BusinessLawClassProjectFall2013
业务外包管理办法：项目管理与工作计划
业务外包管理办法项目管理与工作计划一、引言在当今竞争激烈的商业环境中，越来越多的企业选择外包业务以降低成本和增强核心竞争力。
然而，业务外包也面临着许多挑战，其中最重要的就是项目管理和工作计划的有效实施。
本文将介绍业务外包管理的基本原则和相关的项目管理与工作计划。
二、项目管理的重要性1. 目标明确项目管理能够帮助确定项目的目标和范围，并确保所有相关方都对项目目标有清晰的了解。
2. 资源分配项目管理可以帮助确定适当的资源，并确保它们按需求进行调配，以最大程度地提高效率和效益。
3. 时间管理项目管理将确保项目各个阶段的时间安排合理，以达到最佳效果。
4. 风险管理项目管理可以帮助识别和评估项目面临的风险，并制定相应的应对策略。
5. 沟通与合作项目管理将建立一个有效的沟通和协作平台，以确保所有相关方之间的交流顺畅。
三、工作计划的重要性1. 组织工作工作计划将项目分解成可管理的任务和活动，使工作组织起来，并确保项目按计划进行。
2. 时间安排工作计划将为项目提供详细的时间安排，以确保各个任务和活动按时进行，从而确保项目进展符合预期。
3. 优先级管理工作计划将帮助确定任务的优先级，以确保资源的适当分配和利用。
4. 监控和评估工作计划可以用作监控项目进展和评估项目绩效的工具。
5. 提高效率工作计划可以帮助减少项目中的浪费和冗余，提高工作效率。
四、项目管理与工作计划的步骤1. 确定项目目标确定项目目标和范围，包括明确的目标和具体的可交付成果。
2. 制定工作计划根据项目目标制定详细的工作计划，包括任务和活动的分解、预计时间和资源需求。
3. 分配责任根据工作计划，明确项目团队成员的责任和角色，确保每个人都清楚自己的任务。
4. 监控和评估定期监控项目进展，并与工作计划进行比较。
评估项目绩效并及时进行调整。
5. 沟通与协作建立一个有效的沟通和协作机制，确保项目团队之间的信息流畅，协调项目进展。
6. 风险管理识别和评估项目面临的风险，并制定相应的风险管理计划，以降低风险对项目的影响。
非营利组织PPT课件
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（三）契约失灵
在有些领域，由于物品或服务的购买者 并不是最终消费者，或者由于物品或服 务太过于复杂，消费者往往缺乏足够的 信息来评价物品或服务的质量
如医疗服务和儿童玩具等
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（四）内在动机
第一类是通过非营利活动牟取个人和团体的 私利，如金钱、地位、荣誉和权力；
该分类体系由美国民间组织－“独立部门”的分支 机构慈善统计中心设计，包括25大类非营利组织， 每类又分为很多小项。这25大类是：教育；保健； 精神保健；特殊病症保健；医学研究；犯罪与法律； 就业；食品与营养；住房与收容；公共安全与灾难 防御；休闲与运动；青少年辅导；社会服务；文化 艺术；环境保护；与动物有关的组织；国际组织； 民权与推促；社区改造；慈善事业；科学研究；社 会科学研究；其他公益活动；宗教相关活动；互惠 组织。
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第一章 非营利组织概述
课
第二章 非营利组织领导
程
第三章 非营利组织战略
体 系
第四章 非营利组织营销
框
第五章 非营利组织募款
架
第六章 志愿者管理
第七章 非营利组织评估
考核方式
期末考试（30%）
小论文（20%）
课堂参与与考勤 （40%）
作业（10%）
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问题的提出：为什么要学习这门课
1.非营利组织在社会中的地位越来越 突出 2.以往的管理着重于企业管理，不重 视非营利组织 3.应该有为非营利组织量身定做的管 理理论
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Business law 关键字知识整理
·注意，第一个数字表示第几课，第二个表示在该课的第几页，可能会有小差异（正负1页）。
这个基本上把书上面出现的所有特殊名称（包括人名和法律条款都没有放过）展现，应该说，凡事黑体划线甚至是大写的基本没有放过。
部分大小写没有太注意，不过不会影响查找。
25 January Phillip lands in Bo tany Bay……1.751AA……9.109 Geo IV Ch. 83……1.7Abolished……9.15Absolute Privilege绝对特权……4.17Absolute Title绝对所有权……3.2ACCC（Australian Competition of Consumer Commission）……9.4Acceptance……5.4合约接受一项要约，即是受要约人在要约有效期及以要约要求的方式显示（不论是明示或默示）其愿意无条件按要约的条件受合约所约束Actual Authority……10.3委托人根据协议下或在合同授予代理人之权限Actual Defense……4.10在普通法下，有欺骗意图的欺骗行为，或妄顾陈述的真确或虚假Actual intent……4.18在合同法中，合约一方的主观意图。
当有可接纳的证据证明合约双方的明示意图，法庭便会就该意图作出相应判决Actual possession……3.2有关产权、对财产当前的实质保管或管制权，或于一处地方拥有该财产而该人于该地拥有保管该财产的权利或权力Actus reus……4.18犯罪行为。
构成罪行的自愿行为或不作为；该项罪行的实质因素Administrative Conflict of Juridictions……2.8Affirmation ……8.8确认，当原告人发觉事实上他有权利撤销合约的时候，若他将合约视作继续存在，他会被认为已确认该合约因而不能撤销该合约Agency ……8.2代理人跟委托人的关系，代理人可以影响委托人跟第三者的法律关系Agreement ……8.8Agreements……7.9Amadio type……8.18Amadio‟s case……7.15Amadio……9.1American Declaration of Independence……1.1Ampol……9.15An option……5.3Anarchists……1.2Anticipatory breach ……8.11提前违约，违约的一种，使受诺人可以在承诺人于指定时间履行合约前终止合约Anti-competition……9.1Anton Pillar order ……8.11该命令强令被告人准许原告人查看被告人的处所，目的在于找出及带走与原告人案件相关的任何资料。
Business Law
Topic 1Public lawPublic law is a theory of law governing the relationship between individuals (citizens, companies) and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law.Private lawPrivate law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts[1] (as it is called in the common law), and the law of obligations (as it is called in civil legal systems).Doctrine (信条) of reception (接收)In common law, the doctrine of reception (properly, reception of the common law of England in a colony) refers to the process in which the English law becomes applicable (适用的) to a British Crown Colony (英国直辖殖民地).Topic 2Australia was formed in 1901, with 6 separate states, share the powers between the states and the governmentThe doctrine of separationLegislative make lawExecutive manageJudiciary interpret and applyThe doctrine says all three branches must be separate, but in reality, the legislative and the executive are connected because of the governmentThe queen is the crownThe governor general represent the crown, doesn't have the real power, it is for ceremonySenateHouse of the representativesJudicial powerOnly high court can interpret constitutionTopic 4Court HierarchyAustralia has separate systems of courts at Commonwealth, state and territory levels. Each court system is arranged as a hierarchy, by dividing the courts into different levels of power and importance. Each state and territory has its own court hierarchy, and ach court had its own jurisdictions.Jurisdiction (司法权、权限)The power of a court to hear certain types of casesCourt system in China最高人民法院高级人民法院中级人民法院初级人民法院ADR - Alternative dispute resolutionInvolves using methods outside the court system to resolve disputesOnly in civil mattersThe standard of proofThe degree of proof required in order to succeed in a legal action.•Criminal cases: Beyond reasonable doubt•Civil cases: On the balance of probabilitiesThe Victorian Court HierarchyJuryA panel of people drawn from the community who can decide the outcome of some cases Doctrine (信条) of Precedent (先例)Cases involving similar facts should be resolved in a similar way by courts, which means stand by what has already been decided.Further, a lower court in a hierarchy must follow a decision of a higher court in the same hierarchy where the facts of the 2 cases are similarReason: Fairness and consistencyPrecedent(先例) – Judge – made LawA precedent is a decision of a court that establishes one or more legal principles, known as common law, case-law or judge-made law.Essentially a lower court in a hierarchy is bound to follow a decision of a higher court in the same hierarchy where the facts of the 2 cases are similar. The decision of the higher court would be referred to as a binding (捆绑) precedent.There are other precedents that a court may not be bound to follow but may still be useful to that court in making decision which are called persuasive precedents.Precedents will only be created by these courts where there is no existing law or where the existing law has been added to or varied in some way to deal with new circumstances.What part of a precedent is a court bound (obliged, must) to follow?•Courts must follow the ratio decidendi of earlier similar decisions•Courts are not bound to follow obiter dicta contained in earlier decisions Adversary (对手) System of TrialA “trial” is the hearing of a case (civil or criminal). 2 or more parties bring an action to court and are likened to opponents in a sporting match to debate. P 41QuestionsWhat do we call the part of a judge’s decision tha t must be followed in lower courts in the same hierarchy?What is the difference of the standard of proof in a criminal matter and in a civil matter?改错题Jane is suing Billy for negligence, claiming that the food she ate in his restaurant was not fresh and made her ill. She is claiming specific performance of $50,000 from Billy. The trial is set for June 12 in the Supreme Court of Victoria. To avoid going to jail, Billy must prove beyond reasonable doubt that the food in his restaurant was not the cause of Jane’s illness.Parts of the AnswerDamage is 50,000, under 100000 so she should not go to Supreme courtThe civil matter is called a hearing not a trialIn a civil matter billy will not be sent to jailJane is the plaintiff so she is responsible for the proofTopic 5Sole trader•One person owns and controls•Owner keeps all profits•Owner is not separate legal entity•Death or illness could be a problem•Unlimited LiabilityPartnership also have unlimited liabilityCompany•Separate legal entity•Fictional person•Incorporated•Can sue and be sued•Can make contracts•Constitution and or replaceable rules•Perpetual existence•Limited liabilitiesDisadvantages•Document requirement•More responsibleThe veil of incorporationA company’s separate existence, like a protection (the veil) between the company and the shareholders, from liability for company obligations债务.Shareholders’ rightsReceive a proportion of the company’s profits in the form of dividendsTake part in management of the companyReceive certain financial info from the companyReceive a proportion of the company’s capital if the company is wound up (terminated) Proprietary and Public CompaniesRegistering a Business NameOnly you use the owner’s surname and initials, or the company must be registered Question1.Roy runs a second hand hospital equipment sales business, called Recyled Roy. Though hiswarehouse is situated in Victoria he sells equipment online across Australia. Under the business names legislation, where does he have to register his business name?•He has to register the company’s name in every state and territory, because he’s selling the equipment across Australia.2.What protection does the veil of incorporation provide to company owners?•Protection from liability and company debts3.Emily is currently operating as a sole trader in the fashion industry. As she is becoming moresuccessful, she has been advised to incorporate her business. Explain what incorporation means and what are the advantages and disadvantages of incorporation•Incorporation is the legal process by which a by which a business becomes a company.This means it is a separate legal entity from its directors, shareholders, employees, members and creditors.•Advantages (when taking exam, write in sentences)1.Limited liability2.Perpetual existencepany can sue and be sued in its own name•Disadvantages4.Strict reporting responsibilities to ASIC5.Profits are shared6.Many different individuals (CEO, Directors, and Shareholders) have aninfluence on the running of the business, so less of control by the owner.7.Shareholders of a publicly listed company have the right to receive dividend股息Topic 6A power of attorney (全权委任书)A universal agent (总代理) has unrestricted (无限制的) authority to act on behalf of the principal.The most common way in which they may be appointed is under a power of attorney. P82 AgencyImportant partiesPrincipalAgentThird PartyWhat are the duties of an Agent to the principal?1.Obey the principal’s lawful instructions2.Act in person3.Act in the principal’s best interests4.Not misuse confidential info5.Not make a secret profit or take a secret commission6.Take care of the property of the principal7.Keep separate and proper accountse reasonable skill and diligenceExplain what is a mercantile agent?Mercantile (商业) agents, to do with buying and selling, that have possession of another person’s goods for the purpose of the selling those goods. P83Agency can be created by:•Ratification (批准) : is the approval or confirmation by a principal of an agent’s act after the agent has performed them.CaseRose is an employee in the International Education Department at Henan University. She is responsible for ordering stationary. She decides that the department’s software needs updating, so places an order for new software. Her boss, Mr Shu, was unaware of Rose’s order at the time she made it and did not authorize Rose to act on his behalf. However, he subsequently agrees with her that the software needs updating and supports her action.Has an agency relationship been created?If so, explain how.Topic 8NegligenceWhat is the standard of proof of negligence?•Criminal cases: Beyond reasonable doubt•Civil cases: On the balance of probabilitiesWho is your neighbor in law?A person who is closely and directly affected by my actIn order to prove negligence all of the following 3 elements must be proven:1.The defendant owed a duty of care to the plaintiff (the Neighbour Principle)2.The defendant breached that duty of care3.The plaintiff suffered damage as a result of that breach(In exam, can write only the duty of care, the breach of care and damage)To decide whether it is (workbook p 133IssueRulesApplicationApplying the test of reasonable foreseeability (Donoghue & Stevenson), a reasonable person in Monica’s position would have foreseen that a member of the public could be injured on the wet floor on rainy days if the door was not repaired or the side entrance not blocked off.ii. The vulnerability and control test (Perre v Apand)Applying the vulnerability and control test (Perre v Apand), Monica as owner of the supermarket could control the site and prevent or minimize risk of injury to the public.Her customers were relying on her to keep the area safe.2. Was there a breach of the duty of care? (Standard of care)4.Did the plaintiff suffer damage?CaseLily was dining at a local restaurant with some friends. The restaurant had a leak in the roof near the toilets and in rainy weather water would collect in a small puddle in front of the ladies’ toilet, which was located on top of a set of small stairs. The owner of the restaurant, Jason, was aware of the problem but had not yet organized roof repairs. It was raining heavily outside the night Lily and her friends were eating in the restaurant.As Lily was coming out of the ladies’ toilet, she stepped in the puddle and slipped, falling down the stairs near the toilet. She sprained her ankle, broke her arm and sustained bruising. She was unable to work for 3 months and her medical bills totaled $40,000. After seeking advice from a lawyer, Lily decided to sue the restaurant.1.Is this a civil or criminal matter?Explain the reasons for your answer.2.On which party is the burden of proof?3.What is the standard of proof in this matter?4.What types of legal action can Lily take against Jason, the restaurant owner?5.What legal outcome would Lily hope to achieve?AnswerThis is a civil matter as it is a legal dispute between 2 citizens. Lily, the restaurant customer, could sue Jason, the owner of the restaurant in negligence. (Or the main issue is whether Lily could successfully sue Jason the owner of the restaurant in negligence.)The burden of proof, known in law as the onus of proof, lies with Lily, who is the plaintiff in this legal action. Lily must prove on the balance of probabilities that Jason was negligent in failing to repair the roof of the restaurant.(Briefly state whether the plaintiff can prove negligence.You do not need to follow and apply the Negligence format attached to the…)The requirements of negligence to be proved by Lily are DOC, Breach and Damages. Occupiers of land must take reasonable care to avoid a reasonably foreseeable risk of injury to anyone who comes onto their land. (Australian Safeway Stores v Zalzuna.) SO, Jason owed a duty of care to Lily to ensure there was no water on the floor which she could slip on and injure herself.(Note: it is also acceptable to briefly apply the reasonable foreseeability test and vulnerability and control tests if you wish)It would have been fairly easy and not too costly for Jason to repair the leaking roof and his failure to do so is likely to amount to a breach of the duty of care. The injuries Lily suffered werecaused by Jason’s breach of the duty of care. There are no defenses available to Ja son…Lily could claim special damages of $40,000 for her medical expenses and 3 months’ salary as loss of income. She could also claim general damages for pain, suffering and anxiety. It is unlikely that her injuries would affect her future earning capacity or create any long-term loss of enjoyment of life.Topic 7 Contract Law在英国法中，作为合同内容的合同条款从形式上可以分为两类，即明示条款（express terms）和默示条款（implied terms）。
business law
The types of business law
公司法 Company Law 商标法 Trademark Law
海商法 Admiralty Law
保险法 Insurance Law
票据法 law of Negotiable Instrument 商业银行法 Commercial Banks Law
Legal terms
Sue 控告， 法院﹚ 控告，向﹙法院﹚起诉 Prosecute 对…提出公诉 提出公诉 Trademark 商标，品牌 商标， Court 法院， 法院，法庭 Lawyer 律师 Case 案件， 案件，诉讼 Judge 法官、﹙纠纷等的﹚仲裁人 法官、 纠纷等的﹚ Defence 被告方（包括被告人及其辩护律师） 被告方（包括被告人及其辩护律师） Litigation 诉讼 争讼 诉讼,争讼
Characteristics
技术性 Technicality
B
Rentability 营利性
A
characteristics
C
Compatibility 兼容性
Variability 变动性
E
D
Internationalis m 国际性
orange
What’s your opinion about this case? a. The company already used the color on its other brands. b. Only part of the company could be prosecuted.
The second case
Going Green (环保绿的官司） 环保绿的官司） 环保绿的官司
大学生创新创业项目计划书通用ppt
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项目实施战略 PROJECT IMPLEMENTATION STRATEGY
项目财务估算 PROJECT FINANCIAL ESTIMATE
风险以及制约因素分析 RISK AND CONSTRAINT ANALYSIS
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项目概况
PART 01
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国际商法课件第一章
The Meaning of Commercial
According to UN Commercial Arbitration：（联合国国际商事仲裁示范法）
The term ‘commercial’should be given s wide interpretation so as to cover matters arising from all relationships of a commercial nature, whether contractual or not.
你所理解的国际商法？ Why Should You Study Law?
Why Should You Study Law?
The benefits from mastering the knonwledge and skills of law.
In the domain of business, just as the pricing practices of competitors must be taken into account in formulating long- or short-term strategy, so must the legal environment of business be considered.
在商务活动中，制定长期或短期战略时，就像必须考虑竞争 者的定价情况一样，法律环境必须加以考虑。
Why Should You Study Law?
For example, in considering whether to entering a foreign market, a manager must determine whether contracts entered into in that nation can be enforced, whether intellectual property such as trade secrets, trademarks, and patents can be protected, and whether taxation and the threat of expropriation present intolerable risks.
课件03七选五微技能(依据逻辑关系化解阅读七选五)2023高考英语二轮复习专题提升“精品课件汇”
真题演练
5．递进关系 【2017 北 京 卷 】Every animal sleeps, but the reason for this has remained foggy. When lab rats are not allowed to sleep, they die within a month. 71 C. Similarly, when people go for a few days without sleeping, they get sick. 【解析】71. C。首句指出每种动物都要睡觉，但原因仍然是个谜。实验 室的老鼠被剥夺了睡眠，一个月内就会死亡，C项“同样，如果人类连续 几天不睡觉，就会生病”与前句是层递关系，故选C项。
E. You can hide a message by having the first letters of each word spell it out. 【解析】37. E。考查总分关系。空格前面的句子说总共有三种密码，是 一个概括性句子，总述了全段的主要内容。空格内应是介绍第一种密码 ，是分述。由该空后的例句可知，此空选E “你可以拼写每个单词的第一 个字母来隐藏信息”。
真题演练
8．因果关系 【2017 北 京 卷 】 One idea is that sleep helps us strengthen new memories. 72 We know that, while awake, fresh memories are recorded by reinforcing (加强) connections between brain cells, but the memory processes that take place while we sleep have been unclear. E. That's why students do better in tests if they get a chance to sleep after learning. 【解析】72. E。该段首句说睡眠能帮助人们增强记忆。而E项则给出了 结果，学习后如有机会睡眠，那么学生在考试中就会表现更好，故选E项。
作为溯因推理研究方法的因果过程追踪及其在公共政策研究中的应用
与量化研究相 比，质 性 研 究 显 然 更 擅 长 于 发 掘 和 描 述 政 策 变 化 过 程 的 因 果 机 制①（ 朱天飚，2017） 。“一个完整的解释，必须规定一种机制来描述一个变量影响另 一个变量的过程，换句话说，X 是如何产生 Y 的”（ Kiser and Hechter，1991） 。质性方 法论体系利用个案分析方法研究社会现实案例，是国内外公共管理以及公共政策研 究的重要载体（ Sigelman and Gadbois，1983； 马骏，2012） 。个案分析方法通过对公共 政策过程的全景式描述，多角度地把握研究对象的特征，可以探索揭示公共政策实 施过 程 的 因 果 机 制，但 其 方 法 论 瓶 颈 在 于 从 个 别 到 一 般 的 因 果 推 论 解 释 力 弱 （ Eisenhardt，1989； Yin，1994； Goodin，2009） 。为提高因果推论能力，公共政策的质 性研究方法论 体 系 需 要 进 一 步 突 破。近 年 来 兴 起 的 因 果 过 程 追 踪 方 法 （ Causal Process Tracing） 具有识别并纠正虚假因果关联以及遗漏变量偏误等内生性问题的方 法论优势（ Falleti，2016； 张长东，2018） ，成为公共政策学者可以使用的重要方法论 工具。
商法 business law
商法business law商法概述概念、特征、原则、调整对象、体系渊源、产生发展、与其它部门法关系一、商commerce 营利性行为的总称商业的commercial概念：法学的所说的商包括流通领域和生产领域。
但只有生产和流通与经营联系在一起，即生产和流通是为了一定的营利性目的而为之时，方可视为法律意义上的商。
理解重点在于商的目的和商的主体资格，即是否属于营利性活动，从事这种营利性活动的行为人是否具有法律上所赋予的能力。
二、商法指调整因商行为而形成的商事法律关系的法律规范的总称。
狭义：仅指商法典及其附属法典如商法典及其施行法等。
广义：全部商事法律部门，不仅包括商法典，还包括与商事活动密切相关的各种法律，如公司、票据、保险、运输等法律。
基于各国商法制度差异，多数学者在理论上将商法分为形式意义上和实质意义上的商法。
形式意义：民法典制定的以“商法”命名的法典。
内容主要涉及商主体、商行为之界定、创设等商法的一般规则以及商事公司、票据、保险、破产、海商等基本制度。
（分为以商人为中心的主观主义《德国》、以商行为为中心的客观主义《法国》、以商人和商行为为中心的折衷主义《日本》为原则而构造商法典为立法基础三大类）实质意义：一切调整商事法律关系的法律规范的总称。
不以商法典作为商法概念界定的基础；商法不仅存在于商法典中，还大量存在于民法、行政法及其他法律法规和判例之中。
我国目前尚不存在形式意义上的商法，实质意义上的商法早已大量存在。
三、商法的特征1、商主体与商行为的盈利性特征侧重于保护从事经营行为的企业与其他主体的利益，以盈利为目的。
2、商法规范的技术性商法以经济效益为主要目的，技术性主要体现在商行为法部分。
3、兼具程序法内容的实体法商法作为私法应纳入实体法范畴，但商法中仍包含了大量程序规范。
如公司的设立条件、组织机构及职能、变更、清算、解散的程序等属于程序规范。
4、兼具国际法的国内法（趋同性）商法演进具趋同性，各国商法在具体规范内容上表现出明显的相同性或相似性。
business law相关名词英语解释
international law:The body of rules and norms that regulates activities carried on beyond the legal boundaries of a single state.the sources of international law:Treaties、Conventions、Custom（2 basic elements：Behavioral；Psychological.）、General Principles&Others Comparison: Civil Law System mostly influenced by Roman Law、Germanic Tribal Law、Canon Law&Law mon Law System Mostly influenced by Customary Practice of the Courts in England、Roman Law、Canon Law&Law Merchant.History&Distribution.State Responsibility:The liability of a state for the injuries that it causes to aliens and foreign businesses.Doctrine of Imputability：If the acts are done by officials of a country within their apparent authority, including:Acts within the scope of an official’s authority,Acts outside their scope of authority when the state provides the means or facilities to accomplish the acts.PS : Non-imputable Acts —Acts of private persons —Acts of officials of other states or international organization—Acts of insurrectionaries—State terrorism.Standard of Care:National standard of care (Third World Countries)—Treating aliens as the same as nationals.International standard of care ( Most Western Countries)-The state is responsible for injuring aliens when its conduct violates the international norms.Objections:①Lack of Standing:Objection that may be made to an international tribunal’s exercise of jurisdiction when a plaintiff is not qualified to be appear before the court.②Lack of Nationality:Objection that may be made to an international tribunal’s exercise of jurisdiction when state bringing suit is dong so on behalf of a person who is not a national of that state.③Lack of a Genuine Link ⑤Others④Failure to Exhaust Remedies:Objection that may be made to an international tribunal’s exercise of jurisdiction when the private person on whose behalf the suit is brought,failed to seek relief from defendant state.Investment Risks:Expropriation (both outright & creeping)、Currency Inconvertibility、Political Violence.Agencies:Private insurers—National investment guarantee program, eg. OPIC—Multilateral investment guarantee agency, eg. MIGADispute Settlement through Diplomacy:①Negotiation:The process of reaching an agreement by conferring or discussing.②Mediation:Bringing about a peaceful settlement or compromise between parties to a dispute through the benevolent intervention of an impartial third party.Good Offices:A third party who provides the means by whichdisputing parties may communicate with each other.Conciliation:The process of an impartial third party makes an independent investigation and suggests a solution to a dispute.③Inquiry:The process which an impartial third party makes an investigation to determine the facts underlying the dispute without resolving the dispute itself.Dispute Settlement Organs of WTO:DSB\Dispute Settlement Panel\Appellate Body管辖原则：in criminal case①Territoriality principle：Doctrine that a court has criminal jurisdiction if the offense was committed within the forum state.②Nationality principle:Doctrine that a court has criminal jurisdiction if the defendant is a national of the forum state.③Protective principle:Doctrine that a court has criminal jurisdiction if the national interest is injured.④Universality principle:Doctrine that a court has criminal jurisdiction if the forum state has the defendant in the custody.⑤Passive personality principle:Doctrine that a court has criminal jurisdiction if the victim is a national of the forum state.Jurisdiction in civil cases(jurisdiction over person/property)In personam jurisdiction:The power of a court or tribunal to determine the rights of a party who appear before it.In rem jurisdiction:The power of a court to determine the ownership rights of persons as to property located within the forum state.国家免责Sovereign or state immunity:Doctrine that municipal courts must decline to hear suits against foreign sovereign.Absolute sovereign immunity:Rules that a foreign state is immune from all types of suits.Restrictive sovereign immunity:Theory that a foreign state isn’t immune when the cause of action for a suit is based on conduct unrelated to the state’s governmental doctrine that the act of a government within the boundaries of its own territory isn’t subject to judicial scrutiny in a foreign municipal court.A court municipal court will decline to hear a dispute based on such acts if to do so would interfere with the conduct of the forum state’s foreign policy.选择法律：Agreement of parties/Statutory choice-of-law provision/Most significant relationshipVested rights doctrine:Doctrine that courts should apply the law of the state where the rights of the parties legally become effective. Choice-of-law clause:A provision in a contract designating the state whose whose law will govern disputes relating to the contract.Most significant relationship:Doctrine that courts should apply the law of state that has the closest and most real connection with dispute.Governmental interest doctrine:Doctrine that holds that courts should apply the law of the state that has the most interest in determining the outcome of the dispute.Forum non convenience:Doctrine that a municipal court will decline to hear a dispute when it can be better or more convenient heard in a foreign countries.商业组织形式：①Sole Proprietorship:a business entity established with its capital contributed by one individual and its assets owned personally by the sole proprietor, who assumes unlimited liability to the extent of his personal assets ②Company:an association of persons or of capital organized for the purpose of carrying on a commercial, industrial, or similar enterprise主要商业组织形式：①Partnerships：A Partnership is a company or an association of at least 2 persons who co-own & manage a business and who are each liable to the full extent of their personal assets for the debts.②Corporations：A Corporation both in civil law & common law refer to an independent juridical entity owned by its investors-shareholders/members who usually have limited liabilities③Sole Proprietorship③Characteristics of a Partnership:1) It is co-owned & managed by its investors-partners;2) Its profits & losses are shared by the partners;3) The partners have unlimited liabilities4) It is not regarded as a juridical person in most countries. Characteristics of a Corporations:1) It is owned by its investors/shareholders/members in a form of a certain number of shares/a certain amount of participation, while managed by professional administrators2) Its profits are shared by the investors according to the amount of their respective investment3) The owners have limited liability4) It is always regarded as a juridical person independent from its owners Article of Incorporation:the basic instrument creating and defining a particular corporation which is filed with a state agency at the time of the firm’s incorporation.Memorandum of association:an instrument creating and describing the basic details of a particular corporation, which is filed with a state agency at the time of the firm’s incorporation.Par share:A share that may be sold by a company for at least value.No par share:A share that may be sold by a company for any value. Classified stock；stock that is categorized according to the persons who may own it or benefits it gives its owner.Preferred stock:stocks that benefits its owners that ordinary stockholders don’t have.Common stock:普通股是指在公司的经营管理和盈利及财产的分配上享有普通权利的股份母国对公司：unfair competition law、products liability laws、sharp practices 东道国对公司;consent to the jurisdiction of the host state\common enterprises liability\piercing the company veilpiercing the company veil：a company is a separate legal entity will be set aside and the shareholders of the company will be held liable for its conduct as if they were partners in partnership.四种否定子公司独立法人地位的：the controlled company\the alter ego company\undercapitalization\personal assumption liabilityGATT994原则：nondiscrimination \ protection through tariffs \ transparency \ regional integrationThe Most-Favored-Nation Rule:最惠国待遇是贸易条约中的一项重要条款，其涵义是：缔约一方现在和将来给予任何第三方的一切特权、优惠和豁免，也同样给予缔约对方。
llm选课 合同法和公司法
llm选课合同法和公司法合同编号：[编号]甲方：[甲方名称]地址：[甲方地址]联系电话：[甲方联系电话]乙方：[乙方名称]地址：[乙方地址]联系电话：[乙方联系电话]根据《中华人民共和国合同法》及其他相关法律法规的规定，甲乙双方经友好协商，就下列事项达成以下合同：第一条课程内容1.1甲方向乙方提供合同编号为[编号]的合同课程，包括合同法和公司法。
1.2甲方将提供相关教材、讲义、案例分析及其他课程资料，以便乙方学习。
第二条课程安排2.1甲方将根据课程的内容和乙方的学习进度，合理安排课程的教学时间和地点，并提前通知乙方。
2.2如因不可抗力等原因导致课程无法按时进行，甲方将与乙方协商重新安排课程的时间。
第三条学费支付3.1乙方应按照以下方式支付学费：学费金额：[学费金额]人民币(大写)支付方式：[支付方式]支付时间：[支付时间]3.2乙方同意在合同开始前支付该笔学费，并提供付款凭证给甲方。
第四条课程权利及义务4.1甲方有权根据教学需要，对课程进行调整，并通知乙方。
4.2乙方有权参加甲方提供的所有相关课程，并获取相应的授课资料。
4.3甲方有义务按时提供相关课程内容，确保教学质量。
第五条违约责任5.1任何一方违反合同的约定，使得另一方无法履行合同的，应承担违约责任。
5.2若乙方未按时支付学费，甲方有权中止或终止提供相关课程，并要求乙方赔偿因此产生的损失。
第六条保密条款6.1甲乙双方在履行本合同时，可能涉及到商业秘密及其他保密信息，双方应对该信息严格保密。
6.2未经对方书面同意，一方不得向第三方透露、泄露包括但不限于商业秘密和合同内容等保密信息。
第七条争议解决7.1本合同的解释与执行均适用中华人民共和国法律。
7.2因本合同引起的争议，甲乙双方应通过友好协商解决；若协商不成，应提交有管辖权的人民法院诉讼解决。
第八条其他约定本合同未尽事宜，由甲乙双方协商解决，并作为本合同的补充条款。
第九条合同生效与期限9.1本合同自双方签字盖章之日起生效，至合同约定的课程结束之日终止。
国际商法international business law
Introduction to International Business Law
2015-3-11 国际商法英语 1
International business law
---norms and customary practices regulating international business transactions and all kinds of relationships between business organizations across national boundaries--- the legal relationships of international business
8/20Biblioteka Public International Law
国际法又称国际公法 适用主权国家之间以及其他具有国际人格的实 体之间的法律规则的总体。国际法从根本上 说，是受国际经济关系制约的。在这个意义 上，国际法是上层建筑superstructure（指 建立在一定经济基础之上的社会意识形态以 及相应的政治法律制度、组织和设施的总和 ）国际经济是基础。国际法的产生和发展是 和国家之间的经济关系分不开的。在现代， 由于国家之间的经济往来越来越频繁，经济 关系越来越复杂，国际经济对国际法的影响 也越来越明显。
UCP 500: the Uniform Customs and Practice for Documentary Credits《跟单信用证统一规则》
2015-3-11 国际商法英语 15
International Business Cases
---cases made by international court, and business awards(判决) by some international business arbitration authorities; ---leading cases made by some municipal国内的courts when dealing with foreign-related disputes.
美国示范商业公司法(中英文对照)
MODEL BUSINESS CORPORATION ACT示范商业公司法CHAPTER 1GENERAL PROVISIONS第一章总则Subchapter A. SHORT TITLE AND RESERVATION OF POWER第一节简称和权力的保留§ 1.01. Short title 简称§ 1.02. Reservation of power to amend or repeal 保留修订和废除本法的权力Subchapter B. FILING DOCUMENTS第二节文件的提交§ 1.20. Requirements for documents; extrinsic facts 申请条件与外部事实§ 1.21. Forms 表格§ 1.22. Filing, service, and copying fees 申报费、服务费以及复印费§ 1.23. Effective time and date of document 文件生效时间与日期§ 1.24. Correcting filed document 对已申请文件的纠正§ 1.25. Filing duty of secretary of state 州务卿的备案归档职责§ 1.26. Appeal from secretary of state's refusal to file document 对州务卿拒绝接受文件归档时的上诉§ 1.27. Evidentiary effect of copy of filed document 已归档文件副本的证据效力§ 1.28. Certificate of existence 关于公司存续的证明书§ 1.29. Penalty for signing false document 对签署假文件的惩罚Subchapter C. SECRETARY OF STATE第三节州务卿§ 1.30. Powers 州务卿的权力Subchapter D. DEFINITIONS第四节定义§ 1.40. Act definitions 本法案中的定义§ 1.41. Notice 通知§ 1.42. Number of shareholders 股东人数Subchapter A.SHORT TITLE AND RESERVATION OF POWER§ 1.01. SHORT TITLE第一节简称和权力保留§ 1.01. 简称This Act shall be known and may be cited as the "[name of state] Business Corporation Act."本法应称为并引用为《（州的名称）公司法》。
商业伦理学(英)毕博迁移课程Tobacco Industry Uses Trade Agreemti
Tobacco Industry Uses Trade Agreements to Challenge Anti-smoking Measures Posted by admin2 • November 29, 2012by Myron Levin, Fair WarningAndriy Skipalskyi was feeling proud, even triumphant, when he arrived last March at the World Conference on Tobacco or Health in Singapore.Ukraine’s parliament had just voted to approve a public smoking ban, and its president had just signed a bill to outlaw tobacco advertising and promotion. These were revolutionary steps in chain-smoking Eastern Europe.Ukrainian anti-tobacco activist Andriy SkipalskyiBut Skipalskyi, a leading Ukrainian anti-smoking activist, heard little praise for his country from other delegates. As he told FairWarning: “Everyone was talking about Ukraine as the bad actor in the internationa l arena in tobacco control.’’The reason was a bewildering move by Ukraine’s trade ministry. Within hours of the historic moves to curb smoking at home, the ministry, prodded by the tobacco industry, contested a tough anti-smoking law in Australia, half a world away.In a complaint to the World Trade Organization, Ukraine challenged the law, which takes effect December 1, that will ban distinctive logos and colors and require cigarettes to be sold in plain generic packs. Despite Ukraine having no tobacco exports to Australia—and therefore no clear economic interest—the trade ministry branded the law a violation of intellectual property rights under trade agreements Australia had signed.Following Ukraine’s lead, Honduras and the Dominican Republic soon jo ined the attack on Australia, filing similar complaints with the WTO.The case, which will be decided by a three member arbitration panel, signals an emerging pattern in the global tobacco wars. As top cigarette makers lose clout with national governments, countries around the world are adopting more stringent rules to combat the public health burdens of smoking. To strike back, top cigarette makers are increasingly invoking long-standing trade agreements to try to thwart some of the toughest laws.Plain Packaging LawsThe WTO case is only part of a three-pronged legal assault against Australia, aimed both at reversing the plain packaging law and warning countries of what they might face if they follow its lead.Public health advocates fear the legal attacks will deter other countries from passing strong anti-smoking measures. The “cost of defending this case, and the risk of being held liable, would intimidate all but the most wealthy, sophisticated countries into inaction,” said Matthew L. Myers, presid ent of the Campaign for Tobacco Free Kids in Washington D.C.Marlboro, the world’s top-selling brand, packaged under labeling laws of (clockwise) the U.S., Egypt, Djibouti, Hungary/Photos of non-U.S. packs, Canadian Cancer SocietyThe dispute underlines broader concerns about trade provisions that enable foreign companies to challenge domestic health, labor and environmental standards. Once a country ratifies a trade agreement, its terms supersede domestic laws. If a country’s regulations are found to impose unreasonable restrictions on trade, it must amend the rules or compensate the nation or foreign corporation that brought the complaint.Advocates say countries should be free to decide how best to protect public health, without being second-guessed by unelected trade panels. Moreover, they argue, tobacco products, which kill when used as intended, should not be afforded the trade protections of other goods and services.Worldwide, nearly 6 million people a year die of smoking-related causes, according to the World Health Organization, which says the toll could top 8 million by 2030. With fewer people lighting up in wealthy nations, nearly 80 percent of the world’s 1 billion smokers live in low and middle-income countries.Countries have been emboldened to pass more stringent measures by the Framework Convention on Tobacco Control. In effect since 2005, the treaty has committed about 175 nations to pursue such measures as higher cigarette taxes, public smoking bans, prohibitions on tobacco advertising, and graphic warning labels with grisly images such as diseased lungs and rotting teeth (The U.S. has signed the treaty, but the Senate has not ratified it. The U.S. Food and Drug Administration has ordered graphic warnings for cigarette packs, but an industry court challenge on 1st Amendment grounds has stalled the rule. )Cigarette makers say they acknowledge the hazards and the need for regulations. “We actually support the vast majority of them,” said Peter Nixon, vice president of communications for Philip Morris International, which has its headquarters in New York, its operations center in Switzerland, and is the biggest multinational cigarette maker with 16 percent of global sales.But the industry has watched with growing concern as more than 35 countries have adopted total or near-total bans on cigarette advertising. Its big profits depend on consumer recognition of its leading brands. Yet in many countries, the once-ubiquitous logos and imagery are receding, leaving the cigarette pack as a last refuge against invisibility.Now the pack, too, is under attack. Along with plain packaging laws such as Australia’s, countries are weighing retail display bans that keep cigarette packs out of view of consumers; and laws requiring graphic health warnings so large that there is barely any room for trademarks. Tobacco companies contend that countries enforcing such rules are effectively confiscating their intellectual property and must pay damages.Louis Camilleri, chairman and CEO of Philip Morris InternationalThe industry also claims that measures like plain packaging are counterproductive. “We see no evidence—none at all—that this will be effective in reducing smoking,” Nixon of Philip Morris International said in an interview. In fact, he said, generic packaging likely will increase sales of cheap, untaxed counterfeit smokes, thus increasing consumption.Louis C. Camilleri, chairman and CEO of Philip Morris International, drew a line in the sand in remarks to Wall Street analysts in November, 2010. The company would use “all necessary resources and…where necessary litigation, to actively challenge unreasonable regulatory proposals,’’ Camilleri said, specifically mentioning plain packaging and display bans.Up to now, tobacco-related trade disputes have mostly involved quotas or tariffs meant to protect domestic producers from foreign competition. In the 1980s and ’90s, for example, the Office of the U.S. Trade Representative successfully challenged such barriers in Taiwan, Japan, South Korea and Thailand, boosting sales for U.S. cigarette makers R.J. Reynolds and Philip Morris.The U.S. got a taste of its own medicine when a WTO panel in April upheld a ruling that the U.S. had discriminated against Indonesia by enforcing a ban on flavored cigarettes that exempted menthol but included Indonesian clove cigarettes. The U.S. has until next July to amend the law by treating all flavorings the same or to reach an agreement with Indonesia on compensation.The key issue now, though, isn’t traditional barriers b ut whether health regulations unduly restrict the movement of goods. In challenging anti-smoking rules, the industry has drawn on global treaties, such as the 1994 pact known as TRIPS (the Agreement on Trade Related Aspects of International Property Rights), that include broad protections for intellectual property and foreign investment.Multiple Legal BattlesIn the hands of aggressive corporations, such provisions have become ‘’the ticking time bomb for this century as governments tackle problems like tobacco, the environment, obesity, access to essential medicines,” said Myers of the Campaign for Tobacco Free Kids.Events in the southern African nation of Namibia reflect the debate. In November, 2011, Namibian officials proposed to require graphic warnings on at least 60 percent of cigarette packs. The tobacco industry argued in written comments that such large warnings weren’t justified and, in the words of British American Tobacco, would “impose a very significant barrier to trade.” Namibia should pur sue public health goals “in a manner that is respectful of its international obligations,” the company said.The proposal is still pending, but Stanley Mungambwa, a senior health official in Namibia, sounded a defiant note in an email to FairWarning.“Namibia is a country that loves its people,” he said. “Money obtained from coffins is not what Namibia’s trade obligations is all about.”Canada provided an early example of the possible chilling effects of industry threats. Though considered a leader in tobacco control, Canada in the mid-1990s withdrew a proposed plain packaging rule under legal pressure from the industry, which raised the issue of Canada’s trade obligations.That happened even though internal documents produced years later in tobacco litigation showed that industry officials, despite their public stance, feared their legal position was weak. As a 1994 memo from British American put it, “current conventions and treaties offer little protection” against plain packaging rules.Two recent legal decisions confirmed that such cases are no slam dunk for the industry. In September, a court in Oslo, Norway, rejected a lawsuit by Philip Morris Norway AS that challenged the country’s retail display ban. The company had claimed that in enforcing the ban, Norway had violated the European Economic Agreement because it had failed to rely on the least trade-restrictive measures to achieve its public health goals.The court, siding with Norway’s government, found that other measures would not be as effecti ve in insuring that “as few as possible youngsters begin to smoke, to prevent them from developing tobacco dependency.’’Pack of Marlboro Menthol in Australia. As of December 1, all cigarettes must be sold in plain packaging with graphic warnings covering 75 percent of the front and 90 percent of the back of the pack.The second example was Australia’s victory in the first round of one of its legal defense of plain packaging. Rejecting a lawsuit by the four top global companies--Japan Tobacco Inc. and Imperial Tobacco, along with British American and Philip Morris International—Australia’s High Court upheld the law as legal and constitutional.The law requires cigarettes to be sold in drab olive-brown packs, with pictorial warnings covering 75 percent of the front and 90 percent of the back.The goal is to reduce “the attractiveness and appeal of tobacco products to consumers, particularly young people,” a spokeswoman for Australia’s Department of Health and Ageing said in an email to FairWarning.But two major challenges remain.In one, Philip Morris Asia has accused Australia of violating a 1993 bilateral trade pact between Hong Kong and Australia. Such agreements, known as investor-state treaties, allow a foreign investor by itself to bring damage claims against a country.Lawyers for Australia contend the claim should be tossed out, citing a nimble asset-shuffling move by Philip Morris. To create grounds for the claim, they say, the company transferred its Australian operations to Hong Kong-based Philip Morris Asia after the plain packaging plan was announced.The shares were transferred “for the very purpose of claiming a loss,” said Benn McGrady, an adjunct professor of law at Georgetown University and expert on global trade and health. This, he sa id, should be “virtually terminal in terms of the merits of their claim.”Nixon of Philip Morris said the transfer should have no impact on the outcome. The case is before an arbitration panel of the United Nations Commission on International Trade Law.Industry Pays Government Legal FeesAnd the WTO cases remain alive. Cigarette makers are paying for heavyweight lawyers to represent Ukraine, Honduras and the Dominican Republic and press ahead with the challenges.As company representatives have told FairWarning, Philip Morris International is paying the firm of Sidley Austin to represent the Dominican Republic, while British American is picking up legal expenses for Ukraine and Honduras.“We are happy to support countries who, like us, feel plain packa ging could adverselyaffect trade,” said British American spokesman Jem Maidment.It’s not unusual in trade disputes for corporations to give legal assistance to governments with mutual interests. In this case, however, the three countries appear to have little, if any, direct stake in Australia’s tobacco control policies.Tobacco exports from Ukraine to Australia are nonexistent, according to figures from Australia’s Department of Foreign Affairs and Trade. During the last three years, tobacco exports from Honduras and Dominican Republic have averaged $60,000 (U.S.) and $806,000, respectively.Responding in April to an inquiry from Ukrainian journalists, the country’s Ministry of Economic Development and Trade said it had “a policy of supporting Ukrainia n producers and protecting their interests in the internal and external markets.” In this case, the ministry said, it had “received concerns” about the plain packaging law from the Ukrainian Assn. of Tobacco Producers, made up of the top tobacco multinationals, and from the Union of Wholesalers and Producers of Alcohol and Tobacco Association.Seeking to reverse Ukraine’s action, Andriy Skipalskyi, the 38-year old chairman of a Ukrainian public health group called the Regional Advocacy Center LIFE, collected hundreds of petition signatures at the Singapore conference asking his nation’s authorities to withdraw the challenge. The government ignored the request, and Honduras and Dominican Republic soon followed with complaints of their own.Konstantin Krasov ksy, a tobacco control official in Ukraine’s Ministry of Health, told FairWarning the countries had allowed themselves to be used. “Honduras, Dominican Republic and Ukraine agreed to be a prostitute,” he said.Honduran economic officials, in an April pres s release, said Australia’s law “contravenes several WTO obligations on intellectual property rights.’’ It noted that the tobacco industry “employs several hundred thousand people directly and indirectly throughout the supply chain in Honduras.”The Domin ican Republic, a major cigar exporter, also said plain packaging “will have a significant impact on our economy.” In a written statement to FairWarning, Katrina Naut, director general for foreign trade with the country’s Ministry of Industry and Commerce, said that if other countries join Australia in adopting plain packaging, it will lead to falling prices for name-brand tobacco products and “an increase—rather than a decrease—in consumption and illicit trade.”Among supporters of Australia, none is more vociferous than the government of Uruguay. It recently told the WTO’s Dispute Settlement Body that the global trading system “should not force its Members to allow that a product that kills its citizens inunacceptable and alarming proportions continues to be sold wrapped as candy to attract new victims.”Uruguay’s stance reflects its own high-stakes battle with Philip Morris.Dr. Eduardo Bianco, president of Uruguay's Tobacco Epidemic Research CentreThe tobacco giant has challenged Uruguay’s requiremen t of graphic warnings on 80 percent of cigarette packs. Philip Morris is also fighting a rule that limits cigarette marketers to a single style per brand, making it illegal to sell Marlboro Gold and Green along with Marlboro Red.The challenge by Swiss units of Philip Morris cites a 1991 bilateral treaty between Switzerland and Uruguay. Since filing the complaint in 2010, the tobacco company has also closed its only cigarette factory in Uruguay.The regulations “are extreme, have not been proven to be eff ective, have seriously harmed the company’s investments in Uruguay,” according to a statement by Philip Morris International.Uruguay, with a population of less than 3.5 million and an annual gross domestic product of about $50 billion, seems a poor match for the tobacco giant, which recorded $77 billion in sales in 2011.Amid reports that government officials were seeking a face-saving settlement, Bloomberg Philanthropies announced in late 2010 that it would fund the legal defense of Uruguay’s anti-smoking laws. New York Mayor and businessman Michael R. Bloomberg, an ardent tobacco foe, affirmed the support of his namesake charity in a call to Uruguayan president Jose Mujica.Advocates fear other countries may have a harder time standing their ground. “Bloomberg has been very generous, but his resources are not unlimited and he can’t pay to defend every tobacco regulation in every country,” said Chris Bostic, deputy director for policy for the group Action on Smoking and Health.The Uruguay case could be pivotal, said Dr. Eduardo Bianco, president of the Tobacco Epidemic Research Centre in Uruguay. “If they [Philip Morris International] succeed with Uruguay they would send a clear message to the rest of the developing countries: ‘take care about us, you can be next.’ “。
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– I want detail (I will not give you a required amount to write, but a good suggestion is 1.5 8x10 pages, double spaced, per assignment) – You can work in groups, but do your own work; meaning I do not want to read 8 papers (for example) that are exactly the same
• I will introduce each assignment in the next class after the suggested completion date of the previous assignment
– IMPORTANT: You do NOT have to turn in the assignment on the suggested completion dates. Only on the two required completion dates, listed below.
• 3) In your own words, briefly describe the law and economics school of jurisprudential thought • 4) Name two sources of law which may apply to your company. Briefly explain why. • 5) Constitutional law
– Name the product – Name the quantity and price you will charge
• 2) Sales and lease contracts – formation
– A) Is your transaction governed by Article 2 or Article 2A? – B) Describe your offer to sell, his acceptance, consideration. Does the statute of Frauds apply?
• Work together to understand the principles of the material
• The answers to these questions are not in the PPTs. More than one answer is correct – this is an analysis project, meaning you are given separate pieces of information, and you draw arguments and conclusions based on this information
• I ask you to have a notebook for the class project. Why? Because you will have time in class and breakout session to work on the project, and it is inconvenient for you to bring your computer to class. To avoid too much work at the end of the semester, transfer your work from the notebook to the Word document.
– The purpose of this is for you to analyze, but in analyzing, study the PPT slides (by applying them, you will remember them better)
• This is not easy, and I stress that you come to class ready to work – The harder you work during class time, the better you will perform on the project and exam; AND the less you have to do outside of class – Some days I will allow you to form groups in lecture, and you can discuss answers to the assignment answers while I am lecturing • I recommend that you print out the PPTs for this project, and have the questions right beside you in lectures and discussions • If you are concerned about your progress, just ask. I will review your project before the due date. However, I will not review Assignments 1-5 after November 18. – Assignments 6 and 7 (last date of review) • Assignment 6 (November 24) • Assignment 7 (December 1)
• How does the First Amendment encourage business development?
ቤተ መጻሕፍቲ ባይዱ
Assignment 2 (suggested date of completion – Tuesday, September 26)
• Build your own contract – a record of your transaction • 1) You are now in business. One buyer/customer has approached you to purchase your product.
• Due dates, format
– Part I (Assignments 1-3) – due October 14 – Part II (Assignments 4-7) – due December 2 – When you turn in the assignment, please type it out on a Microsoft Word document
– B) Commerce clause
• In commerce with other nations, which level of government will you deal? How will you know to comply with the law?
– C) First Amendment
– A) How does the action of each branch of the federal government impact your company?
• Remember the functions of each branch. The executive enforces the law, legislative creates the law, judicial interprets the law
Class Project – Business Law
Business Law, Spring 2013
Overview – Read this entire document
• • • • You will form your own company Purpose: apply the principles from lecture into a business context – Will help you understand the relationship between the law and business Have good structure – organize your work so that it is easy for me to understand 50% of your grade – Grading rubric is posted on blackboard – This means that your work should be extensive • Last year this project was 30% of the final grade. This year it is 50%. • This is YOUR work (no one else). You can work in group, but write your own thoughts. I can tell if your work is copied. Everything in this course is designed to prepare for success on this project. Take ownership of this: meaning work hard on this. Your attention and work into this project will give you a sense of pride. – You will have the opportunity to work on the project in lecture and discussion • I recommend, though, that you work on it outside of class • It is your opportunity to practice the course concepts, in preparation for the midterm and final exams