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Legal Analysis for Engineering Company
Words: 815 Length: 3 Pages Document Type: Case Study Paper #: 50316017
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The exemption status of the employee's position thus changes when the docking occurs, making them non-exempt, and thereby eligible for overtime for all extra hours worked" (Dorf 1994). By docking the pay of salaried workers, the company was effectively treating them as salaried employees (hence the restitution of their pay).

The employees who did work the full forty hours, however, are claiming that in doing so the company revoked their exempt status as well and because they worked more than their colleagues, they effectively worked 'overtime.' However, there are significant differences between the case of the engineering firm and that of Martin vs. Malcolm Pirnie Inc. The engineering company did act fairly in retroactively restoring pay, in an effort to comply with the FLSA by treating the workers as salaried, rather than unsalaried employees. The status can be revoked when the company treats exempt employees like nonexempt employees, but in…

References:

Wages and hours worked: Minimum wage and overtime pay. (2012, June 2). Retrieved from Department of Labor:  http://www.dol.gov/compliance/guide/minwage.htm 

Dorf, P.R. (1994, June 2). Classify jobs properly to avoid overtime trap. Retrieved from HR Magazine.:  http://www.compensationresources.com/press-room/classify-jobs-properly-to-avoid-overtime-trap.php 

Kandilov, I.T. (2009). Do exporters pay higher wages? plant-level evidence from an export refund policy in chile. The World Bank Economic Review, 23(7), 269-294.

Walsh, D.J. (2010). Employment law for human resource practice. Mason, OH.

Legal Research and Argument to Begin the
Words: 2020 Length: 7 Pages Document Type: Case Study Paper #: 98053890
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Legal esearch and Argument

To begin the research for this case and the argument that follows, one must first examine the case and determine what is essential. It is assumed that the engineer was negligent because he should have known about the circular which advised that further structural support would be required for the type of building he was constructing. It is not enough to rely upon 20 years-worth of experience in the field because situations change which may negate all of that experience. Thus, this does not seem to be a legitimate argument for the engineer. It could be argued that the engineer was not made aware of the circular and that this was not his negligence but the persons who filed the document before he had seen it. Unfortunately, this would seem to be immaterial because it is the engineer's responsibility to stay abreast of important changes within…

References

Brickhill v Cooke (1984) 3 NSAWLR 396.

Carosella v Ginos & Gilbert Pty Ltd. (1981) 27 SASR 515.

Hadley v. Baxendale, (1854) 9 Exch. 341, 156 Eng. Rep. 145.

Lenz, C. (2012). Guide to identification of construction defects. Retrieved from http://www.lenzmoreton.com.au/news.php?id=384&cat=general&lenz=41441761 925f2aa1e28a17500c9c2cd4

Legal Implications Expansion into Mexico
Words: 2514 Length: 8 Pages Document Type: Memorandum Paper #: 58293532
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Memorandum
In Brief
It is important to note, from the onset, that there are many commercial benefits that our company could reap by expanding internationally. Thus, the expansion into Mexico is not only timely, but also well considered. However, in engaging in the said expansion, the company ought to be aware of the pertinent aspects of both the U.S. and Mexican law. It is with this in mind that this memo highlights the most likely compliance issues or concerns in as far as the various aspects of law and ethics specific to Mexico are concerned.
Pertinent Aspects of U.S. Law
There are a number of laws and certain legal provisions specific to our expansion into Mexico. Key amongst these include, but they are not limited to; USMCA (which replaced NAFTA a month ago), Customs and Border Protection (CBP) laws, and laws relating to engagement in corrupt practices and money laundering.…

References
Deloitte (2019). 1.0 Investment Climate. Retrieved from  https://www2.deloitte.com/content/dam/Deloitte/cn/Documents/international-business-support/deloitte-cn-csg-a-guide-to-investing-in-mexico-2019-en-190428.pdf 
Department of Justice (2020). Foreign Corrupt Practices Act. Retrieved from  https://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act 
Gomez, O.D. (2018). Labour and Employment Compliance in Mexico. New York, NY: Wolters Kluwer.
Graycar, A. (2020). Handbook on Corruption, Ethics and Integrity in Public Administration. Northampton, MA: Edward Elgar Publishing.
Human Rights Watch (2020). Mexico Events of 2019. Retrieved from  https://www.hrw.org/world-report/2020/country-chapters/mexico 
Stuart, O. (2018). How Will the Shift from NAFTA to USMCA Affect the Auto Industry? Retrieved from  https://www.industryweek.com/the-economy/article/22026500/how-will-the-shift-from-nafta-to-usmca-affect-the-auto-industry 
U.S. Equal Employment Opportunity Commission – EEOC (2020). Employee Rights When Working for Multinational Employers. Retrieved from https://www.eeoc.gov/laws/guidance/employee-rights-when-working-multinational-employers
U.S. Department of State (2019). U.S. Relations with Mexico. Retrieved from  https://www.state.gov/u-s-relations-with-mexico/

Memo of Potential Liability of a Negligence
Words: 2078 Length: 7 Pages Document Type: Paper #: 12522052
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Liability of a Negligence

Judy Taylor

From: Smith & Associates LLP

Seeking Legal Advice whether the school has a Potential Liability for a Negligence

DEFINING THE ISSUE

Under N.Y.S.3d 307, does Montauk High School has potential liability for a negligence of supervision of the school student? The issue is to investigate whether Montauk High School can be accused of negligence of the student wounded by the other student.

Short Answer

No, the Montauk High School has no potential liability for Andrew Miller, a 9th Grader because school has already suspended the student out the school, and the incident happens outside the school's premises.

Statement of Facts

On September, 2015, the Montauk High School received a letter from Andrew Miller parents threatening the school a lawsuit. The school wants an advise in order to decide whether the school needs to offer a quick settlement to avoid a legal battle with the…

Reference

Law Office Memo. (2015). Smith & Associate LLP.

Arnold, C.W. (2015). Fundamental of Law Practice: Writing, Analysis, Research and Skills. Law Office Memo.

Sexual Harassment Legal Case Study
Words: 934 Length: 3 Pages Document Type: Research Paper Paper #: 61901205
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Legal Brief

McCurdy v. Arkansas State Police, 375 F. 3 762 (8th Cir. 2004)

Type of Action

The case covered in this legal brief was the case of an employee of the Arkansas State Police, that being McCurdy, filing an action against the State of Arkansas in the form of the Arkansas State Police, that being her employer. Ms. McCurdy was trying to hold the Arkansas State Police liable for the sexual harassment of her supervisor. The case in this legal brief was argued before the United States Eight Circuit Court of Appeals (Leagle, 2014).

Facts of the Case

Jamie McCurdy, while being an employee of the Arkansas State Police, was subjected to about an hour of sexual harassment. The harassment in question was explicitly banned and disallowed as a matter of policy with the Arkansas State Police. On the Friday in which the harassment occurred, Sergeant Hall (McCurdy's supervisor)…

References

IntroLaw. (2014, May 30). Summary: McCurdy v. Arkansas State Police, 375 F.3d 762 (8th Cir. July 23, 2004). Summary: McCurdy v. Arkansas State Police, 375 F.3d 762 (8th Cir. July 23, 2004). Retrieved May 30, 2014, from  http://www.introlaw.com/ed/cs/8th/04/080704mc.html 

LawMemo. (2014, May 30). Employment Law Memo sample. Employment Law Memo sample. Retrieved May 30, 2014, from http://www.lawmemo.com/sample/e20040726.htm

Leagle. (2014, May 30). McCURDY v. ARKANSAS STATE POLICE | Leagle.com. McCURDY v. ARKANSAS STATE POLICE | Leagle.com. Retrieved May 30, 2014, from  http://www.leagle.com/decision/20031257275FSupp2d982_11161

Manager's Behavior Memo Management Behavior Imagine a
Words: 892 Length: 3 Pages Document Type: Essay Paper #: 15718537
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MANAGE'S BEHAVIO MEMO

Management Behavior Imagine a midlevel sales manager InterClean, Inc. -level managersunder responsibility. In response a merger place EnviroTech, instructed

HM/531

InterClean Sales Managers

Overview of Manager's Behavior

With the upcoming merger after InterClean, Inc. acquired EnviroTech, the managers' role will be to ensure a smooth merger and their role during this merger is very important for its success. To ensure that the company meets its post-acquisition goals, the managers' abilities to manage the upcoming changes skillfully is required. Most managers are not aware of how their behavior affects the employees. The success of this merger and employee productivity is critical, and managers should know its success lies in the relationship between employee performance and leadership behavior Norgard & Skodvin, 2002.

Modeling the way is one of the methods to ensure employee productivity according to a study in employee effectiveness and leadership behavior. Therefore, to have productive employees,…

References

Larsson, R., & Finkelstein, S. (1999). Integrating Strategic, Organizational, and Human Resource Perspectives on Mergers and Acquisitions: A Case Survey of Synergy Realization. Organization Science, 10(1), 1-26.

Norgard, J.D., & Skodvin, O.-J. (2002). The Importance of Geography and Culture in Mergers: A Norwegian Institutional Case Study. Higher Education, 44(1), 73-90.

Poor Website -- Informal Memo Purpose
Words: 1057 Length: 3 Pages Document Type: Essay Paper #: 73939993
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Poor ebsite -- Informal Memo

Purpose / Opening Statement

It is difficult to know how many new websites are being put up every day but clearly the numbers are enormous. Meanwhile, the purpose of this paper is to locate a spiritually-related website that needs changes; also, the purpose is to evaluate it. Hence, in advance it should be clear that when looking for a spiritually-related website on the Internet, a user wants a site that clearly spells out what it offers, is user-friendly as far as links and has an obvious informative purpose with credibility. In that regard, the website called "Constellation Seven" is among the most cluttered, confusing, prosaic and artistically disastrous to be found on the eb. This paper discusses this terrible website and suggests how it could be made better and more usable.

Research Method

By going into Google and typing in "the worst websites" or "websites…

Works Cited

Common Sense Media. (2013). Lesson: Identifying High-Quality Sites (6-8). Retrieved

March 12, 2013, from  http://www.commonsensemedia.org .

Constellation 7. (?) Constellation Seven / Revelation Ministries / For Christ Jesus / The Son of God. Retrieved March 12, 2013, from  http://constellation7.org .

Hasan, Layla (2011). Assessing the quality of web sites. Science Direct. Retrieved March 12,

T C Memo 2010-54 Court Decision
Words: 548 Length: 2 Pages Document Type: Research Paper Paper #: 871757
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T.C. Memo 2010-54: The court decision located at T.C. Memo 2010-54 is that of David J. And Letitia B. Crawford v. Commissioner of Internal evenue, appearing as the petitioners and respondent respectively.

The Court that Heard the Case: The United States Tax Court. This particular court according to aabe, Whittenburg, Sanders, Sawyers, and Gill (2011) hears and determines Federal tax cases. In the words of the authors, "its jurisdiction is limited to cases concerning the various Internal evenue Codes and evenue Acts that were adopted after February 26, 1926" (aabe et al., 2011, p. 156).

The Judge(s): B.L. Garber

Case Decided on: March 22, 2010

Issues Involved:

The respondent in this case discovered a deficiency of $2, 230 in the Federal income tax of the petitioners for the year 2006 (U.S. Tax Court, 2010). As the court further points out, the deficiency was, essentially, "attributable to the respondent's disallowance of…

References

Raabe, W., Whittenburg, G., Sanders, D., Sawyers, R., & Gill, S. (2011). Federal Tax Research (9th ed.). Mason, OH: Cengage Learning.

United States Tax Court. (2010). David J. And Letitia B. Crawford Petitioners v. Commissioner of Internal Revenue, Respondent. Retrieved from  http://www.ustaxcourt.gov/InOpHistoric/craw3ford.TCM.WPD.pdf

Accounting Case Study Legal Plan Services What
Words: 1115 Length: 4 Pages Document Type: Case Study Paper #: 37990038
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Accounting Case Study

Legal Plan Services

What type of product is Legal Plan Services selling? Tangible or intangible? What type of benefits does the client receive for his membership?

The kind of products that Legal Plan Services is selling is legal representation for civil litigation. The way the company's approach works is to provide customers with access to some of the top law firms for purchasing a membership. The services are considered to be intangible because this is not something that can be physically held. The benefits that the client receives are the ability to consult with any one of the attorneys from affiliate firms for free. This involves select cases including: personal injury, tax, criminal and civil related issues. If the client goes beyond a certain amount of hours is when the membership will provide a 25% discount on the firm's hourly rate. ("Intangible")

What accounting concepts, objectives, and…

References

"Generally Accepted Accounting Principles." CPA Needed, 2011. Web. 3 Feb. 2012.

"Intangible." The Free Dictionary, 2012. Web. 3 Feb. 2012

"Pro Forma." Investopedia, 2012. Web. 3 Feb. 2012

Briner, Russell. "Revenue Recognition." CPA Journal, 2001. Web. 3 Feb. 2012.

Consumer Protection Memo
Words: 685 Length: 7 Pages Document Type: Essay Paper #: 56404843
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Consumer Protection

Memo: Consumer Protection

In their article in the Harvard Business Review, Robinson, Viscusi & Zeckhauser (2016) argue that consumer warning labels are not effective. They resoundingly assert that the labels do not communicate adequate information for consumers, especially in terms of benefits and risks. Essentially, the current labeling system is miserably ineffective in differentiating between significant and insignificant risks, or between "wolves" and "puppies" as the authors put it. Most of the consumer warning labels place the same emphasis on both small and huge risks. Such a warning system, according to the authors of the article, is of little benefit to the consumer. In the long-term, consumers tend to disregard warnings as they come across considerably more insignificant risks (puppies) than significant risks (wolves). In other words, treating both minor and major risks with the same weight tends to increase consumers' skepticism about warnings, which may cause truly…

Ethical and Legal Issues Related to Product Safety Marketing and Intellectual Property
Words: 1676 Length: 5 Pages Document Type: Research Paper Paper #: 34100951
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Marketing, Product Safety, and Intellectual Property

Legal and ethical considerations

Ethical issues

PharmaCAE intentionally bypassed the Food and Drug Administration when it established CompCAE a compounding pharmacy. This was done in order to avoid FDA scrutinization, which indicates that the company was aware of the side effects that the drug would have on patients. By evading FDA scrutiny and approval, PharmaCAE was able to sell the new formulation on a prescription basis without the need to seek approvals. CompCAE was not supposed to market directly to consumers, but it still conducted direct marketing to consumers and hospitals. Furthermore, the company encouraged doctors to fax them lists of fictitious patient names. This was done to demonstrate that the company was not selling directly to consumers, but rather it was doctors who were prescribing the drug to the patients.

When reports started surfacing indicating that the drug was causing heart attacks, the…

References

Halbert, T., & Ingulli, E. (2011). Law and ethics in the business environment. Boston, MA: Cengage Learning.

Kim, Y.K., Lee, K., Park, W.G., & Choo, K. (2012). Appropriate intellectual property protection and economic growth in countries at different levels of development. Research policy, 41(2), 358-375.

Liu, W., KNOx, C.A., & Brushwood, D.B. (2013). Discretion of the Food and Drug Administration to enforce compounding rules. AMERICAN JOURNAL OF HEALTH-SYSTEM PHARMACY, 70(17), 1538-1543.

Peffer, S.L., Bocheko, A., Del Valle, R.E., Osmani, A., Peyton, S., & Roman, E. (2013). Whistle Where You Work? The Ineffectiveness of the Federal Whistleblower Protection Act of 1989 and the Promise of the Whistleblower Protection Enhancement Act of 2012. Review of Public Personnel Administration, 0734371X13508414.

Compliance Project This Memo Serves as a
Words: 1289 Length: 4 Pages Document Type: Term Paper Paper #: 27604347
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Compliance Project

This memo serves as a summary and a justification of the training associated with the current compliance project that is underway with Acme Corporation. This report will contain the name of the project, a brief description of the project, an identification of the stakeholders directly or indirectly involved in the project, the overall objective and expected or desired outcomes of the project, how success will be determined and defined and what is needed to decipher the value of the project to the organization.

The main reason this project is being under-taken is that Acme is in a very compliance-intensive industry, both as it pertains to Acme's own compliance concerns as well as that of the clients we serve who expect us to help them remain compliant with the law as we implement services for them.

ather than having a disjointed and, at times, disorganized set of compliance activities…

References

EPA. (2013, October 11). U.S. Environmental Protection Agency. U.S. Environmental Protection Agency. Retrieved October 11, 2013, from  http://www.epa.gov 

Entis, L. (2013, October 11). Company Turns 'Unsexy' Corporate Compliance Training on Its Head| Reuters. Business & Financial News, Breaking U.S. & International News | Reuters.com. Retrieved October 11, 2013, from  http://www.reuters.com/article/2013/10/11/idUS423903544220131011 

GAO. (2013, October 11). U.S. GAO - Organizational Transformation: Enterprise Architecture Value Needs to Be Measured and Reported. U.S. Government Accountability Office (U.S. GAO). Retrieved October 11, 2013, from  http://www.gao.gov/products/GAO-12-791 

IRS. (2013, October 11). Internal Revenue Service. Internal Revenue Service. Retrieved October 11, 2013, from  http://www.irs.gov

Tax Memo Tax Research Memorandum Lauren Smith
Words: 562 Length: 2 Pages Document Type: Case Study Paper #: 57133689
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Tax Memo

Tax esearch Memorandum

Lauren Smith

From: Tax Accountant, CPA

You incurred $15,000 of educational expenses over the past year in pursuit of your MBA, part of your professional development as a practicing egistered Nurse and nursing administrator. Your employer does not offer an educational expense reimbursement program, and you wish to claim these educational expenses as business expenses in order to claim greater tax deductions. You have worked in numerous administrative positions in your capacity as a nurse, and feel that the pursuit of an MBA was a clear part of your career development.

The only issue is whether or not the education you received at the expense of $15,000 can be deemed work-related education as defined and applied by the IS, which recognizes such expenses as business expenses for employees. If the education can be deemed work-related according to IS rules and definitions, the deduction of the…

References

IRS. (2011). Tax Benefits for Work-Related Education. Accessed 25 March 2012.

 http://www.irs.gov /publications/p17/ch27.html#en_US_2011_publink1000173988' target='_blank' REL='NOFOLLOW'>

short answer legal case
Words: 416 Length: 2 Pages Document Type: Case Study Paper #: 58820882
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Columbia Rules of Professional Conduct (RPC)

Fee splitting Agreement between Mr. Dark and Mr. Pasada

(i) Is the fee-splitting agreement between Mr. Pasada and Mr. Dark enforceable?

No, unfortunately for Mr. Pasada the fee-splitting agreement is not enforceable under Rule 701.2 (g) of the Columbia Rules of Professional Conduct (RPC). This rule is intended to protect the client and is not the right argument to be made for a lawyer's protection by Mr. Pasada in these circumstances.

(ii) Did the letter signed by Mr. Tomas constitute consent?

No, this letter does not constitute consent. Mr. Tomas's signature on the letter merely acknowledges that he received it, read it, and understood its contents. The letter does not ask for consent to the agreement, nor does it imply that Mr. Tomas has consented in any way; it merely established that the letter was received.

What was the legal effect of the memo…

Inner Office Memo Editing and Enhancing Inneroffice
Words: 870 Length: 3 Pages Document Type: Corporate Paper #: 89772121
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Inner Office Memo Editing and Enhancing

Inneroffice Memorandum

Mrs. Alexander, Senior Partner

FROM: Brandon Lee, Junior Counsel

RE: Mrs. Alexander Denise - Galactica National Bank, Et. al.

Fact Summary:

Miss Alexis Denise had bank accounts with Gallactica National Bank. In July of 2011, she discovered that she was missing a check. In order to protect her account and inform the bank of the missing check, she requested, and the bank agreed to place a stop payment on the check. The bank, did not honor this request and as a result the check was fraudulently used by Whitney Spears. The check cleared the bank resulting in $50,000 missing from Miss Denise's account. As the result of the missing funds, multiple checks written by Miss Denise were dishonored for insufficient funds leading to hostile collection calls from the Gimme Finacial Credit Card Company and a repossession that ended with a melee and…

Ethical and Legal Considerations Intellectual property and product'safety
Words: 1846 Length: 5 Pages Document Type: Essay Paper #: 60943371
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Business operations are deemed viable of they succeed in establishing conditions that guarantee safety for its product consumers. Specified standards are applied by business entities to attain such viability. These considerations are critical in product safety, intellectual property, and marketing in general. If a company or business entity violates any of the aspects mentioned, it stands a high risk being caught in a web of ethical and legal complications that might destroy it. PhamaCARE finds itself in such a precarious predicament owing to its blatant violation of a number of legal and ethical standards. There were both ethical and legal problems that impacted on its clients and businesses. Investigating behavior is paramount in uncovering issues related to legal and ethical problems of any business entity.

Pursuant to the scenario above, identify three (3) legal issues and problems PharmaCARE has in relation to marketing and advertising, intellectual property, and regulation of…

Chick Does Not Have a Legal Basis
Words: 3284 Length: 10 Pages Document Type: Term Paper Paper #: 48925593
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Chick does not have a legal basis for a case, neither does the injured Per L. Eyzed. This is because Chick was on lunch when she hit someone. She was technically not on duty. She "stopped" for lunch and then hit Per with her bike. Also another thing to note is if the bike is owned by the company? Additionally, Chick was not paid under her internship with the security firm, proving anything owned and done by Chick was through her choice and money.

The bike is in fact owned by Chick. This also further helps prove that the case is unfounded. If per chance the bike was a company owned bike, perhaps the injured Per could sue, but because at the beginning, Chick stated she chose to bike to work with her bicycle, proving she is in direct possession of her bike. Since she does not have any money,…

Developing a Memo Using the Toulmin's Model of Argument
Words: 1266 Length: 4 Pages Document Type: Essay Paper #: 47836545
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Toulmin's Model of Argument Analysis

Connection of Wilsonian and Hamiltonian Traditions

Hamiltonians is the first U.S. secretary of Treasury who believes that the central purpose of American foreign policy is to promote foreign trade as well as securing a stable national market economy. On the other hand, Wilsonians doctrine states that the promotion of international law involves using the World Court and United Nations for the promotion of permanent international peace. Kettl, (2015) points out that the Wilsonian and Hamiltonian traditions frame the classical approach of American public administration, which practitioners develop towards the end of the 20th century. Kettl, (2015) connects the Wilsonian and Hamiltonian traditions by combining the strong administration with classical approach. Hamiltonian tradition focuses on executive leadership principles using the top-down authority to enhance control and efficiency. However, Wilsonian tradition argues that managers can apply their functions within the scope of American constitutions to enhance efficiency.…

Reference

Kettl, D.F. (2015). The Transformation of Governance: Public Administration for the Twenty-First Century. Baltimore, MD: The Johns Hopkins University Press.

Lowi. T.J. (1993). Legitimizing Public Administration: A Disturbed Dissent. Public Administration Review. 53(5):261-264.

Denhardt, J.V. And Denhardt, R.B. (2011). The New Public Service: Serving, Not Steering. Armonk, (3rd edition). NY: M.E. Sharpe.

Quinn, R.E., Faerman, S.R., Thompson, M.P. et al. (2011). Becoming a Master Manager: A Competing values Framework. (5th edition Hoboken) NJ: John Wiley & Sons.

Cardware vs Plaintiff Memo
Words: 780 Length: 2 Pages Document Type: Essay Paper #: 34391616
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Cardware

The content below is a memo report for a case study of a corporation named CADWAE. A woman named MYA is about to initiate a lawsuit against this company due to the injury she sustained in the course of a carpeting event for the company. The following content represents a legal report to Chief Executive of CADWAE as regards the right step to take in the suit filed by MYA.

Candie Cardigan, CEO

CADWAE Inc.

From: Alicee: equirements for Negligence and possible Defenses To Myra's Claims

Hi Candice, it is Ashley. I have assembled credible defenses with which we would be able to close down Myra's case that resulted from the recent carpet walk incident (Writer Thoughts). Please go through the content and give me feedback. I'm optimistic that we will have a foolproof case. equirements A defendant is held accountable for negligence when he or she breaches the…

References

Negligence Case (n.d.). Elements of a Negligence Case-FindLaw. Elements of a Negligence Case-findLaw, Retrieved September 3, 2015, from  http://images.findlaw.com/optimost/accident-injury-law/elements-of-a-negligence-case-2.html .

Writer Thoughts

Business Management -- Policy Memo
Words: 657 Length: 2 Pages Document Type: Essay Paper #: 49952277
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Rationale -- the organization faces considerable potential liability unless the supervisor immediately initiates appropriate measures to resolve the problem and, if necessary, refer for training or discipline any staff member involved. By consulting legal counsel, the supervisor can avoid any insufficient response that could expose the company to liability for failing to take appropriate and timely action.

4. Racial, Religious, or Cultural Discrimination or Harassment

General Recommendations -- in cases of any report or complaint of racial, religious, or cultural discrimination or harassment, the supervisor is to consult with the employee and (separately) with any and all individuals implicated in the complaint. The supervisor is also to consult internal legal counsel for advice and to implement the solution recommended by counsel.

Rationale -- the organization faces considerable potential liability under Title VII of the Civil Rights Act of 1964 unless the supervisor immediately initiates appropriate measures to resolve the problem…

Forms of Employment Memo
Words: 735 Length: 3 Pages Document Type: Term Paper Paper #: 15614181
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Chris, have looked at your concerns and after some careful research I feel confident that the answers I am giving you are correct. Please let me know if there is anything else I can do to assist you in this matter.

egarding the first concern: Whether you can fire people without notice. This state is what is commonly referred to as an "At will" state. In simple terms this means one can be fired at any time for just about any reason.

The only exceptions to the at will status of an employee include statements in an employee handbook, spoken statements and oral promises that are made during interviews and written contracts. All of these instances prevent the at will termination of an employee because the agreement was made and must be adhered too.

The significance of an implied contract exception to the at-will doctrine has been minimized in recent…

References

Employment-at-will: the impending death of a doctrine.

American Business Law Journal; 6/22/2000; Ballam, Deborah A.

There are exceptions to the 'employment at-will' doctrine.(Hospital Law Case of the Month)(Katherine Burns v. Universal Health Services, Inc.)

Hospital Law's Regan Report; 11/1/2004; Tammelleo, A. David

CEO Memo on Internet Use
Words: 2628 Length: 8 Pages Document Type: Essay Paper #: 81032796
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consultation done for a CEO of a Fortune 500 company regarding use of internet by its employees. The consultation will look into internet usage by employees and possible ways to reduce illegal use of internet at the workplace.

Torts that the employees might be committing using the Workplace Internet

There are quite a number of torts that could be committed by employees at the workplace. Quite a number of legal cases have demonstrated these torts, for instance, the case Smyth vs. The Pillsbury Company, in the Federal Eastern District of Pennsylvania. In the case, the plaintiff, Mr. Michael Smyth filed a lawsuit against his the company he formerly worked for, The Pillsbury Company, claiming that he was wrongfully discharged, after the company fired him for sending electronic mails, that the company considered unprofessional and inappropriate, through the company's internet system (Muhl, 2003). Since Michael was an at-will staff, his lawsuit…

References

Adams, C. (2004). The Right of Privacy of Employees with Respect to Employer -Owned Computers and E-mails. The Oklahoma Bar Journal, 75(28). Retrieved October 21, 2015, from  http://digitalcommons.law.utulsa.edu/cgi/viewcontent.cgi?article=1062&context=fac_pub 

Frayer, C. (2002). Employee privacy and internet monitoring: balancing workers' rights and dignity with legitimate management interests. Business Lawyer, 57(2), 857-878.

Human Resources Management: Employment Tips and Samples (n.d). Sample Internet and Email Policy for Employees. Retrieved October 21, 2015, from  http://humanresources.about.com/od/policiesandsamples1/a/email_policy.htm 

Muhl, C. (2003). Workplace e-mail and Internet use: employees and employers beware. Monthly Labor Review, 36. Retrieved October 21, 2015, from  http://www.bls.gov/opub/mlr/2003/02/art3full.pdf

Intelligence Unit Memo Police Chief I B Friendly
Words: 1120 Length: 3 Pages Document Type: Essay Paper #: 82796390
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Intelligence Unit Memo

Police Chief I.B. Friendly

Incorporating Intelligence Unit into Department

In modern law enforcement, the sophistication of modern criminal activity, particularly post-September 11th, causes a necessary paradigm shift for 21st century police departments. This shift requires that departments rethink the power of information -- the manner in which it is collected, analyzed, and then used to fulfill the goals of the department. In fact, in 2007, the National Strategy for Information Sharing released by the hite House describes the need for fusion information centers as a vital way to succeed in modern law enforcement and critical to the safety of the local community as well as the nation (Porter, 2008).

Historical Background - Prior to 1960, even large, urban Police Departments did not have intelligence units. Resources were combined so that Detectives were at the hierarchy of information analysis; and every member of the department was open to…

Works Cited

Corrections - Report of the National Advisory Commission on Criminal Justice Standards and Goals. (1973, March). Retrieved from ncjrs.gov:  http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=10865 

Federal Bureau of Investigation. (2011, June). Integrated Automated Fingerprint Identification System. Retrieved from FRI.gov:

CEO Memo U R My Boss VP Xytox
Words: 1032 Length: 3 Pages Document Type: Case Study Paper #: 96159607
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CEO Memo

U.. My Boss, VP Xytox Corporation

C.Y. Ay, Manager H Compliance

E:

Potential H Issue

We have a potential Human eousrce situation that needs both documented and attention. I am writing with the relevant facts, as well as a recommended course of action. Please let me know if I may provide more information so we may discuss.

The situation revolves around our Director of Marketing esearch, Art Margulis. Margulis has been with our firm for 19 years, providing technical expertise and management in a proactive and responsible manner. He was promoted to direct of the 50-person research group four years ago, and while he has only six direct reports, his management style is such that he regularly interacts with most of the staff.

Two years ago, Margulis recruited Dr. Maria Lopez, a statistical expert. Our company was fortunate to convince Lopez to join as she had numerous high-profile…

REFERENCES

Dziech, B., Weiner, L. (1990). The Lecherous Professor: Sexual Harassment on Campus. Chicago: University of Illinois Press.

Nolo, S. (2012). Preventing Sexual Harassment in the Workplace. Nolo Law for All. Retrieved

from:  http://www.nolo.com/legal-encyclopedia/preventing-sexual-harassment-workplace-29851.html 

Roberts, B. And Mann, R. (2010). Sexual Harassment in the Workplace: A Primer. University of Akron. Retrieved from:  http://www3.uakron.edu/lawrev/robert1.html

Briefing Memo
Words: 1876 Length: 6 Pages Document Type: Term Paper Paper #: 25660100
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pressures on the pulp and forest products industries at present, making prediction difficult. Some of the harsh effects of the 2001 recession began to ease in the second half of 2002, when paper prices began to firm. This segment is the largest revenue producer for the industry, so the relief was widely welcomed. However, any extraordinary effects are likely to be mitigated by the oversupply in the wood products sector. (Standard and Poor's eb site, "Current Environment.")

International Paper is considered the largest pulp and forest products company in the U.S., followed by Georgia-Pacific (GP). (Hoover's online eb site) A quick look at their financials, however, demonstrates that they are not equally successful, although both serve virtually the entire range of possible market sectors, and International Paper (IP) also serves some extra niches, producing wood-derived chemicals including crude tall oil and crude sulfate turpentine, as well as a variety of…

Works Cited

Current Environment: Paper recovery stalls but outlook firming." Standard & Poor. (2003):

 http://80-www.netadvantage.standardpoor.com.ezproxy.fau.edu/sphome.html 

Georgia-Pacific." (2003):

http://www.hoovers.com/georgia-pacific-corporation/--ID__10648 -- /free-co-factsheet.xhtml

UCC Scenario
Words: 1395 Length: 4 Pages Document Type: Essay Paper #: 1586565
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Legal Memo

Acme Box and Container Company v. Long Haul Moving Company

In this paper, I will elaborate on the various elements of the commercial transaction between two companies, Acme and Long Haul and offer an opinion as to the evidences of Acme's suit for breach of contract against the other company, Long Haul. Additionally, I will consider Long Haul's possible defenses to the suit. This is meant to show the ways both parties can offer a proper case to the courts. The essay will provide further insight into current laws concerning UCC. Whether private parties have to adhere to the same regulations and standards.

Development of enforceable potentials between the two parties calls for an offer and acceptance, or what business law labels "mutual agreement" and consideration, removing potential defenses. "During the service negotiation or renegotiation, a consumer exchanges a number of contract messages with a provider in order…

References

Helewitz, J. (2007). Basic contract law for paralegals. Austin: Wolters Kluwer Law & Business Aspen Publishers.

Johnston, L. (2012). Grid and cloud computing. Hershey, Pa: Information Science Reference.

Lanciano, J., Farrell, M., & DeBole, P. (2007). Regulation: Usiness Law and Professional Responsibiltiy / Federal Income Taxes. Lambers CPA Review.

Wilken, S., Villiers, T., & Wilken, S. (2002). Wilken and Villiers the law of waiver, variation, and estoppel. London: Oxford University Press.

Case Study and Analyzing
Words: 1413 Length: 5 Pages Document Type: Case Study Paper #: 70689019
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Thon Legal Memo

Unde cuent Michigan law, Joseph Thon will most likely be ganted custodial ights to his son Ryan.

The family cout evaluates a paent's ight fo custody of a child using Mich. Comp. Law Section 722. In paticula, the cout detemines the oveall "best inteest" of the child. Unde this statute, best inteest is defined using 11 factos which include:

(a) The love, affection, and othe emotional ties existing between the paties involved and the child.

(b) The capacity and disposition of the paties involved to give the child love, affection, and guidance and to continue the education and aising of the child in his o he eligion o ceed, if any.

(c) The capacity and disposition of the paties involved to povide the child with food, clothing medical cae o any emedial cae ecognized and pemitted unde the laws of this state in efeence to medical cae…

references." Is also a moot point as Ryan is not old enough to communicate his preference.

Factor J

The next factor considered by the court is, "The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents." See factors A and B. For this argument. It should also be emphasized to the court that Ms. Thorn has been unwilling to facilitate any close relationship for Mr. Thorn with Ryan. In fact, upon leaving the hospital, Ms. Thorn specifically instructed Mr. Thorn not to visit her at her mother's house and failed to give Mr. Thorn any information as to his son's location when she moved out of state.

Factor K

Factor K. evaluates, "Domestic violence, regardless of whether the violence was directed against or witnessed by the child." See factor F. For argument.

Employee Privacy Memos
Words: 879 Length: 3 Pages Document Type: Term Paper Paper #: 49341315
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Work Distraction

The purpose of this memorandum is to inform the new company wide change of policy in monitoring employees. This information is a company directive and is expected to be followed and adhered to starting on today's date.

Recent developments in technology have made our jobs and tasks easier in many aspects. The internet, mobile, communication and social media are great tools that should be taken advantage of when the situation depends. However, this way of conducting business and relying on technology has some drawbacks as well. It has been learned from the Executive Leadership Branch of this company that nearly 1.5 hours of the work day are at risk from employee distractions related to emails, online browsing and phone calls.

Management will now be responsible for monitoring all employee's emails and phone calls. This will be done not for acquiring personal information, rather to discover work-related violations and…

Identify the Torts That Will Be the Basis for the Lawsuits and Explain Why
Words: 1203 Length: 4 Pages Document Type: Research Paper Paper #: 42578894
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Florida Negligence Analysis

Legal Claims for Cal

Negligence- Abe

The first claim that Cal can bring is negligence against Abe for causing the accident. Negligence is the failure of an individual to use reasonable care. Under Florida law, negligence has four components that must be met in order for damages to be obtained.

Legal Duty

A plaintiff must prove that the negligent person had a legal duty to use reasonable care in protecting the injured person

Under Florida law, the requirement is that the standard of care is one of a "reasonably prudent person."

Florida also requires that the incident occurs within a foreseeable-zone-of-risk

Here, Abe was driving the car and Cal was the passenger. It was Abe's duty to safely transport Cal without any accidents or incidents.

Breach of Duty

The second requirement is that Cal prove that Abe breached this duty. A breach of duty is failure to…

Restatement (Third) of Torts: Liability for Physical Harm § 3 (P.F.D. No. 1, 2005)

Restatement (Third) of Torts section 17

Florida Code TITLE XLV TORTS Chapter 768 NEGLIGENCE PART II DAMAGES section 768.73 Punitive damages; limitation.

Recipient Names Request for Discovery
Words: 2532 Length: 8 Pages Document Type: Term Paper Paper #: 49909478
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The foreign tribunal has jurisdiction over the parties appearing before it, and can order them to comply with discovery, while it might not be able to exercise that same power over non-parties and would need the assistance of a statute like § 1782. (124 S. Ct. 2466, 2471). Both Wal-Co and Expert Builders are parties in the foreign proceeding, which has the power to grant broad discovery to either party, therefore the Court would lack a compelling reason to grant the discovery request.

In this instance, there is a pending complaint with the I.C.C. However, Expert Builders would not have had to file a complaint in order to seek a discovery order. Instead, § 1782 is applicable when a dispositive ruling by a tribunal is within reasonable contemplation. (124 S. Ct. 2466, 2468). That means that the proceeding with the I.C.C. almost certainly meets § 1782's requirements for a proceeding.…

References

28 U.S.C.S. § 1782 (a).

In re: Application of Babcock Borsig AG for Assistance before a Foreign Tribunal, 583

F.Supp.2d 233 (D. Mass. 2008).

Intel Corporation v. Advanced Micro Devices, 124 S. Ct. 2466 (2004).

Anaylsis Gentura Has Manufactured an
Words: 818 Length: 3 Pages Document Type: Term Paper Paper #: 94568751
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The contract must also explain where the case would be settled. The best choice is of course international arbitration because it is a neutral ground that is likely to provide speedy and inexpensive settlement. However the problem is that Candore has not ratified any international trade convention, which makes it difficult for the U.S. To enforce the settlement on it. For this reason, it is important that the dispute be settled in a U.S. court. While the Candorian justice system could have been an easy choice, the problem is that in that country judiciary is not independent of the government and there is a possibility that government would want to influence the decision. Gentura is their own local business and they would not want to impose penalties on it for some foreign firms. In order to remove this problem, it is best to use the U.S. courts for dispute settlement.…

Business Law and Enforcing Contracts
Words: 1016 Length: 3 Pages Document Type: Essay Paper #: 87990401
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Whichever party files the claim has the initial burden to establish that a valid contract existed (Halbert & Ingulli, 2009). In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls referring to the existence of the agreement will suffice to establish the existence of a valid enforceable verbal contract for services to be provided by Eddie. Credible testimony in court from witnesses who actually heard the conversation or to whom either party admitted the existence of the agreement would also establish the existence of a valid and enforceable contract (Halbert & Ingulli, 2008).

If Eddie breaches, Grace would be seeking the remedy of the compensation for any benefit of the bargain lost, such as where she subsequently ends up paying more for the same services. If Grace breaches, Eddie would be seeking his lost profit from the sale of…

References

Friedman, L.M. (2005). A History of American Law. New York: Touchstone.

Halbert, T., and Ingulli, E. (2008). Law & Ethics in the Business Environment.

Cincinnati, OH: West Legal Studies.

Marketing Memorandum CEO Potential Acquisition
Words: 617 Length: 2 Pages Document Type: Marketing Plan Paper #: 38676624
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In Italy, the local marketing approach would also emphasize the authentic nature of the environment except that local marketing would be less explicit and devoid of specific references in that regard. Instead, it would attempt to present services, menus, and other accoutrements in a manner that would allow local customers to come to their own conclusion that the hotel provides a highly authentic Italian experience.

PERSONAL REFLECTION

This exercise was extremely valuable to the study of Human Resource Management issues. Prior to this exercise, it would not have occurred to me how important local customs in a foreign country might be from the perspective of human resource management and the potential for civil liability to American employees working abroad. The exercise also provided an opportunity to make an important decision based on the comparative potential risks and rewards of two alternate courses of action.

From the perspective of marketing in…

Plain English Movement
Words: 1245 Length: 4 Pages Document Type: Essay Paper #: 43710480
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Jo Allen

Lauren Lusby

Plain English Policy Considerations for KPMG Communications

The Plain English Language (PEL) movement is intended to improve the effectiveness of communications by simplifying them and making them easier to understand by their intended audiences. In modern business and administrative communications, there is a tendency to rely on industry-specific terminology and technical jargon. In many cases, those trends reduce the effectiveness of communications because they undermine comprehensibility by audiences without specific professional or technical training in those areas. Adopting the PEL approach would be beneficial for KPMG because it would greatly improve the effectiveness of communications across the full range of its client spectrum. It would allow KPMG to ensure that it all of its accounting, marketing, consulting, and legal department communications are maximally effective for their intended purpose. If the concept is applied properly, it is expected that PEL will improve productivity, revenue, and client appreciation.…

Rhetoric of Explanation a Trend in Technology and Society
Words: 3364 Length: 11 Pages Document Type: Research Paper Paper #: 44935918
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Technology and Society

All print media including books, newspapers and magazines are in deep trouble today thanks to new developments in technology, as are traditional methods of classroom instruction and school curricula. To that extent the Internet can be described as a revolutionary invention that has altered and transformed the way information is presented and conceived. Individuals are learning and creating innovative ways to contribute to relevant knowledge at an excessive speed, and the estern world has become dependent on this technology and also more aware of its negative side. hether the technology in our surroundings is causing human beings to become distracted, affecting our communication skills, or making them stupider is a question that has to be addressed.

This memorandum will describe these issues of trivialization and the 'shallow-ing out' of contemporary American culture, most of which are either as deliberately exaggerated and sensationalized as the Internet itself or…

WORKS CITED

Corey, G. et al. Issues and Ethics in the Helping Professions, 8th Edition. Cengage Learning, 2011.

Milliken, J. Brands and Social Media Participation; United Breaks Guitars. Coreographytv, 2010.

 http://www.youtube.com/watch?v=YNpry5iSTBo&feature=related 

Morozov, Evgeny. "Losing Our Minds to the Web." Prospect, June 22, 2010.

Ethics the Company I Am
Words: 1543 Length: 5 Pages Document Type: Term Paper Paper #: 56119914
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Any effort that detracts from that objective -- unless that effort is explicitly authorized by the shareholders -- is therefore a breach of duty. The managers of the Company must therefore have the objective of upholding their duty to the shareholders, within the confines of the law. BP will therefore not be providing research funding, compensation or any other form of assistance to the fishermen, without judicial or regulatory order.

It is important that the Department understands the principles that underpin this decision. BP does not take this decision lightly, and understands that not all stakeholders will have their needs met as the result of this decision. e regret in particular if this decision causes problems for our steadfast partners at the Department of Environment. However, the managers of the Company has no choice but to undertake activities that fulfill their duty to the shareholders, and in this case that…

Works Cited:

Friedman, M. (1970). The social responsibility of business is to increase its profits. New York Times Magazine. Retrieved November 12, 2012 from  http://www.colorado.edu/studentgroups/libertarians/issues/friedman-soc-resp-business.html 

Jacobsen, R. (2012). The gumbo chronicles. Outside. Retrieved November 12, 2012 from  http://www.outsideonline.com/outdoor-adventure/culinary/the-Gumbo-Chronicles.html?page=all 

Mauer, R. & Tinsley, a. (2010). Gulf oil spill: BP has a long record of legal, ethical violations. McClatchy News Services. Retrieved November 12, 2012 from http://www.mcclatchydc.com/2010/05/08/93779/bp-has-a-long-record-of-legal.html

Function of Any Responsible Business Is to
Words: 1984 Length: 6 Pages Document Type: Essay Paper #: 30118548
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function of any responsible business is to take risks. Risks lead to profits and ensure that the company continues growing. In order to properly mitigate risks, business owners enter into contracts. Contracts are enforceable agreements between parties that specify to the best of each party's ability the expectations and requirements that each party must fulfill.

Not everything is a contract and not all contracts are valid. The basic definition of a contract is an agreement between two parties wherein there contains instructions for an exchange of goods or services for compensation. In other words, contracts must always be payment based. If only one party is acting and no one is paying, then there is not a vaild contract.

In order to protect those entering into contracts, current law requires that certain contracts are always placed into writing. This document is called the Statute of Frauds. As stated in the Restatement…

"Contracts: Examples and Explanations"; Brian A. Blum; 2006.

"Restatement 2d Contracts & U.S. UCC Article 2"; James E. Byrne; 2008.

"Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues, Seventh Edition"; Henry R. Cheeseman; 2010.

Sexual Harassment and Discrimination Anna
Words: 1016 Length: 3 Pages Document Type: Case Study Paper #: 60151713
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Given the context and the fact that being a convicted criminal and a sex offender could conceivably make the risk of any type of abuse (whether or not of a sexual nature) foreseeable, that defense is unlikely to succeed. However, generally, the knowledge of one Board member who does not disclose that knowledge to the Board will not be imputed to the rest of the Board. In any case, that issue is unlikely to matter because of the school's liability in negligence even without knowledge.

Question # 3

As previously discussed, the school is likely to be found liable to Anna for Title VII discrimination by virtue of her age because it allowed Forester to create a hostile work environment by failing to discipline either Forester or DuFrane, the other male teacher who made the hostile statement. The school will argue that even under those facts, the severity and extent…

Complaint Box Recently I Was Riding Behind
Words: 1019 Length: 3 Pages Document Type: Essay Paper #: 36339145
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Complaint Box

ecently, I was riding behind a car in a 40 mph zone. The Toyota Corolla in front of me was going 25 mph. A line of angry motorists were following behind us. The slow car was bobbing and swaying, not keeping a clear, linear path forward. When the road finally opened up into two lanes, I was able to pass the car. Instead of a frail and elderly person in the driver's seat, which my slightly prejudiced mind's eye had envisioned, there was a young man -- yakking away on his cellphone, oblivious to the world around him.

People who drive while talking on a cellphone insist they are great drivers. Other people might have problems with distractions, but they do not, they say. However, all of the anecdotal evidence to which I have been exposed indicates the contrary. I have seen people run red lights -- or…

Reference

Calandra, Lion. (2009). Public grooming. The New York Times. Retrieved:

 http://cityroom.blogs.nytimes.com/2009/11/06/complaint-box-public-grooming/

Shadow Banking on the International Level
Words: 1641 Length: 4 Pages Document Type: Term Paper Paper #: 2478417
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Shadow Banking on the International Level

A definition of international shadow banking

International shadow banking is a term that originated from pre-recessionary period in 2007 and was popularised in pose recession period. The term invited the attention of financial experts and researchers towards the emergence of non-banking entities playing banking role. Hence, the Financial Stability Board (FSB) formally identified their existence and role by defining the term shadow banking system (Pozsar et al., 2012).

It regarded non-banking entities as intermediaries in the financial system but external to the banking system. It is not only because they perform banking activities, but also because they perform certain other activities which are not part of the banking system. The definition was considered as valid and readily accepted (Pozsar et al., 2012).

No objection was raised upon the point that there are certain entities which are not banks but playing an active role in…

References

Pozsar, Z. et al. (2012). Shadow Banking. Federal Reserve Bank of New York, Staff Reports. Taken from:  http://www.newyorkfed.org/research/staff_reports/sr458.pdf 

FSB. (2012a). Strengthening Oversight and Regulation of Shadow Banking: A Policy Framework for Addressing Shadow Banking Risks in Securities Lending and Repos. Taken from:  http://www.financialstabilityboard.org/publications/r_121118b.pdf 

FSB. (2012b). FSB Publishes Initial Integrated Set of Recommendations to Strengthen Oversight and Regulation of Shadow Banking. Taken from:  http://www.financialstabilityboard.org/press/pr_121118.pdf 

FSB. (2012c). FSB Publishes Initial Integrated Set of Recommendations to Strengthen Oversight and Regulation of Shadow Banking. Taken from:  http://www.financialstabilityboard.org/publications/r_121118c.pdf

Pharm Case Pharmaceutical Recall Case
Words: 932 Length: 3 Pages Document Type: Case Study Paper #: 71467694
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In addition, the recall constitutes an expectation of substantial change before products actually reached consumers, placing it in compliance with 402A. obins & obins lived up to its legal and its ethical responsibilities.

Question 4

The Blanchard and Peale method of determining ethicality consists of three checks, which can be applied to both the decision to avoid the $0.35 per-package charge to automate recalls and to the "fake" recall process of the company (Lankard, 1991). First, the models asks if the action is legal, both in terms of governmental laws and company policy; the answer for both dilemmas in this case is "yes." The second test is whether the action is balanced and fair, promoting "win-win" solutions; here, the answer in both cases is more ambiguous. The additional costs of medications from the UPC rule would have been passed on to consumers, which is a "lose" to some extent even…

References

Adminsitrative Procedure Act. (n.d.). Accessed 18 April 2012.  http://www.archives.gov/federal-register/laws/administrative-procedure/553.html 

402A. (n.d.). Accessed 18 a /  http://biotech.law.lsu.edu/cases/products/402a-b.htm 

Lankard, B. (1991). Resolving Ethical Dilemmas in the Workplace. Accessed 18 April 2012.  http://www.ericdigests.org/pre-9220/focus.htm 

Radcliffe, M. & Brinson, D. (1999). Contracts Law. Accessed 18 April 2012.  http://library.findlaw.com/1999/Jan/1/241463.html

Florida vs Powell on August
Words: 2609 Length: 7 Pages Document Type: Term Paper Paper #: 61713721
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Long, 463 U.S. 1032, 1040 (1983)) since the independence of a state court's state-law judgment is not clear.

Furthermore the Court stated that the Florida Supreme Court treated state and federal law as interchangeable and interwoven and therefore would give jurisdiction to the U.S. Supreme Court based on a ruling made in the Michigan v. Long case.

he most weight was obviously put on the wording used and how it can be interpreted and how it was interpreted. Since there are grammatical differences between "before" and "during," the decision cannot be upheld. It is clear that if the interrogator used the phrase: ".. An attorney will be presented to you before questioning" it is not the same as if it would read: ".. And attorney will be presented to you before and during questioning." his is misleading and can be interpreted as if the defendant would have the right to…

Thomson Reuters . (2009). "Miranda" Rights and the Fifth Amendment. Retrieved April 28, 2010, from Criminal Law: Your Rights:  http://criminal.findlaw.com/crimes/criminal_rights/your-rights-miranda/miranda.html 

U.S. Constitution. (1789, March 4). Bill of Right. Retrieved April 29, 2010, from U.S. Constitution:  http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html 

Wikipedia.org. (n.d.). United States Declaration of Independence. Retrieved April 29, 2010, from United States Declaration of Independence:  http://en.wikipedia.org/wiki/United_States_Declaration_of_Independence

Terrorist Threats Challenge the Current
Words: 3207 Length: 10 Pages Document Type: Term Paper Paper #: 50158734
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Powell Assertion Number Two: In his Feb. 5, 2003 speech to the U.N., Powell said: "We have no indication that Saddam Hussein has ever abandoned his nuclear weapons program." But in October, 2002, in his memo to the White House, CIA Director George Tenet voiced "strong doubts about a claim President Bush" was about to make in the State of the Union address "that Iraq was trying to buy nuclear materials" from Africa. And on July 24, 2003, Spain's Foreign Minister, Ana Palacio, an ally of the U.S., said their was "no evidence" prior to the U.S. attack on Iraq of a nuclear bomb program by Saddam, according to the Hanley article in Editor & Publisher.

Powell Assertion Number Three: Powell told the U.N. he had proof that Saddam was deploying "Contamination Vehicles" associated with chemical weapons on at least two sites. Those alleged contamination vehicles turned out to be…

References

Barry, John; Hirsh, Michael & Isikoff, Michael. (2004). "The road to Abu Ghraib began after 9/11, when Washington wrote new rules to fight a new kind of war," Newsweek International.

CBSNEWS.com. (2004). "The Man Who Knew," 4 Feb. 2004. Available:

 http://www.cbsnews.com/stories/2003/10/14/60II/printable577975.shtml .

Dodds, Paisley. (2005). "Gitmo Soldier Details Sexual Tactics," Associated Press, Yahoo News, 27 January.

Business and Ethics the Business Ethics Checklist
Words: 1694 Length: 4 Pages Document Type: Essay Paper #: 38030525
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Business and Ethics

The business ethics checklist

Organizational Decisions-Making on Substandard Products

Unaccountable products from companies or manufacturers are often regarded dangerous, unsafe and substandard, both by the target consumers and government. Unfortunately, toy products stand among the most affected group of items within the field of production. Sub-standard products are those that do not meet the legal and safety standards and/or qualities set by the pertinent authorities. Such products may result due to failure in quality control during the production process, or failure in legal handling pursuit. According to Cockburn (2005), these are genuine items produced by legitimate manufacturers; however, they do not satisfy the quality disclaimers that the producer defines. It may not be intent of the company to cheat, but may be as a result of problems during the manufacturing process. Thecase of metal whistle herein is thereby regarded to fall under the category of sub-standard products,…

References

Cockburn, R. (2005). The global threat of substandard products: Why industry and governments must communicate the dangers. Business and Economics.2(4), 302-

Herbert, A. (1999). Administrative behavior. New York, NY: The Macmillan Company.

McDonalds, G. (2004). Corporate social responsibility: Structured decision making. Business Administration,56(3), 124-137.

McPhees, K. (1998). International social concerns into private sector: Decision-making process.Washington, DC: The World Bank.

Contract Disputes and the Benefits
Words: 1159 Length: 4 Pages Document Type: Thesis Paper #: 10549462
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Thus, "Preserving the relationship with a business partner may be worth far more in the long run that the potential cost of trying to prove that your position on a contract clause is legally sustainable today," (University of Phoenix). This strategy can then be implemented in order to keep Scan and Citizen Schwartz both out of costly financial legal obligations.

Thus, a manager could attempt to work within the limitations of the contract to avoid even having to go to litigation within the constraints of contract disputes. With negotiation, rather than litigation, the manager can potentially succeed in minimizing liabilities and therefore financially benefit from the maintaining of the contract itself. The manager can then "Maintain the contract in being and accept its validity, but object to and seek to negotiate further within the contractual framework, the actions, proposals, or interpretations of the other," (Marsh 98). Now, this is not…

References

University of Phoenix. "Legal Environment of Business." Simulation.

Jennings, Marianne Moody. (2006). Business: Its Legal, Ethical, and Global Environment. Thompson Learning Co.

Marsh, P.D.V. (2001). Contract Negotiation Handbook. 3rd ed. Gower Publishing Company.

Settlements Good for Business The
Words: 1910 Length: 4 Pages Document Type: Term Paper Paper #: 68910509
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This is one of the telling effects of the settlement which is good for business and overall governance.

eferences

All Academic esearch, the effect of State-endorsed Arbitration Institutions on International

Trade, Paper presented at the annual meeting of the MPSA Annual National Conference, Palmer House Hotel, Hilton, Chicago, IL, 3 April 2008, available at http://www.allacademic.com/meta/p_mla_apa_research_citation/2/6/8/2/0/p268209_index.html;Internet; accessed 11 June 2008.

Buhring-Uhle, Christian; Kirchhoff, Lars; Scherer, Gabriele. Arbitration and Mediation in International Business. Kluwer Law International. 2006. p. 106.

Fells, ay. "Settlement Process or Tactical Opportunity? Mediation in Industrial elations."

Journal of Industrial elations, 41, no. 4 (1999): 594-611.

Morgenson, Gretchen. Good Deal for Merrill. How About Investors?; Settlement May Not

Easily Change a Culture that Created Conflicts. The New York Times,

May 22, 2002. p. A4.

Morrison, William F. The Savvy Negotiator: Building Win-Win elationships.

Westport, CT: Praeger. 2006.

emington, Harold. "Bankruptcy Law and Peaceable Settlements of Business Failures." The Yale…

References

All Academic Research, the effect of State-endorsed Arbitration Institutions on International

Trade, Paper presented at the annual meeting of the MPSA Annual National Conference, Palmer House Hotel, Hilton, Chicago, IL, 3 April 2008, available at http://www.allacademic.com/meta/p_mla_apa_research_citation/2/6/8/2/0/p268209_index.html;Internet; accessed 11 June 2008.

Buhring-Uhle, Christian; Kirchhoff, Lars; Scherer, Gabriele. Arbitration and Mediation in International Business. Kluwer Law International. 2006. p. 106.

Fells, Ray. "Settlement Process or Tactical Opportunity? Mediation in Industrial Relations."

Joe Lee Simmons Statement of Facts the
Words: 2663 Length: 9 Pages Document Type: Essay Paper #: 72723500
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Joe Lee Simmons

Statement of Facts

he client in this matter has already faced charges in the trial court where he was convicted of possession of a controlled substance, and had his conviction affirmed by the Court of Appeals. At the present time, a decision must be made as to whether there is any basis for pursuing further appeal. If it is determined that a further appeal is justified, the next action that must be taken is to file a petition for discretionary appeal with the exas Supreme Court.

Simmons was stopped and subsequently arrested for littering on the Houston public streets. Pursuant to his arrest, a routine protective search was conducted by the arresting officer during which a small bottle was found in the defendant's shirt pocket. As a result of the search, the defendant was also arrested for possession of a controlled substance for which he eventually stood…

Tex. R. App. P. 33.1 (a)(1).

Tex. Code Crim. Proc. Ann. art. 2.13(b)(3) (Vernon 2005).

Tex. Code Crim. Proc. Ann. art 38.35 (d)(1) (Vernon Supp. 2008).

Organization Business Strategy the Organization
Words: 1450 Length: 5 Pages Document Type: Questionnaire Paper #: 57378499
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Guidelines on oral and written communication with job applicants

One important guideline is that the human resources department is solely responsible for setting the policies and procedures regarding staffing and management of all aspects of the staffing process. herefore any written or oral communication to job applicants should come from the human resources department except where the management team may need to reply to an item that they are formally delegated for.

he second guideline is that all oral and written communication with job applicants should be clearly stated and in a conspicuous manner in the appropriate document. his is in order to prevent any misunderstandings or misinformation that comes from the job applicant not receiving or comprehending the message. he members of the organization should require the job applicants to acknowledge receipt or the message being passed and they should be given an opportunity to ask for clarification where…

The best way to conduct the criterion-related validity test is to seal the results then review them after a period of between 3 to 6 months after the new hires have been with the company. This way, the staffing manager will be able to assess the work performance of the new hires and correlate the results of the general ability test to their work performance. The general ability test becomes the predictor while the work performance becomes the criterion.

As in the study conducted by Ispas, Iliescu, Ilie, and Johnson (2010)

Job performance can be measured using supervisor ratings of the employees which can be collected as a part of the employees' annual or monthly performance evaluations. The performance appraisal can be based on a 5-point scale with four dimensions being evaluated. The four dimensions to be evaluated are quality of work, professional

DWI Is Placed in a
Words: 1119 Length: 3 Pages Document Type: Research Proposal Paper #: 62758936
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Certainly, utilizing those agencies now that there has been a crime at the premises is warranted. However, it may not have been negligent for DWI to fail to contact law enforcement when it first began receiving threats. Large corporations such as DWI routinely receive threats in the course of business. The vast majorities of those threats are harmless and represent no danger to the employees or customers of those organizations. Therefore, DWI may have been exercising due diligence by increasing its security force and not reporting the action to the police. To determine whether or not DWI was negligent, it would be necessary to see the exact language of the threats. Threats of plausible violence against customers or staff would give rise to a higher standard of care than threats against the property. Businesses cannot be held responsible for harm that occurs as the result of an unforeseeable act by…

First Amendment Laws and the Press
Words: 710 Length: 2 Pages Document Type: Article Critique Paper #: 36608884
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individual making the leak would likely be protected by First Amendment laws given that the statement was made by the sheriff regarding the investigation 'on the record,' as is noted in the report. If a statement was made about a public figure who has less of an expectation of privacy under current legal interpretations, regardless if the leaker was a member of the press or a private individual, the statement would be thoroughly protected. "Despite popular misunderstanding the right to freedom of the press guaranteed by the First Amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression [for all individuals]. It does not afford members of the media any special rights or privileges not afforded to citizens in general" ("First Amendment," 2014). All citizens have…

References

Defamation law made simple. (2014). Nolo. Retrieved from:

 http://www.nolo.com/legal-encyclopedia/defamation-law-made-simple-29718.html 

Diminished privacy rights for public figure/official. (2014). RCFP. Retrieved from:

 http://www.rcfp.org/federal-foia-appeals-guide/exemption-6/ii-clearly-unwarranted-invasion-personal-privacy/nature-pri-7#sthash.gTTMToJe.dpuf

Limousine Service Rules & Laws
Words: 785 Length: 2 Pages Document Type: Term Paper Paper #: 70432494
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Mr. Atwood,

After reviewing your plans to open up a limousine service in Austin, Texas, there are four major points of compliance that you should focus on so as to keep your business operational and out of legal trouble with the state and/or local authorities.

There is not a state-wide law in Texas that pertains to chauffeurs and limousine services (Texas DMV, 2015). However, the same is not true of Austin, Texas in particular. As part of applying for the permit, there are several questions that must be answered. These include questions about citizenship or right to work in Austin, criminal history and so forth. Any applicants found to be lying on the application can find their license stripped without any warning by the City of Austin (City of Austin, 2015). Specific answers will be required for each application as they pertain to criminal history, other criminal offenses, indictments, traffic…

References

City of Austin. (2015). Chauffeur Permit Application | AustinTexas.gov - The Official Website of the City of Austin. Austintexas.gov. Retrieved 20 July 2015, from  https://austintexas.gov/service/chauffeur-permit-application 

City of Austin. (2015). Hands-Free Austin | Police | AustinTexas.gov - The Official Website of the City of Austin. Austintexas.gov. Retrieved 20 July 2015, from  https://www.austintexas.gov/handsfree 

EEOC. (2015). EEOC Home Page. Eeoc.gov. Retrieved 20 July 2015, from  http://www.eeoc.gov 

Guerin, L. (2015). Disparate Impact Discrimination | Nolo.com. Nolo.com. Retrieved 20 July 2015, from  http://www.nolo.com/legal-encyclopedia/disparate-impact-discrimination.html

Indiana Trial Rule 4-4 17 and Frcp in
Words: 669 Length: 2 Pages Document Type: Essay Paper #: 6334983
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Indiana trial rule 4-4.17 and FRCP

In the legal system there are many rules, both federal and state, that govern the process for how things are done within the system. Two of these rules are Indiana Trial rules 4-4.17 and Federal Rule of Civil Procedure 4. Both of these rules have to do with issuing summons for a court case. According to the Indiana Trial rules a summons must include the name and address of the person for whom the service is for, the name, street address, and telephone number of the court and the cause number that has been assigned to the case, the name of the case that is on the complaint, but, if there are numerous parties, the name may be abridged to comprise only the first named plaintiff and defendant with a suitable suggestion that there are supplementary parties, the name, address, and telephone number of…

Decision Making by a Healthcare Leader in Case of an Ethical Dilemma
Words: 709 Length: 2 Pages Document Type: Interview Paper #: 3855789
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Ethical Analysis

Memo on a Ethical Analysis

____, Student

____ (due date)

e:

Decision making by a Healthcare Leader in case of an Ethical Dilemma

in an interview of my health care administrator of the long care health facility where I work, I asked, "How do you make a wise decision in a situation relating to an ethical dilemma?"

esponse:

Description of the Answer

It seemed like my question took the administrator by surprise perhaps he did not expect such a question when I requested for an interview. However, he looked composed and amused by my question. Confidently and leaning a little bit forward and supporting his hands on his desk, he responded. He first pointed out the numerous occasions when ethical dilemmas were evident in his health care administration career at the health facility. He said that he learnt over time through many experiences and a little consultation and…

References

Forester-Miller, H., & Davis, T. (1996). A Practitioner's Guide to Ethical Decision Making. American Counseling Association, 1-5.

Pope, K.S., & Vasquez, M.J. (2010). Ethics in Psychotherapy and Counseling: A Practical Guide. New York: John Wiley & Sons.

Internal Confidential MEMO103642 John Doe
Words: 1589 Length: 5 Pages Document Type: Thesis Paper #: 18818788
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This population of aging, having had just one child, will rely upon society as a whole to care for them, instead of an extended family as was once traditionally and culturally the case.

The Rural Subsistent Dwellers

Evidenced by the lower income figures reported widely, China's rural farming populations have perhaps been the hardest hit by the One Child Policy. here ancient traditions and customs once dominated the way of life in the rural areas, China's reform policies, especially that one limiting One Child per family, have long impacted the rural way of life and productivity in China (Diamant, Neil, 2000, 93). here families that farmed once had children, sometimes numerous children, and those children helped to farm and bring in productive crops that could sustain the family, with the results of the family's labors far reaching and providing a source of income as well; since the One Child Policy…

Works Cited

Diamant, Neil J. Revolutionizing the Family: Politics, Love, and Divorce in Urban and Rural China, 1949-1968. Berkeley, CA: University of California Press, 2000. Questia. 28 Apr. 2009 .

England, Robert Stowe. Aging China: The Demographic Challenge to China's Economic Prospects. Westport, CT: Praeger, 2005. Questia. 28 Apr. 2009 .

Peerenboom, R.P. Law and Morality in Ancient China: The Silk Manuscripts of Huang-Lao / . Albany, NY: State University of New York Press, 1993. Questia. 28 Apr. 2009 .