BUSN370 Regent Biblical Perspective Of Property Ownership Assignment

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Utilizing the information to this point in the course, as well as significant outside scholarly material, write a paper from a biblical worldview perspective that discusses the legal concepts of property ownership and how God’s mandate of mankind’s dominion over the earth informs it.

Compose the research paper in accordance with APA standards and cite a minimum of five (5) scholarly peer reviewed sources (in addition to your textbook and the Bible) as references, as well as multiple biblical references (word count range 1200-1400 words).

What is covered in the reading -

  1. Liuzzo, A. L., & Hughes, R. C. (2019). Essentials of Business Law (10th ed.). New York, NY: McGraw Hill Education.
    1. Chapter 1, Our System of Law;
    2. Chapter 5, Constitutional Law;
    3. Chapter 6, Administrative Law;
    4. Chapter 36, International Business Law; and
  2. Exodus 18:13-26 (Court Structure); Romans 13:1-2, 4-5 (Ordained Authority).
  3. Liuzzo, A. L., & Hughes, R. C. (2019). Essentials of Business Law (10th ed.). New York, NY: McGraw Hill Education:
    1. Chapter 16, Transfer of Title;
    2. Chapter 24, Real and Personal Property;
    3. Chapter 25, Bailments;
    4. Chapter 26, Landlord-Tenant Relations;
    5. Chapter 27, Wills, Intestacy, and Trusts; and
  4. Gen. 1:26-30; Psalm 24:1, 115:15-16 (Creation Mandate and Dominion).

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Chapter 5 Constitutional Law ©2019 McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. The United States Constitution The U.S. Constitution (1789), although relatively brief, forms the basis for all American law. Each of the following must be consistent with the U.S. Constitution: • • • • • All federal statutes enacted by Congress All state statutes enacted by state legislatures All ordinances enacted by local municipalities All administrative laws and decisions Every court decision in every case in every jurisdiction ©2019 McGraw-Hill Education. 5-2 Constitutional Powers Both the federal government and the fifty states’ governments have the power (under certain conditions) to regulate citizens who reside within their jurisdictions. • Also, each state has its own state constitution This system of government is known as federalism. The federal Constitution and state constitutions confer two types of powers on the governments: • Express powers • Implied powers ©2019 McGraw-Hill Education. 5-3 Express and Implied Powers Express powers are those that are specifically stated in constitutions. • Example: The U.S. Constitution grants the federal government the explicit power to raise an army and to impose taxes. (Article I Powers) Implied powers are those that have arisen as a result of interpretation of the express powers by the courts. • Example: The federal Constitution gives Congress the implied power to create an agency to explore outer space. ©2019 McGraw-Hill Education. 5-4 Constitutional Amendments (1) Amendments to the Constitution were necessary to address changing needs of the country and its people in the years following the drafting of the original document. (Article V) The Constitution has been amended, or changed, 27 times, and it will probably continue to be amended. • However, the amendment process in an onerous one. ©2019 McGraw-Hill Education. 5-5 Constitutional Amendments (2) Each amendment must be proposed by a twothirds vote of Congress and ratified, or approved, by the legislatures of three-fourths of the 50 states. It is also possible for an amendment to be initiated by states. The first ten amendments are referred to as the Bill of Rights (Known as “fundamental rights”). ©2019 McGraw-Hill Education. 5-6 Judicial Review Federal and state courts have the power to determine whether laws enacted by legislatures or decisions made by lower courts violate the Constitution. If a court decides a law is contrary to the Constitution, the law may be declared unconstitutional and, invalid. The process of deciding if a law is contrary to the Constitution is known as judicial review. ©2019 McGraw-Hill Education. 5-7 The Doctrine of Preemption If a state or local law is inconsistent with the federal law, the state or local law may be declared unconstitutional, and federal law must be followed. This is known as doctrine of preemption; federal law preempts, or supersedes, the state law. • This doctrine only applies in instances where the law in question pertains to a power that the Constitution has expressly or implicitly granted to Congress. ©2019 McGraw-Hill Education. 5-8 The Commerce Clause (1) This clause grants Congress the power to regulate commerce among states in order to prevent the restriction of trade activity. Article I, Sec. 8, Clause 3 Courts have held the term commerce, as used in the Constitution, is defined as the movement or exchange of persons, goods, or information across state lines. ©2019 McGraw-Hill Education. 5-9 The Commerce Clause (2) The commerce clause creates one of the most fundamental powers in the Constitution. • Some judges and legal scholars take a broad and expansive view of this clause. • Others are strict constructionists, maintaining many of the matters Congress now legislates would be more appropriately left to the states. ©2019 McGraw-Hill Education. 5-10 The Full Faith and Credit Clause (1) The full faith and credit clause reads as follows: • “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” Article IV, Section 1 This clause mandates each state respect and enforce both the judgments awarded by courts in other states, and the laws and case law of other states ©2019 McGraw-Hill Education. 5-11 The Full Faith and Credit Clause (2) The Supreme Court has made a distinction in the level of the respect that must afforded each state’s laws. • A great deal of respect must be given to judgments awarded by courts in other states; • A lower level of respect must be given to another state’s statutes and case law. Example: A handful of states provide that individuals may make personal use of marijuana, while other states ban it. However a citizen of a state that allows its use, may not use or possess marijuana while in a state where its possession and use is illegal. Here the full faith and credit clause does not apply. ©2019 McGraw-Hill Education. 5-12 The Supremacy Clause This clause requires state judges to follow federal law in the event of a conflict with state law. • Under this clause, the provisions of U.S. treaties supersede any conflicting state regulations. According to the supremacy clause, a Supreme Court ruling that involves a constitutional issue is binding upon all state courts. Article IV, Section 2 ©2019 McGraw-Hill Education. 5-13 The First Amendment (1) Four important parts of this Amendment are: • The Establishment and Free Exercise Clauses Relating to Religion • Freedom of Speech • Freedom of the Press • Freedom of Association (Assembly) ©2019 McGraw-Hill Education. 5-14 The First Amendment (2) The Establishment and Free Exercise Clauses Relating to Religion The First Amendment right to freedom of religion is divided into two interconnected pieces: • (1) the establishment clause, (2) the free exercise clause. The establishment clause makes it unconstitutional for government to recognize a single national religion, or to create policies or practices that favor one religion over another. The free exercise clause requires government not interfere with an individual’s practicing the religion of his or her choice. ©2019 McGraw-Hill Education. 5-15 The First Amendment (3) Freedom of Speech The First Amendment’s freedom of speech clause provides Americans with a fundamental right. While individuals have the right to freedom of political or religious speech, this right is guarded most zealously when speech is unpopular, upsetting, ignorant, or even anger-provoking. Speech that is sexist, racist, ageist, or otherwise offensive is also protected. • Example: The act of burning an American flag is considered protected speech and laws prohibiting such are unconstitutional. ©2019 McGraw-Hill Education. 5-16 The First Amendment (4) Freedom of Speech All speech is not protected under the First Amendment. The following are examples of speech that may constitutionally be limited or silenced: • • • • • • Speech that incites imminent danger Child pornography Speech that is legally obscene Speech that threatens physical harm Speech that is defamatory, including both slander and libel Interference with works protected by trademark, patent, or copyright law • Commercial speech, such as deceptive advertising ©2019 McGraw-Hill Education. 5-17 The First Amendment (5) Freedom of the Press It is unconstitutional for governments to pass a law limiting what a journalist could write or say about a political candidate or issue. However, not all laws pertaining to the news media are unconstitutional. • Example: It is constitutionally acceptable for government to tax newspapers. ©2019 McGraw-Hill Education. 5-18 The First Amendment (6) Freedom of Association (Assembly) Citizens and businesses have the right to associate with groups to petition the government to address grievances. This includes organizing for political or business purposes, such as Chambers of Commerce, Environmental Groups, civil rights groups, etc. Assembly and association must be peaceful. ©2019 McGraw-Hill Education. 5-19 The Second Amendment This Amendment provides Americans with the “right to bear arms.” Generally, this term has been interpreted to mean “to carry firearms.” The Supreme Court decisions clarify this is a fundamental individual right of private citizens. The right to bear arms is not unlimited, however. • The fire power of certain type modern weapons exceed that of those when the Constitution was drafted and are restricted by the federal Gun Act of 1934. • Convicted criminals may not own guns. ©2019 McGraw-Hill Education. 5-20 The Fourth Amendment The Fourth Amendment requires police officers and government officials (but not private citizens) to have probable cause in order to be able to conduct a personal or property search. Probable cause is defined as a reasonable belief by a prudent law enforcement officer that a suspect has committed, is committing, or about to commit a crime. A judge issues a warrant giving the officer authority to conduct a search. • All other unreasonable searches and seizures are unconstitutional and invalid. • Example: A detention of longer than 48 hours after a criminal arrest ©2019 McGraw-Hill Education. 5-21 Example: The Fourth Amendment Facts: • A police chief, concerned that police officers were using their text pagers mostly for personal messages, decided to read some of them. • The chief discovered most of the messages sent by one of the officers were personal in nature. • After learning his messages had been read, the officer sued both the chief and city, claiming that this action violated the Fourth Amendment Because the search by the police chief was motivated by a legitimate work-related purpose and because it was on a city owned device, the Supreme Court ruled the search to be reasonable. (City of Ontario v. Quon, 2010) ©2019 McGraw-Hill Education. 5-22 The Fifth Amendment (1) The Fifth Amendment contains four distinct protections from governmental actions. • Double Jeopardy – the Fifth Amendment does not allow a court to try a criminal defendant more than once for the same offense. • Self Incrimination – the Fifth Amendment provides individuals with the right to refuse to divulge information to police or in court that could be used against them in a criminal proceeding. This is applicable to any federal or state legal proceeding. ©2019 McGraw-Hill Education. 5-23 The Fifth Amendment (2) Due Process – the Fifth Amendment requires that all persons be granted both procedural and substantive due process. • Procedural Due Process mandates all persons affected by a legal proceeding receive notice of its subject matter, time, and place and that these proceedings be conducted by a judge (or jury) who is fair and impartial. • Substantive Due Process mandates government not unreasonably interfere with an individual’s life, liberty, or property rights. Eminent Domain – the Fifth Amendment permits the government to take private property, both real and personal, for a public purpose so long as the owner receives just compensation. ©2019 McGraw-Hill Education. 5-24 The Eighth Amendment (1) The Eighth Amendment restricts both the severity and types of punishments that may be imposed by federal and state governments. The Supreme Court has ruled punishments must be proportionate to the crime committed. The following are examples of punishments prohibited under the Eighth Amendment: • • • • A person convicted of armed robbery is sentenced to death. A person convicted of shoplifting is sentenced to life in prison. A minor is sentenced to life in prison for stealing a car. A person convicted of assault and battery is sentenced to death. ©2019 McGraw-Hill Education. 5-25 The Eighth Amendment (2) This amendment prohibits certain barbarous types of punishment, such as burning at the stake, regardless of the type of crime committed. In addition, the Eighth Amendment mandates people accused or convicted of crimes are not to be subjected to excessive bail. • However, the Supreme Court has ruled that in extreme cases a court may deny bail altogether. The Eighth Amendment prevents government from imposing an unjustly harsh fine on a person convicted of a crime. • Grossly disproportionate fines may be overturned. ©2019 McGraw-Hill Education. 5-26 The Fourteenth Amendment (1868) Under the 14th Amendment, it is unconstitutional for a state to deny any citizen due process. The Fourteenth Amendment also provides when states pass laws, they must treat all individuals equally (Equal Protection Clause) Laws that do not treat all persons equally are unconstitutional unless the state can prove the laws pass one of the following tests: (1) rational basis, (2) intermediate scrutiny, or (3) strict scrutiny. ©2019 McGraw-Hill Education. 5-27 The Fourteenth Amendment (1) The rational basis test is a standard measuring whether the state had a reasonable, and not an arbitrary, basis for enacting a particular law or regulation. • Used if the law places restrictions on economic or property interests, or if the law discriminates on a basis other than race, sex, religion, national origin, and other related categories The intermediate scrutiny test is a standard measuring whether a particular statute is substantially related to an important government interest or objective and is the least option to accomplish that interest (Central Hudson Test) • Used if the law discriminates on the basis of sex, or if the law restricts commercial speech ©2019 McGraw-Hill Education. 5-28 The Fourteenth Amendment (2) The strict scrutiny test is the highest standard used when a law infringes on a “fundamental right” such as free speech, press, religion, and the like. It determines whether the legislature had a compelling state interest for enacting a particular statute. • Used if the law discriminates on the basis of race or national origin, or if the law infringes on a fundamental constitutional right ©2019 McGraw-Hill Education. 5-29 The Sixteenth Amendment (1913) The Sixteenth Amendment granted the federal government power to impose and collect a tax on individuals’ incomes. The Internal Revenue Service (IRS) is a federal agency established by Congress and empowered with administering and collecting federal income tax under the Sixteenth Amendment and other federal tax laws. • The IRS engages in the creation of tax regulations, reporting, enforcement of tax laws and regulations, and improving taxpayers’ understanding/compliance. ©2019 McGraw-Hill Education. 5-30 Chapter 6 Administrative Law ©2019 McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Administrative Agencies An administrative agency is a governmental body responsible for the regulation and supervision of a particular activity or area of public interest. Legislatures lack time and expertise to: • • Make necessary rules to govern operations of complex areas of our social and economic life. Supervise the many details of complex areas on a daily basis. Legislatures delegate these tasks to administrative agencies, or, regulators. ©2019 McGraw-Hill Education. 6-2 Organization of Governments Our traditional constitutional governments operate at federal, state and local levels. Each level of government has three branches: • Legislative • Executive • Judicial Each branch has specific duties and powers. ©2019 McGraw-Hill Education. 6-3 Legislative Branch The legislative branch at all levels of government consists of elected representatives who have responsibility for passing laws representing the will of the people. • At the federal level, the two houses of Congress are: • House of Representatives • Senate • At the state level, the legislative branch is often called the general assembly. • It consists of two houses (except in Nebraska). • At the local level, the legislative branch is often called a city or a county council (or similar name). ©2019 McGraw-Hill Education. 6-4 Executive Branch The executive branch at all levels of government ensures all enacted legislation is implemented or enforced. • Federal level: Executive branch is headed by the president. • State level: Executive is the governor. • Local level: Executive is the mayor, county executive (or individual with similar title). ©2019 McGraw-Hill Education. 6-5 Judicial Branch The judicial branch of government determines if there have been violations of law. It also interprets law as to questions about what the law means in particular situations. • Federal level: District courts, appeals courts, and the U.S. Supreme Court. • State level: Several levels of courts including trial courts, appeals courts, and a supreme court. • Local level: Municipal courts, justice-of-the-peace courts, and magistrate courts. ©2019 McGraw-Hill Education. 6-6 Functions of Administrative Agencies Regulating conduct • Price, entry into a particular geographical area, or entry into a particular kind of business. Satisfying government requirements • Collection of taxes and revenues through various licensing laws. Disbursing benefits • Subsidies and benefits of various kinds to farmers, persons in need of public assistance, students, unemployed, and elderly. Providing goods and services • Electricity, water, sewer, highway maintenance, hospital care, and public housing. ©2019 McGraw-Hill Education. 6-7 Formation of an Administrative Agency (1) 6-8 An administrative agency might be formed to protect the public from certain behaviors. • Example: From unlawful or deceptive businesses. (Federal Trade Commission) The agency would implement law passed by the city council, to ensure that the businesses comply. (City Housing Administration) If the businesses violate law or fail to correct problems, their business license could be revoked by the agency and business could be closed. • Generally, before such measures are taken, business owners are issued a subpoena, or an order requiring the recipient to appear at a hearing to account for the actions. ©2019 McGraw-Hill Education. Formation of an Administrative Agency (2) 6-9 To comply with the subpoena, the merchant must attend a hearing at a specified time and place to answer an agency inspector’s complaints. Businesses are entitled to Due Process. • An Administrative Hearing – is a trial-like judicial proceeding without a jury, in which an administrative agency decides on matters of regulation or law for which the agency is charged with enforcement. ©2019 McGraw-Hill Education. Similarities between Administrative Agencies and Governments Executive Function: • Daily operation of the agency and establishment of policies and objectives. Legislative Function: • Rules and regulations resemble laws passed by a legislature. Must comply with constitutions and statutes Judicial Function: • Holds hearings and oversees compliance with decisions. ©2019 McGraw-Hill Education. 6-10 Differences between Administrative Agencies and Governments Executive Function Voters have the opportunity to vote the executive into and out of office. Voters normally do not elect the administrator of a regulatory agency There are two general patterns in executive organization of an administrative agency. • the executive is appointed by and serves at the discretion of the elected executive of the government subject to approval by the legislature. These executives may be removed from office either with or without cause. • Congress has created agencies outside the executive branch headed by individuals. Such boards or commissions carry out agency executive functions. Once appointed to multiyear terms, members may not be removed by the president without cause (or may be impeached by Congress). ©2019 McGraw-Hill Education. 6-11 Differences between Administrative Agencies and Governments (1) Legislative Function Rules and regulations are established by the agency, not by elected representatives. • Congress has the power to review and override unjust rules The voter does not have direct control. Administrators are usually appointed by the executive with advice and consent of the legislature. • This practice gives the public some indirect control over the operations of administrative agencies. • After administrators have been approved, it is generally difficult to remove them. • The only recourse is to bring pressure on the executive or legislative branch to change the agency or to remove the administrator. ©2019 McGraw-Hill Education. 6-12 Differences between Administrative Agencies and Governments (2) Judicial Function Hearings conducted by an administrative agency do not have a jury. Procedures are not as formal, compared to a regular court hearing. The “administrative law judge” at agency hearing may not entirely impartial. Determinations reached at a hearing by an administrative agency may be appealed through the regular court system. ©2019 McGraw-Hill Education. 6-13 Differences between Administrative Agencies and Governments (3) Judicial Function There was an early debate over whether a legislature could delegate to an administrative agency authority to function as judge in certain matters • This question was largely settled in the case of Crowell v. Benson, 285 U.S. 22 (1932). The Supreme Court decided an administrative agency does have such authority. • The Court has set some limitations by 2-part test in Chevron v. Natural Resources Defense Council, 467 U.S. 837 (1984). ©2019 McGraw-Hill Education. 6-14 Criticism of Administrative Agencies Some critics allege certain administrative agencies have been “captured” by the industries they were created to regulate. Due to economic benefits or costs agencies can bestow on a firm or industry, those regulated have powerful incentives to secure favorable rulings. The need for specialized expertise in a given area can often come only from the regulated industry itself. ©2019 McGraw-Hill Education. 6-15 Chapter 36 International Business Law ©2019 McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Global Business Need for international law arose from factors such as: • • • • • Increasing volume of international trade and tourism. Globalization of marketplace. Growing incidence of multinational business organizations. Cultural exchanges. Impact of commercial technology. English as language of business is increasing, BUT.. cultural differences, disparate legal systems, and changing monetary exchange rates remain major obstacles to business internationally. ©2019 McGraw-Hill Education. 36-2 What Is International Law? International law: Broad study of legal systems of major countries, treaties, practices, tariffs and nontariff trade barriers in import and export. Study of international law includes national and international organizations regulating personal and commercial activity that facilitate international trade. ©2019 McGraw-Hill Education. 36-3 36-4 Sources of International Law (1) International laws result from historic trading relationships among nations. Efforts to negotiate peaceful solutions to international disputes culminated in formation of the League of Nations following World War I. • The League was short-lived and failed to prevent another war. • United Nations: After World War II, world’s nations organized a forum for peaceful negotiations that has evolved into functions such as: • International Labour Organization (IL), Food and Agriculture Organization (FAO), and the General Agreement on Tariffs and Trade (GATT). ©2019 McGraw-Hill Education. Sources of International Law (2) Practices and treaties are major sources of international law, and are recognized in the Statute of the International Court of Justice (The Hague, Netherlands). U.S Constitution (Article II) states treaties are negotiated by the President and must be ratified by two-thirds of the Senate present. ©2019 McGraw-Hill Education. 36-5 Applying Other Countries’ Laws Doctrine of Comity: Major legal principle involved in international law which holds the courts of one country should refrain from deciding cases involving acts of persons from another country. • The doctrine is discretionary, and courts of individual countries decide whether or not to apply it based on facts of each case. ©2019 McGraw-Hill Education. 36-6 International Trade Institutions Trade among nations remains a vital ingredient to the economic health of the world’s population. • Nations are sovereign, create and interpret their own laws. Goal is that trade should be governed by transnational institutions, whose purpose is to maintain legal and economic order in trade. Transnational institutions are established contractually by several countries that agree to be legally bound by rules of the organization. • Example: International Air Transport Association (IATA). ©2019 McGraw-Hill Education. 36-7 World Trade Organization (WTO) General Agreement on Tariffs and Trade (GATT) (1947) was entered into by a number of nations. • GATT provided rules to ensure no discrimination in trade and process for resolving international trade disputes. World Trade Organization (WTO) (1995), tariffs had become less commonplace, most nations recognize GATT was no longer sufficient, thus formed WTO. • WTO is responsible for overseeing implementation of all multinational trade agreements negotiated now or in future. • WTO (in addition to GATT) has authority for: • GATS: The General Agreement on Trade in Services. • TRIPS: Agreements on trade-related aspects of intellectual property rights. • TRIMS: Trade-Related Investment Measures. ©2019 McGraw-Hill Education. 36-8 International Monetary Fund (IMF) International Monetary Fund (IMF)(1944): established to maintain a stable environment for economies and currencies of members by providing protection against large fluctuations in value of one currency to another. IMF has generally performed its job well, BUT IMF has come under great pressure due to various economic downturns in several nations. • IMF is criticized for failing to respond adequately to economic challenges created in the early 1990s, subsequent to the dissolution of the Soviet Union, and heavy borrowing by developing countries during the mid-1990s. ©2019 McGraw-Hill Education. 36-9 World Bank 36-10 World Bank (1944): to provide relief to countries suffering from World War II, International Bank for Reconstruction and Development was created, which is now the World Bank. • World Bank works closely with IMF to ensure developing countries have access to funds to stimulate their economies. World Bank has come under a great deal of criticism for: • Providing funds to countries with corrupt regimes squandering funds rather than provide real relief to their economies. • Providing funds to developing countries, but without showing of major improvements in these economies. ©2019 McGraw-Hill Education. Regional Trade Organizations and Agreements North American Free Trade Agreement (NAFTA). • Established to promote trade among United States, Canada, and Mexico. Focus of NAFTA is strictly on economic trade, rather than on political interrelationships among the three countries. • NAFTA provides: • NAFTA countries will ensure none of their national or local laws discriminates against goods of the other countries. • Each country will have greater market access within the borders of the others. • Some tariffs, import and export restrictions will be eliminated. ©2019 McGraw-Hill Education. 36-11 European Union (EU) European Union (EU)(1994), 12 countries in Europe formed what eventually was to become “Euroland,” an economic and political integration of members into one entity. • The European Union (EU) established a legal and political relationship among its members promoting economic growth, social and cultural affiliations. • For example, the EU created a common currency the Euro (€). The EU is comprised of 28 independent sovereign countries known as member states. • There are five official candidate countries: Iceland, Montenegro, Republic of Macedonia, Serbia, and Turkey. The United Kingdom recently voted to exit the EU, the first to do so (2017). ©2019 McGraw-Hill Education. 36-12 International Legal Environment Companies conduct business in several countries face challenge of having to comply with a variety of legal systems that at times conflict with one another. United States requires foreign firms conducting business in U.S. comply with all regulations that govern American companies. Many U.S. companies doing business internationally face challenge of adapting to local customs and practices. ©2019 McGraw-Hill Education. 36-13 Example: International Legal Environment (1) Facts: • Johnson Corp., a U.S. firm, entered into a contract with Li Company, a Chinese firm, where Li Company agreed to manufacture designer handbags for distribution. • After it began selling the manufactured handbags, Johnson Corp. learned Li Company did not obtain necessary permission from the designer of the handbags, who owned the trademark. Regardless of the law in China, Johnson Corp. would be liable for trademark infringement, and for crime of counterfeiting in the United States, unless they cease selling the handbags bearing the designer’s logo. ©2019 McGraw-Hill Education. 36-14 Example: International Legal Environment (2) Facts: • Smirdorf, Inc., a Romanian automobile manufacturing company, is opening a plant in the United States. Smirdorf will be required to follow all Environmental Protection Agency regulations pertaining to emissions; all National Labor Relations Board regulations pertaining to employees’ right to join unions; and all Occupational Safety and Health Administration regulations pertaining to employee accident and sickness prevention and all local and state laws, even though it is a company with Romanian origin. ©2019 McGraw-Hill Education. 36-15 Trade Sanctions and Embargoes Many governments place legal restrictions on trade to achieve desired political results. Trade sanction: Laws prohibiting trade with specific countries, sometimes referred to as embargoes. • These national activities are acceptable under international law and are incorporated in the United Nations charter. • UN Charter expressly allows trade sanctions and embargoes by regional organizations, for example Organization of American States, Organization for African Unity, and EU. ©2019 McGraw-Hill Education. 36-16 Export and Import Controls Tariff: A tax, or other restriction, on imports or exports to attain revenue and economic results, such as protecting domestic industries or facilitating production of certain crops. Export licenses may be used as an adjunct to national security. Quota Systems: Countries, to maintain a positive balance of trade (that is, the number of dollars of exports exceeds that of imports), place restrictions on the numbers and kinds of products that may enter their nation. ©2019 McGraw-Hill Education. 36-17 Governmental Actions Many governments attempt to maintain control over actions of foreign businesses operating within the host country by controlling ownership of foreign company assets. Government Actions can take three forms: • Expropriation: Act of host country’s taking title to all assets of the foreign company. • Confiscation: Host country’s taking title, involuntarily, to all the assets of the foreign company. • Domestication: Host country mandates at least partial ownership of foreign company be sold to local citizens or companies prior to foreign company’s conducting business in the host country. ©2019 McGraw-Hill Education. 36-18 Boycotts Boycott: When individuals refuse to purchase goods made by businesses located in other countries. This action may or may not be supported by the government. • Example: Morandim Corporation, a Canadian company, manufactures chemicals and regularly sells these to firms in the Middle East. Several of its Arabic customers, organized a boycott and now refuse to purchase Morandim chemicals unless the company agrees to provide written documentation that it does not conduct business with firms in Israel. ©2019 McGraw-Hill Education. 36-19 Doing Business in Foreign Countries Organizations that decide to conduct business in foreign countries must follow numerous laws and regulations. These include: • Foreign Corrupt Practices Act (FCPA); • Treaty relating to Contracts for the International Sale of Goods (CISG); and • Foreign Sovereign Immunities Act (FSIA). ©2019 McGraw-Hill Education. 36-20 Foreign Corrupt Practices Act (1977) Bribery: some countries allow acceptable and expected payments made to individuals to secure their business. • In the United States, however, this type of activity amounts to bribery, which is both illegal and ethically unacceptable. Foreign Corrupt Practices Act (FCPA), a federal law established rules and restrictions for executives of American companies relating to paying persons in foreign countries to expedite business. • FCPA has helped executives recognize what is and what is not acceptable conduct for U.S. firms, irrespective of acceptable ethical standards in the foreign country. • FCPA makes it unlawful to bribe foreign government officials to obtain or retain business. ©2019 McGraw-Hill Education. 36-21 Contracts for International Sale of Goods United Nations Convention on Contracts for the International Sale of Goods (CISG) was a United Nations treaty drafted to establish a universal set of legal procedures applied to contracts covering international transactions. Countries signing the treaty are bound to terms of CISG. Since the United States has ratified this treaty, the CISG supersedes the provisions of the Uniform Commercial Code (UCC) in certain cases. ©2019 McGraw-Hill Education. 36-22 Foreign Sovereign Immunities Act 36-23 Foreign Sovereign Immunities Act (FSIA) (1976), federal law, established certain immunity of a foreign sovereign to lawsuits in U.S. courts for acts occurring after 1976. A U.S. court may allow a lawsuit against a foreign sovereign nation to proceed provided plaintiff can prove the foreign nation engaged in commercial activity: • Occurred in the U.S. in connection with foreign activity; • Occurred outside the U.S. caused a direct effect on U.S. commerce; • Involved antitrust actions; expropriation, terrorism, or torture; or other torts committed in the U.S. ©2019 McGraw-Hill Education. International Law and Intellectual Property Intellectual property: Includes both artistic and industrial property rights. • Copyrights, patents, design rights and trademarks are principal areas covered. • Related to these rights is industrial “know-how” or technology. World Intellectual Property Organization (WIPO): Specialized agency of United Nations; that administers treaties concerning protection of intellectual property rights. • WIPO announced formation of a center for arbitration of disputes involving intellectual property rights. ©2019 McGraw-Hill Education. 36-24 Intellectual Property (1) Copyrights • Copyrights protect authors or creators of literary, artistic, or musical works and computer programs. • Copyright laws prohibit reproduction or alteration of an author’s work without their permission. • Copyrighted materials given at least minimal protection in most countries. Patents • Patents are a legal monopoly granted by a nation to inventors for a fixed period of years. Manufacturing, using, or selling a patented product without permission from the inventor is illegal. • A U.S. firm may take advantage of world markets by licensing foreign firms to manufacture a patented product or use an innovative manufacturing process in manufacture of a product. ©2019 McGraw-Hill Education. 36-25 Intellectual Property (2) Trademarks • Trademarks, trade names, service marks, and certification marks are valuable tools used by businesses to identify their products and services. • Treatment of trademarks in international commerce does not greatly differ from domestic law. • Trademarks are viewed as property and may be transferred or licensed to others. • Foreign licensees must meet certain product quality requirements so the use of the mark does not deceive consumers or decrease value of the mark to owners. ©2019 McGraw-Hill Education. 36-26 Chapter 1 Our System of Law ©2019 McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. 1-2 The Law in Our World Justice and law are hallmarks of a free society in today’s world. Attorneys seek favorable outcomes for their clients (plaintiffs or defendants): • Plaintiff: Person who brings a lawsuit against another • Defendant: Person against whom a lawsuit is brought or a violation of law is charged. ©2019 McGraw-Hill Education. 1-3 Applications of Law Laws apply to all persons, institutions and organizations: • Personal Applications of Law • Example: Traffic laws, Taxes • Business Applications of Law • Example: Product Liability, Employment issues • Government Applications of Law • Example: Building roads, schools ©2019 McGraw-Hill Education. 1-4 Sources of Law The body of law affecting persons in our country is derived from: • • • • • • • • Constitutional Law Executive Orders Treaties Common Law Precedent Case Law Statutory Law Administrative Law ©2019 McGraw-Hill Education. 1-5 Constitutional Law Principles and ideals protecting individual liberty and freedom are incorporated in the Constitution of the United States (federal Constitution). Also, each state has its own constitution establishing certain powers to its various levels of government, and, provide safeguards for the rights of individuals within the particular state. ©2019 McGraw-Hill Education. 1-6 Executive Orders An executive order is a legally binding directive to agencies of the federal government issued by the President to implement policy and improve government operations. Executive orders alter the manner in which federal agencies and officials operate. • Example: 1863, President Lincoln ordered all those enslaved to be forever free under the Emancipation Proclamation. ©2019 McGraw-Hill Education. 1-7 Treaties A treaty is a written agreement among two or more countries that establishes the terms of an international relationship. Treaties become legally binding to the U.S. when approved by 2/3’s of the Senate. ©2019 McGraw-Hill Education. 1-8 Common Law After the Revolutionary War, the United States adopted English system of laws used for centuries known as the common law; still influences legal decisions today. Common law incorporates the practice of stare decisis, (“to stand on decided cases”) when relying on previous legal decisions of similar disputes. ©2019 McGraw-Hill Education. 1-9 Precedent A precedent is a court decision on which later courts rely in similar cases. Whether a court follows or overrules a precedent depends on: • The court that ruled on the case. • Whether or not the previous case was decided by a state’s highest court. • Higher court’s review based on substantial changes in society and circumstances ©2019 McGraw-Hill Education. 1-10 Case Law Case Law • At times a statute or a common law precedent is difficult to apply to certain cases. • In such cases, a court may disregard earlier interpretations of a statute, a principle of common law, or, interpret them differently. • A court’s decision in these cases becomes new precedent influencing future like cases. ©2019 McGraw-Hill Education. 1-11 Statutory Law Statutory Law • Field of law that deals with statutes—laws passed by Congress or state legislatures. • Statutes provide specific applications of powers and rights in federal and state constitutions. • Statutes allow governments to respond to particular public policy issues. • Ordinance: A law is passed by a local government, such as a city council. ©2019 McGraw-Hill Education. 1-12 Administrative Law Administrative agencies are created by federal, state, or local legislatures to develop and enforce rules based on law. Administrative Law is the body of rules, regulations, and decisions created by agencies under particular statutes. Administrative agencies reduce need for police and courts to establish and enforce regulations on highly technical or specialized matters. ©2019 McGraw-Hill Education. 1-13 Uniform Commercial Code The Uniform Commercial Code was established (1952) by the National Conference of Commissioners on Uniform State Laws. UCC exists to promote effective commerce across the states. The UCC is a set of laws governing commercial transactions, designed to bring uniformity to state laws. ©2019 McGraw-Hill Education. 1-14 Classifications of Law Constitutional law: The study of the federal Constitution, its interpretation by the federal courts, and its relationship to existing laws. Civil law: The study of the rights and obligations of individuals; includes the law of property, the law of contracts, and the law of torts. Criminal law: Concerned with acts against society (criminal acts) and the regulation of criminal activity. Administrative law: Concerned with the conduct of governmental administrative agencies and their regulations. International law: Concerned with the conduct of nations in their relations with other nations. ©2019 McGraw-Hill Education. 1-15 Moral Law (1) The “law” concerned with the unenforceable obligations that people have to one another. • Many legal obligations are based on moral obligations, but not all moral obligations are legally enforceable. • When moral obligations are not legally enforceable a person’s conscience is the only means of implementation. ©2019 McGraw-Hill Education. 1-16 Moral Law (2) Examples of moral law • A person who sees someone drowning has a moral obligation to attempt rescue. • A person who hears someone screaming for help in the night has a moral duty to call the police. ©2019 McGraw-Hill Education. 1-17 System of Courts There must be a means of administering the law to protect due process rights of individuals, businesses and curtail activities of wrongdoers. Courts and administrative agencies have been established to administer the law. Federal and state constitutions established a court system to ensure citizens’ rights; enforce federal and state statutes. Courts are a “check and balance” on legislative and executive branches of government. ©2019 McGraw-Hill Education. 1-18 Court Jurisdiction (1) Jurisdiction: Authority or power of a court to hear cases, as granted by a constitution or legislative act. • A court may be limited in authority over certain types of cases or geographical areas. • A court has original jurisdiction if authorized to hear and decide a case when first presented. ©2019 McGraw-Hill Education. 1-19 Court Jurisdiction (2) Appellate Jurisdiction: The power to review decisions of another court. Special Jurisdiction: Courts that are limited in authority to hear only certain kinds of cases. • Examples: family courts, traffic courts, bankruptcy courts, and tax courts. ©2019 McGraw-Hill Education. 1-20 Supreme Court (1) Article III-U.S. Constitution provides for federal courts; the Supreme Court is the highest court in the federal system. The Supreme Court is the court of original jurisdiction for certain kinds of cases such as disputes between and among states. ©2019 McGraw-Hill Education. 1-21 Supreme Court (2) The Supreme Court: • Rules on constitutionality of laws. • Hears appeals from the highest state courts. • Hears appeals from federal circuit courts of appeal. • Hears certain specific original jurisdiction cases. • Accepts only a small percentage of appeals. It has no legal obligation to review all decisions from lower courts. ©2019 McGraw-Hill Education. 1-22 Federal Courts Federal courts have original jurisdiction in cases involving federal statutes. Federal courts have original jurisdiction in Diversity of Citizenship cases, that is parties are citizens of different states and amount involved is greater than $75,000. Federal courts also include specialized courts hearing only specific subject cases (examples: U.S. Tax Court, Bankruptcy Court, and U.S. Court of Claims). ©2019 McGraw-Hill Education. 1-23 State Courts State Courts: Each state establishes its own court structure • General trial courts: courts of original jurisdiction. • Handle state law cases such as breach of contracts, criminal law, & family law. • Trial courts include municipal courts handling • Traffic violations, juvenile, domestic relations. • Magistrate courts hear certain minor violations of the law or small claims ©2019 McGraw-Hill Education. Chapter 27 Wills, Intestacy, and Trusts ©2019 McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education. Will Will: also referred to as a testament, it is a person’s declaration of how they wish property to be distributed upon their death. • Primary purpose of a will is to allow an individual to designate distribution of their property after death. • Intention of the decedent is known as testamentary intent. ©2019 McGraw-Hill Education 27-2 Language of Wills (1) 27-3 Testator: Person who makes the will. Probate court: Court responsible for accepting a will that meets all legal requirements and for supervising operation of a will. Personal representative: Person responsible for settling the affairs of the decedent. Executor: If the personal representative has been named in the will, he or she is known as the executor. ©2019 McGraw-Hill Education Language of Wills (2) 27-4 Administrator: If the executor is deceased, declines to serve, is lacking in capacity or if the decedent dies without making a will, the court will appoint a personal representative. Intestate: When a person dies without a will, he or she is said to have died intestate. Heir: The term heir is broadly refers to a person who inherits property either under a will or from someone who dies intestate. Beneficiary: Individual who receives gifts of personal or real property pursuant to a will. ©2019 McGraw-Hill Education Types of Gifts under Wills (1) Legacy: Legacy is a gift of money under a will. Bequest: Gift of personal property. The two terms are often used synonymously. • A legacy or bequest is specific, identifying personal property given, or general, when it does not identify such property. • A legacy or bequest may be residuary; providing for disposition of the balance of the estate. ©2019 McGraw-Hill Education 27-5 Types of Gifts under Wills (2) Ademption: When a specific bequest of personal property is made, but the personal property is disposed of before the death of the testator. Devise: A gift of real property. Example – • Pieper drafted will leaving – • Snow blower, to brother-in-law (a specific bequest) • $25,000 to nephew (a general legacy) • Summer home to sister (a devise) • Remainder of estate to life partner (a residuary legacy). ©2019 McGraw-Hill Education 27-6 Requirement of a Valid Will A will must comply with the following legal requirements to ensure testator wishes met and no obstacles to property transfer • • • • Requirement of writing Requirement of witnesses Testamentary capacity Undue influence ©2019 McGraw-Hill Education 27-7 Requirement of Writing (1) In most cases, a will must be in writing, dated, and signed to be effective. Holographic will: A will completely handwritten. • Holographic wills have been challenged because they included some words not handwritten, such as stationary letterhead. • Like other wills, a holographic will must be signed and dated. ©2019 McGraw-Hill Education 27-8 Requirement of Writing (2) Nuncupative will: Term used for an oral will; might be valid in only most unusual circumstances (for example, where the testator was under the imminent danger of death). • A recording of a decedent’s voice, offered as a nuncupative will, would be invalid. ©2019 McGraw-Hill Education 27-9 Requirement of Witness (1) A formal, printed will must be signed by the testator and witnessed. There are no age requirements for witnesses, but they must be legally competent. • Minors may witness a will as long as they have an adequate understanding of what they are signing and could testify regarding facts related to the execution of the will. • Heirs, beneficiaries, or individuals listed in a will may not sign as witnesses in most states. ©2019 McGraw-Hill Education 27-10 Requirement of Witness (2) Number of witnesses required varies by state law. Witnesses must see testator sign the document, as they may be called upon later to attest they actually saw the testator sign. Witnesses generally must be aware the document being signed is a will. Witnesses are expected to be satisfied the testator is of sound mind at the time of signing. ©2019 McGraw-Hill Education 27-11 Testamentary Capacity (1) Testamentary Capacity: A testator must be of sound mind and legal age. • Some variation exists among the states as to minimum age. • It is essential the testator be of sound mind when the will is made, even as often happens, mental capacity may deteriorate with passing years. If it can be established the testator lacked testamentary capacity, the will is void. ©2019 McGraw-Hill Education 27-12 Testamentary Capacity (2) From a legal perspective, a testator is deemed of sound mind if he or she: • Is adequately rational to understand the act of making a will, • Realizes nature and disposition of his or her property, and • Recognizes his or her heirs. A person who suffers from mental illness may still be considered of testamentary capacity if he or she makes a will during a lucid period. ©2019 McGraw-Hill Education 27-13 Undue Influence Undue Influence: Pressure that might be applied to a testator to change his or her true wishes for disposition of property. • Undue influence may take many forms, from threats of harm to more subtle suggestions. In many cases, it is difficult for a court to decide whether the attention given to an elderly relative is undue influence or simply loving concern shown by one of the parties named in the will. ©2019 McGraw-Hill Education 27-14 Example: Undue Influence 27-15 Marley worked for Fran for 15 years. At age 60 Fran executed will leaving entire estate to Marley. Two years later Fran died. Fran’s grown children challenged will claiming Marley exercised undue influence over their mother due to confidential relationship they held. Outcome: Court held confidential relationship itself could not be deemed undue influence. Lacking evidence of undue influence, will allowed to stand and entire estate passed to Marley. ©2019 McGraw-Hill Education 27-16 Revising and Revoking Wills (1) Revisions • Revisions: Any alterations to will, such as erasures, words crossed out, or handwritten insertions usually invalidate will. • To make legal changes in will, a separate document, called a codicil is prepared to revoke, alter, or revise will. • Execution of codicil has formal requirements much like a new will. • Must be witnessed and dated. • No limit on number of codicils that may be made. ©2019 McGraw-Hill Education Revising and Revoking Wills (2) Revocations • Many wills include a statement the testator is revoking all previous wills. • Even without such a statement, the most recent will, if valid, automatically revokes all prior wills made by testator. • Revocations by operation of law, may change the disposition of gifts; may result from: • Marriage or remarriage of testator. • Divorce or annulment of a marriage. • Birth or adoption of children after will was made. ©2019 McGraw-Hill Education 27-17 27-18 Example: Revising or Revoking Wills Paul, a widower, executed a will leaving entire estate to his two children, Robert and Susan, equally. Years later Paul married, fathered three children, and struggled to make ends meet. Susan remained single and enjoyed great financial success. Paul felt Robert needed money more than Susan. To change distribution of his estate so that a greater portion goes to Robert, Paul executed a new will. ©2019 McGraw-Hill Education Intestacy Person dies intestate if they die without a will, or had will failing to meet legal requirements. • If die intestate, state law in which deceased was domiciled (where lived) governs disposition of their property, even though death may have occurred elsewhere. Laws vary by state. • Generally, a surviving spouse and children receive the entire estate. ©2019 McGraw-Hill Education 27-19 Trusts Trust: A legal device or mechanism permitting personal or real property to be held by one party, trustee, for the benefit of another, beneficiary. • Some trusts have characteristics of a will. One benefit of a trust is that it allows the legal title of property to be separated from the benefits of ownership. • In addition, creation of a trust under these circumstances may result in favorable tax treatment. ©2019 McGraw-Hill Education 27-20 Types of Trusts (1) Testamentary Trust • Type of trust created by a will. • It only becomes effective upon the death of the testator. • Names of the parties—beneficiaries and trustee—are specified in the will. ©2019 McGraw-Hill Education 27-21 Types of Trusts (2) Living Trust • Trust is established while the person (settlor) who wishes to set up the trust is still alive (also known as an inter vivos trust). • Settlor transfers legal title of property to the trust to be held for benefit of either a beneficiary or settlor himself or herself, possibly providing tax advantages to the settlor. ©2019 McGraw-Hill Education 27-22 Role of Trustee (1) Responsibility of the trustee is that of a fiduciary and is one of great responsibility. • Trustee must manage the property according to wishes of the settlor, who may be deceased. Appointment as a trustee should not be accepted unless one has the temperament, knowledge, and skills necessary to minimize the risks inherent in the trustee position. ©2019 McGraw-Hill Education 27-23 Role of Trustee (2) Typically, banks, trust companies, attorneys, and other fiduciary organizations offer professional skills in the administration of trusts. Like all other fiduciaries, a trustee has a duty of loyalty and a duty of care. ©2019 McGraw-Hill Education 27-24 Role of Trustee (3) Trustee’s Powers: Powers usually granted by law include authority and responsibility to: • Invest trust property. • Sell, exchange, or rent property. • Contract with others in matters relating to the trust. • Borrow funds using trust property as security. • Distribute income to beneficiaries. ©2019 McGraw-Hill Education 27-25 Role of Trustee (4) Trustee’s Duties: Trustee has duty to maintain appropriate records and: • Provide full accounting of the trust property. • Pay taxes. • Use good judgment in managing property, including making good investment decisions. • The trustee may purchase securities that are of very low risk and that appear on a document referred to as a legal list. ©2019 McGraw-Hill Education 27-26 Role of Trustee (5) Trustee’s Accountability: A trustee whose performance of duty in managing the trust property is called into question may be held liable unless a court rules the trustee exercised reasonable judgment. ©2019 McGraw-Hill Education 27-27
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Explanation & Answer



Biblical Perspective of Property Ownership
Institutional Affiliation




Biblical Perspective of Property Ownership
The biblical concept of human dominion was first established during creation when God
sought to make man, a superior being in His own image, upon whom he bestowed authority over
all other creations. This included the fishes of the sea and other water organisms, creatures of the
air and the animals on land (Gen. 1:26-30). This is perceived to have been a direct award by God
for people to control and own such creations. It is identified as the first foundational block of
property ownership. From a theological perspective, human beings were supposed to possess
other items as their property and use them accordingly for advancement purposes. The primary
perceived use here could have been food.
One dimension of theological argument is that all other creatures were under the
stewardship of the humankind. They could thus be organized in whatever way man deemed fit
but only to their continued existence. Human beings were to own them and perpetuate their
purpose on earth as initially intended by God during creation (Mclaughlin, 2017). Other views on
the same subject argue that such creatures and their habitats were designed to serve the needs of
the humans (Titus, n.d.). Therefore, they can be used as sources of enrichment both nutritional
and economical. Animals can be owned, eaten, traded as well as used as means to other ends
such as farming. Such differing perspectives primarily stem from the employed definition of
However, this early directive did not set grounds on individual ownership. The first
people to be created, Adam and Eve, were a couple thus functioning as a unit. Their possessions
would have been combined and used in unison. However, such an app...

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