Legal, Ethical $ Social Environmet Week 5
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Meru University College of Science and Technology (MUCST) *
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Course
MISC
Subject
Law
Date
Nov 24, 2024
Type
docx
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5
Uploaded by kipketervictor40
Legal, Ethical, & Social Environment Week 5
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Institutional Affiliation
Date of Submission
Question I
Appealing a decision made by a hearing officer can be a complex and daunting process
for businesses. However, it is a crucial way to challenge an unfavorable decision and seek
justice. In most countries, including the United States, a company may appeal a decision directly
to the judicial court system (Weidinger et al., 2021). This allows businesses to have their case
reviewed by a higher authority and potentially overturn the original decision. The first step in
appealing a decision is to check the decision carefully. This will help the business understand the
reasoning behind the decision and identify potential grounds for an appeal. This step is crucial as
it will allow the company to determine if it is worth pursuing the appeal.
Once the decision has been reviewed, the business must determine the appropriate court
to appeal. This will depend on the nature of the case, as some patients may need to be heard in
state courts, while others might require federal courts (Tiedemann, 2021). Filing the appeal with
the correct court is essential to avoid delays or complications. Next, the business must file a
notice of appeal with the appropriate court within the specified period, usually 30 days from the
decision date. This notice must include the grounds for the request, a copy of the hearing officer's
decision, and any other relevant documents. In addition, the business must pay an appeal fee and
file any other necessary documents per the court's rules.
After the notice of appeal has been filed, the business must serve the opposing party with
a copy of the information and all other relevant documents (Menell, 2019). This ensures the
opposing party can respond to the appeal and present their arguments. In some cases, the court
may require the parties to attend a pre-hearing conference to discuss the request and attempt to
resolve any disputed issues. This allows both parties to settle before the case proceeds further
potentially.
If the court schedules a hearing for oral arguments, both parties will have the chance to
present their views and respond to questions from the judges. The court will decide after
carefully reviewing all the evidence and ideas (Lu et al., 2020). This decision may affirm,
reverse, or remand the original decision to the hearing officer for further proceedings. If the
business is unsatisfied with the court's decision, it may consider filing an appeal to a higher
court, such as a court of appeals or a Supreme Court. However, the appeals procedures to a
higher court may vary depending on the jurisdiction.
Question II
There are several defenses that the corporation can use in response to the request for
business documents related to their overseas operations under the FOIA (De Olde & Valentinov,
2019). These defenses may include exemptions under the FOIA law, protection of trade secrets,
and national security concerns. Firstly, the corporation may argue that the requested documents
fall under one of the nine exemptions listed under the FOIA law. These exemptions include
national security, internal personnel rules, confidential business information, and interagency or
intra-agency communications. The corporation can argue that disclosing these documents could
potentially harm its business operations, competitiveness, and the safety and security of its
overseas operations.
Secondly, the corporation may claim the protection of trade secrets as a defense against
disclosing certain business documents (Carroll & Brown, 2022). Trade secrets are confidential,
commercially valuable information that gives a business a competitive advantage. The
corporation can argue that revealing this information would harm its competitive position in the
market and offer its competitors an advantage.
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Finally, the corporation may also invoke national security concerns as a defense against
disclosing certain business documents (Carter et al., 2020). Suppose the requested documents
contain sensitive information related to national security or the country's foreign policy. In that
case, the corporation can argue that disclosure would threaten the country's safety and security.
They may also say that the requested documents could compromise ongoing operations and
jeopardize the safety of their employees working overseas. Moreover, the corporation may also
argue that they are not subject to the FOIA because they are private companies and not
government agencies. The FOIA law primarily applies to federal agencies and does not typically
cover private companies, except in certain circumstances.
References
Carroll, A. B., & Brown, J. (2022). Business & society: Ethics, sustainability & stakeholder
management. Cengage Learning.
Carter, S. M., Rogers, W., Win, K. T., Frazer, H., Richards, B., & Houssami, N. (2020). The
ethical, legal and social implications of using artificial intelligence systems in breast
cancer care. The Breast, 49, 25-32.
De Olde, E. M., & Valentinov, V. (2019). The moral complexity of agriculture: A challenge for
corporate social responsibility. Journal of Agricultural and Environmental Ethics, 32,
413-430.
Lu, J., Ren, L., Zhang, C., Rong, D., Ahmed, R. R., & Streimikis, J. (2020). Modified Carroll's
pyramid of corporate social responsibility to enhance organizational performance of
SMEs industry. Journal of Cleaner Production, 271, 122456.
Menell, P. S. (2019). The limitations of legal institutions for addressing environmental risks. In
Environmental Law (pp. 167-187). Routledge.
Tiedemann, P. (2021). Are there moral duties toward refugees? Considerations in legal ethics.
Laws, 10(1), 4.
Weidinger, L., Mellor, J., Rauh, M., Griffin, C., Uesato, J., Huang, P. S., ... & Gabriel, I. (2021).
Ethical and social risks of harm from language models. arXiv preprint arXiv:2112.04359.