In this scenario, Delilah and I have an agency relationship. “In an agency relationship between two parties, one of the parties, called the agent, agrees to represent or act for the other, called the principal (Miller, Hallowell, 2011). In this case, I am the principal and Delilah is my agent. Meaning, we both agree that she will act on behalf and instead of me in negotiating and transacting business with third parties. An agent is also empowered to perform legal acts that are binding on the principal and can bind a principal in a contract with a third person.
Consequently, shareholders have no flexibility to alter their legal treatment with respect to one another, with respect to the corporation, and with respect to outsiders” (15-3). However, states provide default provisions for LLC’s and allow members the flexibility to alter arrangements based on their management style and desired outcomes. Corporations also require onerous fees and organizational requirements that must be met. LLC’s have fewer formalities, do not require board meetings and do not impose strict organizational reporting requirements. Tax considerations are also an important part of forming a business and play a significant part when choosing an entity.
An agency relationship is where a principal engages an agent to carry out various duties on his or her behalf. This relationship involves delegating decision making powers to the agent by the principle; hence trust is a fundamental requirement for it to succeed. In this scenario, I’m known as the principal and Delilah is known as the agent. Our agreement is that Delilah will negotiate the contract for wood pulp with the third parties. When determining the liability of the contracts made by the agent, the liability is based on whether or not the identity of the principal was made known to the third party at the time the contract was being negotiated.
Criminal Law Foundations Evaluation If laws were not in place, individuals could not hold onto their individual properties. Social life would be impossible without laws to help control the way people behave, think and treat each other while in public and private locations. Criminal laws were designed to reflect the accepted behavior in a community, such as morals and the criminal act itself, or Mens Rea and Actus Reus. Thus when people break the law and are caught, the accused are provided certain constitutional rights. Criminal law consists of bodies of regulations and rules that will specify and define the punishments for the wrong committed against society or the state.
An corporations liability is limited to its assects, so the owner or the shareholders are protected from personal claims unless they commit fraud. Now because Tom did not follow the law of an incorporation by having corporate minutes his company has commited fraud. The court will see a case of fraud and In my opinion will lose the
in distinguishing an employee from an independent contractor"); Merchants, 580 F.2d at 972-73 (same); Restatement (Second) of Agency § 220 (1957) (common law agency principles). Although courts must look to the totality of the circumstances, "[t]he essential ingredient of the agency test is the extent of control exercised by the `employer.' It rests primarily upon the amount of supervision that the putative employer has a right to exercise over the individual, particularly regarding the details of the work." SIDA, 512 F.2d at 357(internal quotation marks and citation omitted). Additional factors that are relevant to this determination include "entrepreneurial aspects of the individual's business; risk of loss and opportunity for profit; and the individual's proprietary interest in his business."
Are there any disadvantages? Please explain. Companies limited by shares Advantages Disadvantages Members have limited liability Expensive to set up and maintain Separate legal entity Limited management roles for members Transferability of shares Control of the company can change Continuous life Strict reporting and disclosure requirements Taxation benefits Penalties imposed on defaulting officers Easier access to capital More onerous legal compliance issues Partnerships Advantages
● The exclusionary rule is the main remedy that will be focused on throughout the remainder of this book. It requires that evidence obtained in violation of certain constitutional amendments (notably the Fourth, Fifth, Sixth, and Fourteenth) be excluded from the criminal trial. Exceptions to the exclusionary rule have been recognized in cases in which (1) the police acted in good faith but nonetheless violated the Constitution and (2) the prosecutor sought to impeach a witness at trial by pointing to contradictions in his or her out-of-court statements, even if such statements were obtained in an
What if the law includes a duty to rescue requiring an individual to help another if he or she is able? • Should vigilantism be permitted when the criminal justice system fails? • Historically, in your opinion, has civil disobedience been effective in changing the law? • What conditions exist in the various professions, other than criminal justice professions, that contribute to the commission of unethical behavior? Consider the business and corporate sectors, medical professions, religious authorities, retail establishments, construction industry, insurance industry, banking, education, professional sports, research, pharmaceutical companies, and politics.
The contrast to the is the Due Process Model in which is directed to the people of society and the rights, liberties and far justice for all, in which people are worried it limits the power that that state and federal government has on the proceedings in the criminal court system. The Crime Control Model has different priorities by look more towards the state and federal governments to protect society and does not care of the individual liberties. The Due Process model and The Crime Control Model are two different ways that people view the criminal court system. Each side has it supporters and can raise a valid argument as to which one works and to which one does not