution Business Law When starting a new business, there is a range of legal issues that the two graduates should put into consideration before making the business operational. Everything from the business structure to its operation to its name has legal implications. Before starting the business, the two graduates are required to sample legal concerns that they want to address with their attorney before they start the business (Miller, Cross, & Jentz,

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    Business Law

    Benefits: only employees are able to receive benefits (health insurance, dental, etc.), IC will not be able to receive benefits from employers. 4. Cost savings: sometimes cheaper to hire IC (IC brings own tools, facilities, etc.) 5. Laws: some laws only apply to employee (minimum wage/overtime employees) What is IC? Independent/contract-based/by the job (ex. Housepainter) What is employee? Work for employer consistently, salary/wage, employer furnishes tools What happen if you

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    Business Plan for Acting Agency

     Business Plan for Acting Agency Name Institution Business Plan for Acting Agency Introduction An acting agency is an entity or a company that represents or finds jobs for artists, film directors, screenwriters, models, or musicians in entertainment or film industry. The acting agency supports, promotes, or defends the clients' interests. An accounting agency can specialize on various talents in the film industry by establishing different departments within

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    Business Plan for Acting Agency

     Business Plan for Acting Agency Name Institution Business Plan for Acting Agency Introduction An acting agency is an entity or a company that represents or finds jobs for artists, film directors, screenwriters, models, or musicians in entertainment or film industry. The acting agency supports, promotes, or defends the clients' interests. An accounting agency can specialize on various talents in the film industry by establishing different departments within

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    Business Plan for Acting Agency

     Business Plan for Acting Agency Name Institution Business Plan for Acting Agency Introduction An acting agency is an entity or a company that represents or finds jobs for artists, film directors, screenwriters, models, or musicians in entertainment or film industry. The acting agency supports, promotes, or defends the clients' interests. An accounting agency can specialize on various talents in the film industry by establishing different departments within

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    Business Law

    decided that she wants the painting eagerly and at any cost. For doing so she agreed to the terms and conditions of the buyer and sends him (seller) a cheque of $15,000 dollar by September 10, 5 p.m. This contract comes under the Australian Consumer Law which states that consumer has the right to replace, repair or refund on product and services and they are entitled to get guarantee if goods are purchase not to be re-sold. Every single contract has some terms and conditions that the parties are indulged

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    Business Law

    Business Law & Taxation EASY ROUND 1. Which of the following individuals shall not be subject to the income tax under Section 24 (A)? |D |a. |Individual citizen of the Philippines residing therein; | | |b. |Individual citizen of the Philippines who residing outside the Philippines including overseas contract workers; | | |c. |Individual alien who is a resident of

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    Business Law

    Contract – an agreement that is enforceable by a court of law or equity. Also, a contract is a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some ways recognizes a duty. Sources of contract law include the Common Law of Contracts (developed primarily by state courts) and the Uniform Commercial Code (UCC) which is a comprehensive statutory scheme that includes laws that cover aspects of commercial transactions. Elements

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    The Nature of Agency Within a Business

    The Nature of Agency within a Business Due to the complexity of a business and the many functions that an owner and/or governing body must handle on a daily basis, it seems quite normal for an employee to be authorized to purchase, order and receive items needed for the business. This vital function allows an individual to act on the owner’s behalf by obtaining supplies and/or merchandise which is needed to supply the company without the continual involvement of the owner. In regards to this paper

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    Business Law

    include in a contract which state’s law will govern disputes that arise under the contract. A) True B) False 2. Stare decisis is typically of lesser importance to the Supreme Court in deciding constitutional issues than to trial courts in deciding specific controversies. A) True B) False 3. It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted by State B. A) True B) False 4. Many areas of law important to businesses are governed

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    Business Law

    belongs to the Sacketts. Cheeseman, Henry R. (2010). Business Law: Legal Environment Online Commerce, Business Ethics and International Issues. (Seven Edition) New Jersey, NJ. Pearson Prentice Hall Case 16.10 Intentional interference with contractual relations Pacific Gas and Electric Company (PGEC) v Bear Stearns & company deals with a long term agreement between PGEC and Placer County Water Agency. Where Placer County Water Agency sells electricity created by their hydropower plants to

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    Business Laws

    Business Entities, Laws, and Regulations Trudy E. Hartis BUS/415 November 20, 2011 Mark Rorem Business Entities, Laws, and Regulations A business assumes limitations and liabilities when building the structure of the organization. There are several types of business entities, hiring an accountant or attorney can help you decide what type of business structure best fits the need of the organization or business that you want to establish. Sole proprietorship, is a

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    Business Law

    are implied in fact and contracts implied in law are both called implied contracts, a true implied contract consists of obligations arising from a mutual agreement and intent to promise, which have not been expressed in words. It is misleading to label as an implied contract one that is implied in law because a contract implied in law lacks the requisites of a true contract. The term quasi-contract is a more accurate designation of contracts implied in law. Implied contracts are as binding as express

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    Business Law

    REPEAT THESE ANSWERS HERE AS A CONVENIENCE TO YOU. 1A Sources of Law Primary sources of law are sources that establish the law. In the United States, these include the U.S. Constitution and the state constitutions, statues passed by Congress and the state legislatures, regulations created by administrative agencies, and court decisions, or case law. 2A COMMON LAW TRADITION Because of our colonial heritage, much of American law is based on the English legal system. In that system, after the Norman

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