Law

Question 1

Global law can be seen as

Answer 1

Expressions of what a culture values and how it thinks

Question 2

Major types of world legal systems

Answer 2

• Civil law
• Common law
• Religious law

Question 3

Civil law

Answer 3

• Legal system based on written codes (laws, rules, or regulations)
• Approved by legislative bodies

Question 4

Civil law is applied

Answer 4

• Deductively in each case, starting from the abstract rule that has been stated in nation’s civil law code
• Each judicial actions bound to the law
• Laws are not affected by judicial decisions

Question 5

Most prevalent form of law

Answer 5

Civil law

Question 6

Common law

Answer 6

• Legal system in which each case is considered in terms of how it relates to legal decisions that have already been made
• Evolves through judicial decisions over time.
• Can be codified

Question 7

Common law changes

Answer 7

Series of cases in which analyses may differ and may change over time

Question 8

Religious Law

Answer 8

• Based on religious beliefs and conventions
• A mixture of written codes and interpretations by religious scholars
• Employers may be expected to comply with local religious laws.

Question 9

Rule of law

Answer 9

• No individual is beyond the reach of the law ‘
• Authority is exercised in accordance with written and publicly disclosed laws.
• Restrains governments from abusing their power to deprive citizens their rights

Question 10

Rule of law considerations for organizations

Answer 10

Degree the rule of law is in a particular region - if laws to protect enterprise are in place and if they are enforced

Question 11

If rule of law existis

Answer 11

There is greater predictability and less risk

Question 12

Due process

Answer 12

• Laws are enforced only through accepted, codified procedures
• Therefore avoids arbitrary treatment and abuse of power.

Question 13

Jurisdiction

Answer 13

• The right of a legal body to exert judicial authority over a region, subject matter, or individual.
• Think location

Question 14

Territorial jurisdiction

Answer 14

• Allows a legal body to decide cases involving any activity that occurs within its borders (with certain exceptions).
• Host- rather than home-country laws may apply to corporate activities.

Question 15

Conflict of laws in jurisdiction

Answer 15

Occurs when the laws of two or more jurisdictions with ties to a lawsuit differ and in which the outcome of the case may depend on which jurisdiction’s laws are applied.

Question 16

Forum or jurisdiction shopping

Answer 16

When plaintiffs seek to bring their suit in a jurisdiction more likely to be sympathetic to their claims.

Question 17

Forum or jurisdiction shopping is rarely effective when

Answer 17

Employment contracts are concerned, since residency laws favoring the jurisdiction in which the work is actually done tend to prevail.

Question 18

Level of law includes

Answer 18

• National
• Subnational
• Extraterritorial
• Regional/supranational
• International

Question 19

National level of law

Answer 19

Laws enacted by the highest or federal legislative bodies of a country Intended to apply across the entire nation.

Question 20

Subnational level of law

Answer 20

• Municipalities, states, provinces, or regions within a nation.
• The relationship between subnational and national laws can be complex.
• Ex: States in the U.S. Federal

Question 21

Extraterritorial level of laws

Answer 21

Extend the power of a country’s laws over its citizens outside that country’s sovereign national boundaries

Question 22

Extraterritorial level of law for employees

Answer 22

Can affect assignee or employees travailing for work

Question 23

U.S. extraterritorial laws apply to

Answer 23

• Operations within the U.S.
  
  • Even by a non-U.S.-owned organization and even if an organization’s employees are not U.S. citizens
• U.S. citizens (and sometimes non-U.S. citizens as well) working abroad for U.S. companies.
• Non-U.S. organizations doing business with U.S. organizations. (An example would be economic sanctions imposed on a foreign country’s banks for political reasons.)

Question 24

Regional/supranational level of law

Answer 24

Binding agreements among nations of a region.

Question 25

How is European Union a regional/supranational level of law

Answer 25

Is a political and well as economic organization.

Question 26

Primacy or supremacy.

Answer 26

Regional or supranational rules may supersede conflicting national laws among participants

Question 27

International law

Answer 27

Involves both the relationships between nations and the treatment of individuals within national boundaries. Applyin a country only when a country has ratified a related treaty or agreement HR professionals may work in countries that have joined these treaties or in organizations that have voluntarily accepted those legal practices as organizational standards