Business assignment
Question 1
The determination of the constitutionality of statutes in the United States is done by the courts which interpret and evaluate whether they are compatible with the constitutional principles. The United States Supreme Court has the power of judicial review where it can reverse statutes that are incompatible with the constitution. Nevertheless, to determine the constitutionality of a statute, several factors have to be evaluated. They include; does the statute contravene any written laws and to what extent, and does the statute limit any human rights as provided for in the constitution. Kansas passing the statute which provides that all corn must be grown and processed in a certain manner does not only breach the freedom of expression of the corn farmers but also contravenes the laws that protect these farmers from exploitation since they have not been given proof that the corn grown previously was not up to standard.
Question 2
Most incorporated businesses have tribunals where in cases of disputes arising, they refer the matters to these tribunals which hear and resolve the dispute. However, in instances where the hearing officer is not considered not to have given a correct verdict, the business as a legal entity might consider appealing the decision directly to the judicial court system. The matter is a civil suit will be handled by a civil court. The steps needed to launch the appeal include, filing a complaint with the court clerk citing the reasons why the business is appealing the decision given by the internal hearing officer and the action it wants the court to take; proving to the court that no other forms of alternative dispute resolution mechanisms can remedy the case since it failed in the business’ tribunal; the hearing officer will then be given 20 days to reply to the allegations either denying or admitting to the same; exchange of information will then be done by both parties(petitioner and respondent); The case is then tried before the judge(civil trial procedure); then the judge will give his/her verdict based on the testimonies given by the two parties, either quashing or upholding the decision of the internal hearing officer; The losing party may appeal the decision to a higher court.
Question 3
In the United States, the Foreign Corrupt Practices Act (FCPA) statute is used to prohibit company’s and individual persons from offering bribery to foreign officials to be able to expand the business nationally and internationally. Nevertheless, to foster Megatron’s growth and to avoid it running afoul with the FCPA, it needs to ensure that; it ascertains and formalises its level of FCPA risk by ensuring that all its foreign transactions are controlled, has credible interactions with foreign officials and fully complies with federal regulations for conduction of business in a foreign country. It should also ascertain anti-corruption legislations in the foreign country it needs to conduct business in for its smooth running. It should also implement and maintain an adequate set of internal audit controls. This will help in the recording of all transactions thus keeping tabs on the flow of money.