Business Law Notes

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    Business Law

    from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another. | tortfeasor | A person or company that commits a tort. | intentional tort | A wrongful act knowingly committed. | appropriation | In tort law, the use by one person of another person’s name, likeness, or other identifying characteristic without permission and for the benefit of the user. | assault | Any word or action intended to make another person fearful of immediate physical harm;

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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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    Business Law

    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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    Business Law

    Semester II Examination Papers IIBM Institute of Business Management IIBM Institute of Business Management Semester-II Examination Paper MM.100 Business Law Section A: Objective Type (30 marks) • This section consists of Multiple choice questions & Short Notes type questions. • Answer all the questions. • Part One questions carry 2 marks each & Part Two questions carry 4 marks each. Part One: Multiple choices: 1. A condition cannot be treated as warranty in the following circumstances

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    It Notes for Business

    produce both text and graphics. They also accommodate various paper sizes but are however noisy. Non-impact printers These are quieter printers and examples include LaserJet and inkjet printers. The Laser printers are a more popular choice for business use. They use a printing technique similar to that used in a photocopying machine. A laser beam is used to form an image onto the paper using toner. The print quality is high. Lasers are fast, and quiet. They print graphics but are more expensive

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    European Union Law Notes

    obligations. And this means that courts must interpret national law so as to ensure the objectives of Directive are achieved. This requires an effective remedy that has a deterrent effect and is adequate in relation to the damage sustained.  A Directive cannot of itself impose obligations on private partiesMarleasing SA v La Comercial Internacional de Alimentacion SA [1990] ECJ Therefore, national courts must as far as possible interpret national law in the light of the wording and purpose of the Directive

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    Torts Law Exam Notes

    “proximity is the best notion yet devised by the law to delineate the relationship of negibour” Proximity test involves a notion of nearness in the relationship between the parties. as a principle stated in Rylands v Flectcher, “identifying the categories of case…rather than a test for determining whether the circumstances of a particular case bring it within such a category, either established or developing”. Sullivan v Moody applied tradtional common law approach “…although not determinative, is instructive”

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    Short Note on Contact Law

    Describe the law relating to communication of proposals, their acceptance and their revocation. Section 2(a) of Indian Contract Act 1972 says that when a person signifies his willingness to do or to abstain from doing something to another, with a view to obtaining the assent of that another, he is said to make a proposal.  Further, section 2(b) says that when the person to whom the proposal is made signifies his assent, the proposal is said to be accepted. The important point to note here is that

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    Business Notes

    company’s net income, is net income necessarily the investors’ attribute of interest Firm performance Firm future performance What two things do accounting measures often represent Performance- what have we done? Position- what do we have? Business Strategy and Accounting USSBA Too many teams to manage What is strategy according to Porter? Strategy is creating a fit among an organization’s activities (to enable it to realize its goal or mission). The success of a strategy depends on doing

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    Law Notes

    must accept the lowest qualified bid - can use privilege clause (the owner has privilege to not accept the lowest bid) Various forms in procurement: (request for expression of interest (RFEOI) Request for proposal - now frequently for construction law (RFP) - owner choose to cancel RFP anytime (e.g. too expensive etc). RFP less risk, but less certainty, b/e it’s not bound by a contract. Tenders/Request for quotation (RFQ) - process set out to be TRANSPARENT - be in trouble if say we wanted to choose

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    Business Law

    default. If the defaulting Partner fails to timely cure such default, the Partner that is then entitled to purchase the defaulting Joint Venturer’s share in the Partner may invoke, in addition to any other remedy at law, the sale of the defaulting Joint Venturer’s interest in the Business Cooperation as stated in paragraph 9.02. 10.02 Sale Notice. Sale Notice. Notwithstanding the written offer requirement of the selling Partner in paragraph 9.02, if the defaulting Partner fails to make the required

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    Law Notes

    a condition or warranty. This determination is important from a remedies standpoint. Please note that a question may contain facts such that you do not need to go through all 5 steps. Also, a question may contain other issues not in this paper. The same as with all law questions, you cannot just apply a model or framework if you want to get a good mark. You have to think carefully about what relevant law applies, and only discuss the issues that are relevant. Postal acceptance rule does not apply

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    Law for Business

    The law Overview of Australian contract law Formation A contract is a promise or a set of promises that is legally binding. In this context a promise is an undertaking by one person to do something or refrain from doing something if another person does something or refrains from doing something or makes a promise in return. A promise or set of promises will be legally binding if certain criteria are met. In Australia this requires that there be an agreement (comprising an offer and acceptance)

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    Business Law

    TABLE CONTENT INTRODUCTION 6 I. The element legal issues in business for a valid contract 7 1.1. The elements in formation of a Valid Contract 7 1.2. Types of Contract 12 1.3. Terms in contracts 17 II. The elements of a business contract in business situation 19 2.1. The elements of contract in the business case 19 2.2. The law on terms in the above two different contracts 20 2.3. The effect of different terms in the two contracts 22 CONCLUSION 24 REFERENT LISTS 25

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    Business Law Notes

    Chapter One: The Legal Environment 1. Business activities and the legal environment 2. Sources of American law 1) Primary sources of law * Constitutional law (The U.S. Constitution, state constitutions) * Statutory law ( federal statutes, state statutes, ordinances; uniform laws) * Administrative law (administrative agencies: federal, state, local) * Case law 2) Secondary sources of law * Books , articles 3. The common law tradition 1) Stare decisis

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    Business Law Exam Notes

    the values and beliefs of a society or its ruling group. 2. Primary sources of the Law include: The U.s. Constitution of the various states. Statues, or laws, passed by Congress and by state legislatures. Regulations created by administrative agencies, such as the Federal Trade Commission and the U.S. Food and Drug Administration. Case law (court decisions) 3. Common Law: the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable

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    Business Law

    Question 1 This issue with this case concerns the offences committed by the three China bus drivers that went on strike, the required criminal laws to deal with the offences committed are Duress, Tort of Conspiracy, Employment law and Discharge of Contract. As part of the common law, Duress happens when one party refuses to agree into a contract and is forced to agree to the contract by violence or a threat, and also the threat must be of relation to actual physical violence to life, limb or

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    Business Notes

    footprint. L-The increasing sea level is beginning to remove some of the nearby beach from the center’s property. Not many regulations have been put on the science center. Perform a Porter’s 5 Forces Industry Analysis as it relates to SSC. (Note: The amount of information you have about the different forces varies tremendously. Also, many not-for-profits like SSC have two customer groups, as Visitors and Donors can both be considered customers. Take this into account as you do your analysis

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    Business Law Notes

    acceptance under the same terms still don’t qualify as an acceptance Protection against Standard Form Contracts 1. If business is regulated by govt board, its terms are subject to approval 2. Some segments of the public are offered special protection i.e. consumers 3. For unregulated activity, the public receives as much protection as the courts can find in contract laws All terms binding?- if offeree convinces courts that she wasn’t aware of a certain term, then the offerer must prove that

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    As Business Notes

    AQA AS Business Studies Unit1 (BUSS1) Course Companion AQA AS Business Studies Unit 1 (BUSS1) Course Companion Publishers Information AQA AS Business Studies Unit 1 Course Companion 1st Edition August 2008 Author: Jim Riley © Tutor2u Limited All Rights Reserved No part of this material may be reproduced in whole or in part without the express written permission of Tutor2u Limited. This publication is not endorsed or approved by AQA. Tutor2u Limited Boston House 214 High Street Boston Spa

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    Business Law

    Introduction In the business law an advertisement in the general there can either be an invitation to treat or offer it is depends on the intention of the parties in each case. If the advertisement of bilateral contracts are not offers whereas advertisement of unilateral contracts are construed to be offers. In the case reference to Carlill v Carbolic Smoke Ball [1893] the advertisement is a unilateral contract was held to be an offer, this is most special. The offer is an offer must be true, rather

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    Business Law

    not apply. Rule (of Law that answers the Issue in this case): A person who willfully, knowingly, and unlawfully sells, furnishes, or serves alcoholic beverages to a person who is not of lawful drinking age, knowing that such person will soon be driving a motor vehicle may become liable for injury or damage caused by or resulting from the intoxication of such minor when the sale, furnishing or serving is the proximate cause of the such injury or damage. When the law requires a person to perform

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    Business Law

    BAI Danni February 2nd, 2014 LECORCHE Claire European Law CHATELIN Mael MIM Program ZHANG Xuwen Continuous Assignment – Team work: ABC Case Part 2: Goods produced in India I) Facts Summary II) Applicable Law III) Argumentation IV) Conclusion V) ABC actions I) Facts Summary  In charge of inspection shipment (pre or after??) suppler must to do the goods >US$3,300  Cost the fee of waiting for the lorry to carry the goods  Import some toys from

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    Business Law

    section 26, section 28, and section 9. Body Under section 26, an agreement without consideration is void unless it is in writing and registered, or in a promise to compensate for something done, or is a promise to pay a debt barred by limitation law. So, Olander Contracting Co is right, developer Gail Wachter should pay for the pipe. In their water and sewer construction contract, it state that “among other things, connecting a IO-inch sewer line from Wachter’s housing development to the city’s

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    Business Law

    permissible deductions and credits. The penalties for tax avoidance is that there is no law against using the tax system to one’s benefit and lowering overall tax obligation. Tax avoidance, as long as it is prepared through legal means, is not a crime and has no penalty, but except a lower tax bill. Even the use of loopholes which named because they provide legal means to legislative intent is not punishable by law. An example of Tax Avoidance is: Big Four accounting firms Ernst & Young agreed to pay

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    Business Law

    A Guide to Writing Answers to the Assignment Questions Introduction Students may be concerned that writing and referencing a law academic paper is ‘different’ to other types of academic papers. This is not correct except that perhaps the level of analysis required may be greater and more reliance on primary sources (e.g. precedent cases and legislation) and secondary sources (textbooks, articles) may be required. But the basic fundamentals are still the same: a well-structured piece of work

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    Business Notes

    the challenges this set of circumstances brings up now and in the future. * Obviously we want you to relate this back to Australian Copyright Law but also point out some of the difficulties that can occur and why we need to think about these problems (because this is an international issue) * I have put up a marking guide for you to use. Please note it is a guide only. We will be looking for your insight into the area and well aware that this may be new for you, as it is for us. * Try and

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    Notes on Business Law

    Prestation - A debt is not understood to be paid unless the thing or service has been completely delivered or rendered. Partial or irregular performance will not extinguish the obligation. - In case of partial performance there is no payment under the law and the creditor can refuse payment. - Creditor has the right to refuse partial performance or not to pay it. 2.) Identity of the Prestation - The very prestation due must be delivered or performed. - When existence of a debt is admitted by the

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    Business Law

    OF GOODS LAW Businesses as well as consumers are usually free to enter into contracts on whatever terms they see fit to agree. However, contracts involving sales of goods can be subject to a range of statutory provisions. Consumers have greater protection than buyers who are ‘dealing in the course of a business’. ‘Let the buyer beware’ or ‘caveat emptor’ does not apply to all transactions and anyone selling goods in the course of a business to consumers should be aware that the law will imply

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    Notes on Law : )

    failed to notice it for 6 minutes. The patient suffered a cardiac arrest, from which he died. The defendant was guilty of manslaughter. Duty of Care Lord Mackay said in Adomako that the normal principles of negligence (Donohue V Stevenson) in civil law should apply when finding a duty and breach. It can be an act or omission, however has to be shown that defendant did do something negligent. Duties apply: * Contractual Duty: Pitwood * Special relationship: Stone V Dobinson * Parental:

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    Business Law

    Topic Two Contract Law: Formation of Contracts [A] Introduction Contract law concerns with regulation of the legal relationship of the parties to contracts. A contract is an agreement having legally binding effects on its parties. In other words, generally speaking, the party who broke the contract has to compensate the innocent party for his loss. How to form a contract? All the 4 following elements are needed for forming contracts: - a. Offer b. Acceptance c. Intention

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    Business Law

    of Doublets and Triplets in legal English for making document difficult to read and longer. In Modern practices doublets and triplets are avoided and effort is done to prepare draft of contract in simple & plain English. Praising the plain English Law Reform Commission of Victoria in Butt and Castle (2006) reveals that it is not deliberately complicated but effective and clear for parties. In addition to this plain language has another advantage that it ensures non-expert readers to fully understand

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    Law Notes

    OF LAW Jurisdiction: a geographical area that uses the same set of laws (Quebec has a civil law jurisdiction compared to the common law jurisdiction that the rest of Canada has) PUBLIC LAW  Constitutional Law: basic rules of the political and legal systems  Administration Law: creation and operation of administrative agencies and tribunals  Criminal Law: offences against the state  Tax Law: rules that are used to collect money for the purposes of public spending PRIVATE LAW: 1

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    Law Business

    numerous changes have been observed in the law firm business. The traditional law firm practice model has as a result been passed by time and firms or any person attempting this model have always found themselves struggling in this dynamic market. The traditional law practice has also been marked by constant consternation as the law firm does not produce good results. The incorporation of the new law firm practice model is evidenced by the rising number of law firms over the years. This means that to

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    Business Law

    party liable on the instrument to pay. 10. Presumptions There are certain presumptions that apply to all negotiable instruments. One of them is the presumption that consideration has been paid under it. It is not necessary to write in a promissory note the words ‘for value received’ or similar expressions because the payment of consideration is presumed. The words are usually included to create an additional evidence of consideration. 11. Prompt payment A negotiable instrument enables the holder

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    Business Law

    filled in correctly and securely stapled to your assignment or it may not reach your lecturer Circle Program Enrolled | C4TP | Dip Arts | Dip Bus | Dip Tech IT | Dip Tech EE | Dip Health Sc | Assoc. Degree | COURSE NAME: Business Law LECTURER'S NAME: Mardi Szantyr ASSIGNMENT NO./TITLE: Assignment 2 DUE DATE: 1 MAY DATE RECEIVED STUDENT ID NUMBER | 110164786 | FAMILY NAME | He | GIVEN NAME | Shan | -------------------------------------------------

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    Business Law

    against the law then a prosperous individual. Nevertheless, it is not our evil doing that we are regularly pushed to foresee this problem this way, especially not when it is the media, the government, and the media are the ones who painting this picture for us.  In this universe we are surrounded by none ending crime, crime is broking down into two sections that have categories of their own those are street crime and white collar crime. An in my Research I will speak about the Business Crime which

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    Business Law

    Singapore Management University AY 2013-14 Term 2 Final Examination Date / Start Time | 21 Apr 2014 / 8.30am | Course | LGST 101 – Business Law | Group | G7 | Instructor | Assoc Prof Low Kee Yang | INSTRUCTIONS TO CANDIDATES 1 The time allocated for this examination paper is 2 hours, of which the first 15 minutes is reading time. Do not write on the answer booklet during reading time. 2 This examination paper has 1 question and comprises

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    Business Law

    TABL 1710, BUSINESS AND THE LAW SAMPLE LEGAL PROBLEM QUESTION AND SAMPLE ANSWER NOTE: • The sample question and answer are based on a previous problem question. • The sample question and answer are purely intended as a GUIDE TO THE STYLE OF WRITING answers to legal problem questions. • Do NOT use the content of this answer for your assignment as the facts and issues in this problem are different to those in the assignment question. • Do not try to learn the content of

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    Business Law

    Appeal from state supreme courts to the United States Supreme Court is possible only if a federal question is involved. The United States Supreme Court is the highest court in the federal court system and the final arbiter of the Constitution and federal law. Clarkson 12e Ch31_605-622.indd 609 198 U N I T T WO TORTS AN D C R I M ES 9–2. Property Crimes Which, if any, of the following crimes necessarily involves illegal activity on the part of more than one person? (a) Bribery (b) Forgery (c) Embezzlement

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    Business Law

    Week 3 Chapter 22.10 Referring to the mortgage in the note makes it to be non-negotiable. Holly Hill acres, Ltd. committed themselves to pay Rogers and Blythe through a promissory note and purchase money mortgage. This implies that whereas Charter Bank did not deal directly with Holly Hill acres, Ltd., they had every right to sue them since Rogers and Blythe effectively committed to pay the loan and offered Holly Hill’s promissory note as collateral. (Daniel F. Hinkel, 2008)

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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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    Law 421 Chapter Notes

    Source of information: THE LEGAL ENVIRONMENT OF BUSINESS: A MANAGERIAL APPROACH: THEORY TO PRACTICE. Published by McGraw-Hill/Irwin, a business unit of The McGraw-Hill Companies, Inc., 1221 Avenue of the Americas, New York, NY, 10020. Copyright © 2011 by The McGraw-Hill Companies, Inc. All rights reserved. ————— Chapter 1: LEGAL FOUNDATIONS My interpretation of law is that these are legally-backed rules of action and conduct that have been created to promote and protect the moral and ethical

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    Business Law

    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 in each other which is also referred as fiduciary relationship. Section 29 of partnership act states that the terms of the partnership may be varied by consent which also displaces the common law rule that a written contract cannot be varied except in writing. In this case, there is no evidence

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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 Notes

    Statutory Interpretation (not examinable) • Literal Rule There are three (3) principles of law that can be applied to interpret the law, where the Literal rule can be applied and if absurdity exist either the Golden or the Mischief rule can be used. The Literal rule considers the law as what it says where the natural meaning of the words are used for interpretation; this can be depicted in the case Regina v Barrymore where the defendant was charged with the offence of wounding with

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    Law 122 Notes

    Week 1- Law 122 : Why study law  1. Business decisions have legal consequences which affect profits and losses:  * Some decisions impose liability, others create opportunities   * Negative: dumping pollutants into environment   * Positive: binding contractual party to promise   2. Risk mgmt. tool: Law sets the framework for risk, it gives you tools to manage the risk  * Ex. Insurance, exclusion and limitation clauses, incorporation     Dimensions of course   1.

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    Business Law

    contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. Two or more persons may also form a partnership for the exercise of a profession. (1665a). y NOMINATE There is a name given by the law Contract of Partnership: CONSENSUAL (meaning it is perfected by both parties) y PERSONS Includes not only natural persons but also JURIDICAL persons. A corporation may NOT be a partner but it may engage in JOINT VENTURES. y BIND THEMSELVES Must

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    International Humanitarian Law Notes

    International Humanitarian Law – jus in bello 1. Geneva Conventions The law in this area is covered by the four Geneva Conventions, signed in 1949 after the atrocities of WW2 and two additional protocols signed in 1977. 1. Geneva Convention on the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (GC I) 2. Geneva Convention on the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (GC II) 3. Geneva Convention

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    Business Law

    Environment Answers to Learning Objectives/ For Review Questions at the Beginning and THE END OF THE CHAPTER NOTE THAT YOUR STUDENTS CAN FIND THE ANSWERS TO THE EVEN-NUMBERED FOR REVIEW QUESTIONS ON THIS TEXT’S WEB SITE AT WWW.CENGAGE.COM/BLAW/BLT. WE 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

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