Personnel Law
Human resource managers in the twenty-first century are faced with an unprecedented intrusion of law into the workplace. The recent rise in EMPLOYMENT litigation and heightened awareness of employee rights in the last decade should signal to management that now more than ever, educating personnel executives in the trends and developments of employment law is crucial.
Personnel generally means a body of persons employed in an organization or workplace. The term is generic and doesn’t typically distinguish between classifications of those employed, such a full or part-time, temporary or permanent, etc. Precise definitions vary by entity.
Financial law
Financial law is the law and regulation of the insurance, Derivatives, commercial Banking, capital markets and Investment management sectors. Understanding Financial law is crucial to appreciating the creation and formation of banking and financial regulation, as well as the legal framework for finance generally. Financial law forms a substantial portion of commercial law, and notably a substantial proportion of the global economy, and legal billables are dependent on Sound and clear legal policy pertaining to financial transactions. Therefore financial law as the law for financial industries involves public and private law matters. Understanding the legal implications of transactions and structures such as an indemnity, or overdraft is crucial to appreciating their effect in financial transactions. This is the core of Financial law. Thus, Financial law draws a narrower distinction than commercial or corporate law by focusing primarily on financial transactions, the financial market, and its participants; for example, the sale of goods may be part of commercial law but is not financial law. Financial law may be understood as being formed of three overarching methods, or pillars of law formation and categorised into five transaction silos which form the various financial positions prevalent in finance.
For the regulation of the Financial Markets, see Financial regulation which is distinguished from financial law in that regulation sets out the guidelines, framework and participatory rules of the financial markets, their stability and protection of consumers; whereas financial law describes the law pertaining to all aspects of finance, including the law which controls party behaviour in which financial regulation forms an aspect of that law.
Administrative Law
Administrative law is the body of law that governs the administration and regulation of government agencies (both federal and state). In the U.S., Congress or state legislatures create administrative law. It encompasses the procedures under which government agencies operate, as well as the external constraints upon them. Administrative law is considered a branch of public law and is often referred to as regulatory law.
The Growth of Administrative Law
In 1885 Albert Venn Dicey, a British jurist, rejected the whole concept of Administrative law. Hence, the numerous statutory discretionary powers given to the executives and administrative authorities and control exercised over them were all disregarded to be able to form a separate branch of law by the legal thinkers. Until the 20th Century, Administrative law was not accepted as a separate branch of law. It was only later that the existence of Administrative law came to be recognised.
The Lord Donoughmore Committee, in 1929, recommended for better publication and control of subordinate legislation. The principle, King can do no wrong, was abolished and the scope of Administrative law expanded by virtue of the Crown Proceeding Act in 1947 which allowed initiating civil proceedings against the Crown as against any private person.
In the United States of America, the existence of administrative law and its growth was ignored until it grew up to become the fourth branch of the State. By then many legal scholars like Frank Goodnow and Ernst Freund had already authored a few books on Administrative law. It was in 1933 that a special committee was appointed to determine how judicial control over administrative agencies could be exercised. Thereafter, in 1946 The Administrative Procedure Act was passed which provided for judicial control over administrative actions.
Importance and role of administrative laws
The concept of a welfare state
As the States changed their nature from laissez-faire to that of a welfare state, government activities increased and thus the need to regulate the same. Thus, this branch of law developed.
The inadequacy of legislature
The legislature has no time to legislate upon the day-to-day ever-changing needs of the Society. Even if it does, the lengthy and time-taking legislating procedure would render the rule so legislated of no use as the needs would have changed by the time the rule is implemented. Thus, the executive is given the power to legislate and use its discretionary powers. Consequently, when powers are given there arises a need to regulate the same.
The inefficiency of Judiciary
The judicial procedure of adjudicating matters is very slow, costly complex and formal. Furthermore, there are so many cases already lined up that speedy disposal of suites is not possible. Hence, the need for Tribunals arose.,
Personnel Law
Personnel law is a branch of law that deals with the relationship between employers and employees. It covers a wide range of topics, including employment contracts, hiring and firing, discrimination, wages and hours, benefits, and workplace safety.
Employment contracts are agreements between employers and employees that set forth the terms and conditions of employment. These contracts can be written or oral, but it is always advisable to have a written contract in place. A written contract can help to avoid misunderstandings and disputes down the road.
Hiring and firing is another important area of personnel law. Employers must be careful not to discriminate against employees on the basis of race, color, religion, sex, national origin, age, disability, or genetic information. They must also follow proper procedures when terminating an employee’s employment.
Discrimination is another important area of personnel law. Employers are prohibited from discriminating against employees on the basis of race, color, religion, sex, national origin, age, disability, or genetic information. This Prohibition applies to all aspects of employment, including hiring, firing, pay, promotions, and benefits.
Wages and hours is another important area of personnel law. Employers are required to pay their employees at least the minimum wage and overtime pay for work that exceeds 40 hours per week. They are also required to keep accurate records of employee hours worked.
Benefits is another important area of personnel law. Employers are required to provide certain benefits to their employees, such as Health insurance, retirement plans, and paid time off. The specific benefits that are required vary depending on the size of the employer and the state in which the employer is located.
Workplace safety is another important area of personnel law. Employers are required to provide a safe and healthy workplace for their employees. This includes taking steps to prevent accidents and injuries, as well as providing training on workplace safety procedures.
Financial Law
Financial law is a branch of law that deals with the financial aspects of business transactions. It covers a wide range of topics, including accounting, Auditing, Taxation, securities regulation, and bankruptcy.
Accounting is the process of recording and reporting financial information. It is important for businesses to keep accurate financial records in order to make sound financial decisions. Accounting also helps businesses to comply with Tax Laws and regulations.
Auditing is the process of reviewing and verifying financial statements. Audits are conducted by independent auditors to ensure that financial statements are accurate and complete. Audits can also help to identify financial problems early on.
Taxation is the system of laws that govern the collection of taxes. Businesses are subject to a variety of taxes, including income taxes, sales taxes, and property taxes. It is important for businesses to understand the tax laws that apply to them in order to comply with the law and minimize their tax liability.
Securities regulation is the system of laws that govern the sale and trading of securities. Securities are financial instruments that represent ownership in a company or other entity. Securities regulation is designed to protect investors from fraud and to ensure that the securities markets are fair and orderly.
Bankruptcy is a legal proceeding that allows businesses or individuals to discharge their debts and start over. Bankruptcy can be a complex and time-consuming process, but it can be a valuable tool for businesses or individuals who are struggling with debt.
Administrative Law
Administrative law is a branch of law that deals with the powers and procedures of administrative agencies. Administrative agencies are government bodies that are created to carry out specific functions, such as regulating businesses or providing social Services.
Administrative agencies have a great deal of power, but they are also subject to a number of procedural requirements. These requirements are designed to ensure that administrative agencies are accountable to the public and that they do not abuse their power.
One of the most important procedural requirements is the requirement that administrative agencies follow notice-and-comment rulemaking procedures. This means that before an administrative agency can issue a new rule, it must give the public notice of the proposed rule and an opportunity to comment on it. This requirement helps to ensure that the public has a say in the development of administrative rules.
Another important procedural requirement is the requirement that administrative agencies provide due process to individuals who are affected by their actions. Due process means that individuals have the right to be heard before an administrative agency takes action that could harm them. This requirement helps to ensure that individuals are treated fairly by administrative agencies.
Freedom of information, open meetings, and sunshine laws are all laws that promote transparency in government. These laws require government agencies to make certain information available to the public and to hold public meetings. These laws help to ensure that the public can hold government accountable.
Criminal Law
What is criminal law?
Criminal law is the body of law that defines and punishes criminal offenses. Criminal offenses are acts that are considered harmful to society and are punishable by the state.What are the different types of criminal offenses?
There are many different types of criminal offenses, but some of the most common include murder, manslaughter, assault, battery, theft, robbery, burglary, fraud, and drug offenses.What are the penalties for criminal offenses?
The penalties for criminal offenses vary depending on the severity of the offense. Some common penalties include fines, imprisonment, and community service.What are the defenses to criminal charges?
There are a number of defenses that can be raised to criminal charges. Some common defenses include self-defense, insanity, and duress.What is the process of criminal prosecution?
The process of criminal prosecution begins when a person is arrested and charged with a crime. The accused person is then arraigned, where they are informed of the charges against them and enter a plea. If the accused person pleads not guilty, a trial will be held. At trial, the prosecution will present evidence to prove the accused person’s guilt, and the defense will present evidence to try to disprove the charges. The jury will then decide whether the accused person is guilty or not guilty. If the accused person is found guilty, they will be sentenced by the judge.
Contract Law
What is a contract?
A contract is an agreement between two or more parties that creates an obligation to do or not do something.What are the Elements of a valid contract?
The elements of a valid contract are offer, acceptance, consideration, capacity, and legality.What is offer?
An offer is a proposal to enter into a contract.What is acceptance?
Acceptance is an agreement to the terms of an offer.What is consideration?
Consideration is something of value that is exchanged between the parties to a contract.What is capacity?
Capacity is the ability to enter into a contract.What is legality?
Legality is the requirement that a contract be for a legal purpose.What are the different types of contracts?
There are many different types of contracts, but some of the most common include simple contracts, written contracts, and implied contracts.What are the remedies for breach of contract?
The remedies for breach of contract include damages, specific performance, and injunction.
Property Law
What is property?
Property is anything that has an owner and is subject to the owner’s control.What are the different types of property?
There are many different types of property, but some of the most common include real property, personal property, and intellectual property.What are the rights of property owners?
The rights of property owners include the right to possess, use, enjoy, and dispose of their property.What are the limitations on property rights?
The limitations on property rights include the government’s power to take private property for public use, the right of eminent domain, and the right of eminent domain.What are the different ways to acquire property?
There are many different ways to acquire property, but some of the most common include purchase, gift, inheritance, and adverse possession.What are the different ways to transfer property?
There are many different ways to transfer property, but some of the most common include sale, gift, lease, and mortgage.
Torts
What is a tort?
A tort is a civil wrong that results in harm to another person.What are the different types of torts?
There are many different types of torts, but some of the most common include negligence, intentional torts, and strict liability.What are the elements of a negligence claim?
The elements of a negligence claim are duty, breach, causation, and damages.What are the elements of an intentional tort claim?
The elements of an intentional tort claim are intent, causation, and damages.What are the elements of a strict liability claim?
The elements of a strict liability claim are the existence of a defect, the defect caused the harm, and the harm was foreseeable.What are the defenses to tort claims?
There are many different defenses to tort claims, but some of the most common include contributory negligence, comparative negligence, assumption of risk, and last clear chance.
Question 1
Which of the following is not a type of law?
(A) Criminal law
(B) Civil Law
(C) Administrative law
(D) Personnel law
(E) Financial law
Answer
(D)
Question 2
Which of the following is not a branch of government?
(A) Legislative branch
(B) Executive branch
(C) Judicial branch
(D) Personnel branch
(E) Financial branch
Answer
(D)
Question 3
Which of the following is not a right guaranteed by the First Amendment?
(A) Freedom of speech
(B) Freedom of religion
(C) Freedom of the press
(D) Freedom of Assembly
(E) Freedom of personnel
Answer
(E)
Question 4
Which of the following is not a power of the President of the United States?
(A) Commander-in-chief of the armed forces
(B) Veto power
(C) Power to appoint judges
(D) Power to pardon criminals
(E) Power to create personnel positions
Answer
(E)
Question 5
Which of the following is not a responsibility of Congress?
(A) Make laws
(B) Declare war
(C) Approve treaties
(D) Impeach the President
(E) Create personnel positions
Answer
(E)
Question 6
Which of the following is not a responsibility of The Supreme Court?
(A) Interpret the Constitution
(B) Hear appeals from lower courts
(C) Decide cases involving federal law
(D) Elect the President
(E) Approve treaties
Answer
(D)
Question 7
Which of the following is not a type of crime?
(A) Felony
(B) Misdemeanor
(C) Infraction
(D) Personnel crime
(E) Financial crime
Answer
(D)
Question 8
Which of the following is not a type of contract?
(A) Express contract
(B) Implied contract
(C) Void contract
(D) Voidable contract
(E) Personnel contract
Answer
(E)
Question 9
Which of the following is not a type of property?
(A) Real property
(B) Personal property
(C) Intellectual property
(D) Personnel property
(E) Financial property
Answer
(D)
Question 10
Which of the following is not a type of tort?
(A) Negligence
(B) Intentional tort
(C) Strict liability
(D) Personnel tort
(E) Financial tort
Answer
(D)