law 2

If issued by a grand jury,

such a charge is called an indictment.A grand jury does not determine the guilt or innocence of an accused patry

The principle of comity

basically refers to legal reciprocity. One nation will defer and give effect to the executive , legislative,and judical acts of another country, as long as the acts are consistant with the law and public policy of the accommadating nation.

agency proceedings

An agency itself enforces its rules. It has their own proceedings After final rules are issued , agencies conduct investigation to monitor compliance with those rules or with the requirement of the establish statute .Many agencies gather information through onsite inspecitons

In a common law sytem

teh courts independently develop the rules governing certian areas of law , such as tort and contracts. Applys to all areas not covered by statutory law. Courts may modify or even torn precdents when deemed necessary

The unitied nations commission on international trade law

has made considerable progress in establishing uniformity in international law as ti realtes to trade and commerce. Companies in foreign nations are subject to the laws of those nations Internatioanl disputes are often resolved through the court systems of foreign nations

Regulations

having a binding effect

Foreign firms that engage in dumping in the U.S

hope to undersell U.S. business and obtain a larger share of the U.S. market

Federal executive agencies

include the cabinet departments of the executive branch, which assit the president in carrying out executive funtions, and the subagencies wihtin the cabinet departments

who creates administrative agencies

Congress creates federal admisntrative agencies. By delegating some of its authority to make and implement laws, congress can indirectly monitor a particular area in which it has passed legislation . To create an administrative agency , congress passes enabling legislation, which specifies the name, purposes, functions and powers of the agency being created. Federal administrative agencies can exercise only those powers that congress has delegated to them in enabling legislation.

legislation by adminstrative agencies

Congress gives power to an agency through enabling legislation and can take power away through legislation . legislative authority is required to fund an agency, and enabling legislation usually sets certain time and monetary limits on the funding of programs. Congress has the authority to investigate . and freeze their power . The administrative procedure act provides for judicial review of most agency decisions . administrative procedure act ( APA) was to provide for more judicial control over administrative agencies . provides that courts should hold unlawful and set aside agency action

The U.S. firm and the distributor enter into a distribution agreement.

Contract sets out the terms and conditions of the distributorship , such as price, currency of payment, guarantee of supply available and method of payment.

adminstrative law

Courts hold that article I of the constitution is the basis for all administrative law. Section I of that article grants all legislative powers to congress and requires congress to oversee the implementation of all laws. Section 8 gives congress the power to make all laws necessary for executing its specified powers. Known as the delegation doctrine,Delegation doctrine holds that article I grants congress the authority to delegate some of its power by establishing administrative agencies to create rules for implementing those laws .

crimes

For a crime to exist, the guilty act must cause some harm to a person or to a property . A court can also find that the required mental state is present when a defendant is criminally reckless if he or she consciously disregards a substantial and unjustifiable risk.Criminal negligence involves the mental state in which the defendant takes as unjustified, substantial and foreseeable risk that result in harm. A defendant can negligent even if she or he was not acutally aware of the risk but should have been aware of it

A foreign state is not immune from the jurisdiction of U.S. courts in the following situations:

When the foreign state has vaived tis immunity with explictly or by implication. When the foeign state has engaged in commerical activity within the united states or in commerical activity outside the U.S that has a direct effect in the U.S. When the foriegn state has committed a tort in the U.S. or has violated certian internatinal laws

The congress cannot impose any export taxes. Congress can use a variety of other devices to restrict or encourage exports, inclding :

Export quotas- congress set export quotas on various items, such as grain being sold abroad. Restrictions on technology exports Incentives- U.S. can offer incentives and subsidies to stimulate other exports and there by aid domestic businesses.

There are no definition on what make s a rule arbitrary and capricious but the standard includes factors such as where the agency has done:

Failed to provide a rational explanation for its decision. Changed its prior policy without justification Considered legally inappropriate factors Entirely failed to consider a relevant factor Rendered a decision plainly contrary to the evidence

White collar crime:

Involves an illegal act or serises of acts committed by an indiviudal or business entity using some nonviolent means to obtain a personal or business advantage. Embezzlement- when a person who is entrusted with another another person property fruadulently appropriates it. Carried out by an employee who steal funds. Mail and wire fruad - devise any sheme that uses U.S. mail, commerical carriers , or wire with the intent to defruad the public. . Bribery - offering to give something of value to a person in an attempt to influence that person , who is usually ,but not alwasy a public offical , to act in a way that serves a private interst . ( bribery of public officals, commercial bribery, and bribery of forign offical s) .intent must must be present and proved. Bankruptcy fraud- a creditory may file a false claims agaisnt the debtor, which is a crime. A debtor may fruaduently transfer asets to favored parties before or after the petition for bankruptcy is filed. Insider trading - a person may not profit from the puchase or sale of securites based on inside information until the information is mad avialbe to the public . Theft of trade secretsand otehr intellectual property - espionage

Organized crime :

Operates illegitimately , providing illegal goods and services,. gambling, illegal narcotics. Money laundering- engaging in financial transactions to conceal the identity, source, destination of illegally gained funds Racketeering - crime to use income obtained from racketeering activity to purchase any interest in an enterprise. Acquire or maintain an interest in an enterprise through racketeering activity . conduct or participate in the affairs of an enterprise though racketeering activity. Conspire to do any of the proceeding activities.

Criminal law:

Party who brings suit - the state Wrongful act - violating a statute prohibits some type of activity Burden of proof - unanimous ( almost always ) Remedy - punishment ( fine, imprisonment , or death

Civil law:

Party who brings suit-the person who suffered harm. Wrongful act- causeing harm to a person or to a person property. Burden of proof- preponderance of the evidence Veridic- three fourth majority ( typicaly) Remedy - damages to compensate for the harm or a decree to achieve an equitable ressult

criminal liablity

Person charged with crimes may be relieved of criminal liability if they can show that their criminal actions were justified under the circumstances .Self defense is the best defense to criminal liability . deadly force is likely to result in death or serious bodily harm. Non-deadly force is force that reasonably appears necessary to prevent the imminent use of criminal force. Deadly force can be used in self defense only when the defender reasonably believes that imminent death or grievous bodily harm will otherwise result .Criminal defendants can be relived of liability by show necessity , that a criminal act was necessary to prevent an even greater harm

Public order crime:

Public drunkennes , prostitution, gambling, and illegal drug use. Normally harm only the offender. They may create an evniorment that gives rise to property

trade barriers

Restrictions on import are also know as trade barriers. The eliination of trade barriers is sometimes seen as essential to the world economic well being

immunity :

Self incrimination is guanrateed by the 5th amendment Plea bargaining

strict liablity

Strict liability crimes are offenses that do not require a wrongful mental state to establish criminal liability . The federal criminal code now lists more than four thousand crimanl offenses, many of which do not require a specifiec mental state. Strict liablity crimes are particularly common in environmental laws, laws aimed at combating illegal drugs, and other laws affecting public health , saftey , and welfare.

adminstrative trail

The administrative law just presides over the hearing and has the power to admister oaths, take testimony, rule on question of evidence and make determinations of fact. They have to be unbiased .Following a hearing ,he ALJ renders an initial order , or decision , on the case. . if nobody appeals the decision it can becomes the final order .

The court may consider such factors as the following:

The purpose of the investigation. The relevance of the information being sought The specificity of the demand for testimony or documents The burden of the demand on the party from whom the information is sought

There are two basic types of subpoenas.

The subonea ad testificnadum) is an ordianry subpoena. It is a wirt or order compelling a witness to appear a at an agency hearing. A subpoena duces tecum compels an individual or organziaiton to hand over books, papers, record or documents to the agency .

Notice of the proposed rulemaking:

When a federal agency decdies to create a new rule, the agency publishes a notice of the proposed rule making proceedings in the federal register. The APA requires an agency to make available to the public certain information , such as the key scientific data underlying the proposal..

tariff

are taxes on imports.

A crime can be defined

as a wrong against society set forth in a statue and punishable by a fine and/or imprisonment

the APA defines a rule

as an agency statement of general or particular applicability had future effect designed to implement, interpret, or prescribe law and policy

A foreign state

includes both a political subdivision of a foreign state and an instrumentality of a foreign state.

Entrapment is

a defense designed to prevent police officer or other government agents from enticing person to commit crimes in order to later prosecute them for those crimes.

The final rule:

after the agency reviews the comments, ti drafts the final rule and publishes it in the federal resister . the final rule may modify the terms of the proposed rule in light of the public comments, but if substantial changes are made , a new proposal and a new opportunity for comment are required.If an agency failed to follow proper rulemaking procedures, the final rule may not be binding

The fourth amedment protects

against unreasonalbe searhes and seizures by requiring in most instances that a search wannant be obtained before a physical search for evidence is conducted . Agencies can conduct search warnents

Sam business regulatory enforcement fairness act

allows congress to rreview new federal regulations for at least sixty days before they take effect

Most crimes require

an act of commission, a person must do something in order to be accused of a crime.

A treaty is

an agreement or constract between two or more nations that must be authorized and ratifed by the supreme power of each nation . the president has the power by and with the adivice and consent of the senate, to make treaties, provided two thirds of the senators present concur.

Exclusionary rule

any evidence obtained in violation of the constitutional rights spelled out in the fourth, fifth , and sixth amendment generally is not admissible at trial .

quoatas

are limits on the amount of good that can be imported

Independent regulatory agencies

are outside the federal executive departments ( those headed by a cabinet secretary). its run by a commision or board made up of several members, one of whom serves as the agency chair. They serve for fixed terms

exports

can take two forms: direct exporting and indirect exporting. Direct exporting, a u.s. company signs a sales contract with a foreign purchaser that provides for the conditions of shipment and payment for the goods.Indirect exporting, if sufficient business develops in a foreign country, a u.s. company may establish a specialized marketing organization their by appointing a foreign agent or a foreign distributor.Exports make up a much smaller share of annual output in the U.S. than they do in our most important trading partners. To increase U.S. exports, the obama administration created the national export initiative ( NEI) with a goal of doubling U.S. exports by 2015. an important component is the export promotion cabinet , which includes officials from sixteen government agencies and departments.

Internal customs:

cosnsit of the international customs that have evolved among nationsin their relations with one another . evidence of a general practice acepted as law

An agency enabling statue

defines its legal authority. An agency cannot regulate beyond powers granted by the statute, and it may be required to take some regulatory action by the terms of that by an agency, they often bring a lawsuit arguing that the rule was not authorized by the enabling statue and is therefore void.

Two types of admisntrative agencies:

executive agencies and independent regulatory agencies

U.S. firms

ext. Manfacturing plants abroad when they belive that by doing so they will reduce cost. A U.S. firm may license a foreign manufacturing company to use its copyrighted, patented,a or trademarked intellectual property or trade secrets. Allows the foreign firm to use an est. Brand name for a fee. The firm that receives the license can take advantage of an established reputation for quality. The firm that grant the license receives income form the foreign sales of its products and also establishes a global reputation.can also expand into internatinal markets through a joint venture. The U.S. company own s only part of the operation. The rest is owned wither by local owners in the foreign country or by another foreign enity

Corporations can be

fined or denied certian legal privileges . are liable for the crimes committed by thier agents and employees within the course and scope of thier employment . for liablity to be imposed, the prosecutor generally must show that the corporation could have prevented the act or that a supervisor had knowledge of the act . they can also be criminally liable if they are failing to perform specific duties imposed by law.Corporate directors and officers are personally liable for the crimes they commit, regardless of whether the crimes were committed for their private benefit or on the corporations behalf. Under the responsible corporate officer doctrine, a court may impose criminal liability on a corporate officer who participated in directed, or merely knew about a given criminal violation

Comment period:

following the publication of the notice of the proposed rulemaking proceedings, the agency must allow amply time for persons to comment in writing on the propose d rule.

The soverign immunity exempts

foreign nations from the jurisdiction of the u.s. courts. Known as the foreign sovereign immunities act ( FISA) .FISA exclusively governs the circumstances in which an action may be brought in the U.S. against an foreign nation, indlucidng attempts to attach a foreign nations property. A plaintiff generally has the burden of showing that a defednant is not entitled to sovereign immuity

The six amendment

guarnetes of a speedy trial, a trial by jury , apublic trial , the right to cofront witnesses, and the right to a lawyer

three sources of international law:

international cstoms, treaties and international agreements, and internatiaonl organizations and conferences

Franchising

is a form of licensing . the owner of a trademark, trade name, or copyright( the franchisor) licenses another ( teh franchisee) to use the mark, name or copyright, under certian conditions or limitations, in the selling of goods or services. Allows franchiser to maintain greater control over the buisness operation than is possible with most other licensing agreements. The franchisee pays a fee.

A bilateral agreement

is as the term implies is an agreement formed by two nations to govern their commercial exchanges or other relatiosn with one another

Adminstrative law

is created by administrative agencies,

A multilateral agreement

is formed by several nations.

ignorance of the law or a mistaken idea about what the law require

is not a vaild.

the law in islamic countries

is often influenced by sharia, the religious law of islam. Sharia is a comprehensive code of principles that governs both the public and the private lives of persons of the Islamic faith. It directs many aspects of day to day life. In some middle eastern nations aspects of sharia have been codified and are enforced by national judicial systems

dumping

is the sale fo imported good at less than fair value

The simplest way for the U.S. firms to engage in international business transactions

is to export their goods and services to foeign markets.

fair value

is usually determined by the price of the goods in the exporting country.

Confiscation

is when a government seizes private property for an illegal purpose and without jst compensation

intrepative rules

issuing interpretive rules nad guidance documents. Interpertive rules simply declare policy and do not affect legal rights or obligations.

When a U.S. firm wishes to limit its involvement in an international marekt

it will typically establish an agency relationship with a foreign firm. Firm act as the U.S. firms agent and can enter contracts in the foreign location on behalf of the principal ( U.S. company).

Misdemeanors are

less serious crimes, punishable by a fine or by confinement for up to a year.

A person who suffers from a mental illness

may be incapable of the state of mind requried to commit a crime. They get placeed in a mental institution

Petty offenses are

minor violations, such as jay walking or violations of building codes, considered to be a subset of misdemeanors. Guilty party can be put in jail for a few days, fined, both, depending on state or local law .

Property crime :

most common type of criminal activity . goal of the offender is some form of economic gain or the damaging of property . obtaining good by mean of false pretenses is a form of theft that involves trickery or false pretenses is a form of theft. Petty theft is the theft of a small quantity of cash or low value goods. Grand theft is the theft of a larger amounts of cash or higher value property . it crime a crime to receive goods that a person knows or should have known were stolen and illegally obtained . arson is the will malicious burning of a building. Forgery is the fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another Burglary- as breaking entering the dwelling of another at night with the intent to commit a felony Larceny - involves the unlawful taking and carrying away of someone else personal property with the intent to permanently deprive the owner of posseion .

Violent crime:

murder, rape, robbery. Each violent crime is further classified by degree, depending on the circumstances surrounding the criminal act.

Under the trading with the enemy act

no good may be imported form nations that have been designated enmies of the U.S. prohibit the importation of illegal drugs, books that urge insurrection agaisnt the united states, and agricultural products that pose dangers to domestic crops or animals . and good that infringe U.D. patents .

Notice and moment rule making involves three basic steps:

notice of proposed rule making, a comment period, and the final rule.

Most european nations base their legal system

on roman civil law, or code law. The term civil alw , referes not to cviila as apposed to criminal law but to codified law, an ordered grouping of legal principles enacted into law by a legislatre over a governing body

If a nation violates an international law and persuasive tactics fail

other countries or international organization have no recourse except to take coercive actions. Like econmic sanctions, severance of diplomatic relations, boycotts, and war.

The U.S. commerce department

plays a leading role in the NEI and hundred of its trade experts serve as advocates. The commerce department and other export promotion cabinet members work to promote U.S. exports in the high growth developing markets of Brazil, china, and india. Under the NEI , the export import bank of the U.S. increased the financing that it makes avialbe to small and medium sized business by 50 %

The eighth amendment

prohibition against excessive bail and fines and against cruel and unsusal punishment

the act of state doctrine

provides that the judical branch of one country will not examine the validity of public acts committed by a reognized foreign government within the later own territoy . use in cases involving expropriation or confiscation.

International law attempts to

reconccile each country need to be the final autority over its own affairs with the desire of nations to benefit econmically from trade and harmonious relations with one another .

International organziation

referes to an organization composed mainly of officials of member nations and ususally established by treaty . these organizations adopt resolutions, declarations, and other types of standards that often require nations to behave in a particular manner.

Commercial activity are

regular course of commercial conduct, transaction , or act that is carried out by a foreign state whithin the U.S

Fifth amendment

requirement that no be deprived of life liberty, or property with due process of law. Prohibition against double jeoprdy . requirement that no person be required to be a witness agsianst incrminate himself or herself

Governemt in the sushine act

requires that every portion of every meeting of an agency by open to public observation . requires the establishment of procedures to ensure that the public is provided with adequate advance notice of scheduled meeting

Freeedom of information act

requires the federal government to disclose certain records to any person of entity on written request , even if no reason is given for the request .

Regulatory flexibility act

says that whenever a new regulation will have a significant impact upon a substantial number of small entities the agency must conduct a regularity flexibility analysis

Felonies are

serious crimes punishable by death or by imprisonment for more than one year . many states also define different degrees of felony offenses and vary the punishment according to the degree.

When appicable, both the act of state doctrine and the doctrine of sovereign immunity

tend to shield foeign nations from the jrisdiction of u.s. courts . firm or individual who own property overseas have little legal protection agisnt government action in the countries where they operate

The major difference between internatinal law and national law is

that government authorities can enforce national law.

proponets of strict liablity criminal laws argue

that they are necessary to protect the public and the environment . critices say laws that criminalize conduct without any required intent have led to overcriminalization , or the use of criminal laws as the main tool to solve social problems, sch as illegal drug use. They argue that when the requirement of intent is removed, people are more likely to commit crimes unknowling

in criminal law , a prohibited act is referred to as

the actus resus, or gulity act. An act of omission can be a crime, but only when a person has legal duty to perform the omitted act, such as filing a tax return.

When a wholly owned subsidairy is established

the parent company remains in the U.S. the parent maintains complete ownership of all fo the facilitates in the foreign country ,as well as total authority and control over all phase of the operation .

the following two elements normally must exist simultanelusly for a person to be convicted of a crime .

the performance of a prohbited act ( actus reus). a specified state of mind, or intent , on the part of the actor ( mens rea)

Civil law system,

the primary sorce of law is a statutory code. Courts interpret the code and apply th erules to individual cases but courts may not depart fromt eh code and develp their won laws. Jdicial precedents are not binding , as they are in a common law sytem. The law code sets forth all of the principles needed for the legal system. Judges in civil system soften actively question witnessess

Adjustication

the process of resolving a dispute by presenting evidence and arguments before a neutral decision maker.Depending on the agency negations may involve a simple conversation or a series of informal conferences. Purpose is to rectify the problem to the agency satisfaction and eliminate the need for additional proceedings .If a settlement cannot be reached, the agency may issue a formal complaint against the suspected violator Agency adjudication may involve a trial like arbitration procedure before an administrative law judge. The APA requires that before the hearing takes place, the agency must issue a notice that includes the facts and law on which the complaint is based, the legal authority for the hearing and its time and place

Firms that invest in foeign nations face

the risk that the foreign government may expropriate the investment property .

Phishing is

the taking the financial data and passwords from consumers and posing as a legitimate business .

A nation is a sovereign entitiy

there is no higher authority to which the nation must submit

adminstrative agency powers

they exercise power than normally are divide among the three branches of government . include functions associated with the legislature ( rule making ) , the executive branch( enforcement ), and the courts ( adjudication).Administrative agencies, to which the constitution does not specially refer, can , make legislative rules, or substantive rules, that are as legally binding as laws that congress passes .Administrative agency also issues interpretive rules, which simply declare policy and do not affect legal rights or obligations

Each member of the world trade organziaton is requried

to grant normal trade relations status to other countries. Each member is obligated to treat other members at least as well as it treats the country that recives its most favorable treatment with regard to imports or exports.

Confiscating property without compensation

violates international law

Expropriation occurs

when a government seizes a privately owned business or privately owned goods for a proper public purpose and awards just compeinsation

Duress exist

when the wrongful threat of one person induces another person to perfrom an act that he or she would not otherwise have performed. Is said to negate the mental state necessary to commit a crime because the defendant was forced or compelled to commit the act