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The dismantlement of Affirmative Action within the University of California was appropriate
Graduate education and learning has been the crucial pathway to enter critical spheres of influence in the U.S. And also the grounds for obtaining the specific skills and information essential to individual, nationalized, as well as international financial achievement (CGS, 2009). However, regardless of current boosts in registration for college students of colour, this human population continues to be significantly underrepresented within graduate research. Latinos constitute 16% of the American populace, only 6% of the whole graduate-pupil populace within 2008; of the entire doctorate degrees conferred in the year 2007, just 4% had been given to Latinos along with 6% to African-Americans, who signify 12% of the American citizenry (Aud, Fox, & Kewalamani, 2010). These differences have been particularly starker inside science-associated professions. Within science as well as engineering-domains that have been essential towards the financial…… [Read More]
IN E: Mr. Sam Witwicky (Our Client) -- Criminal Concealed Weapon Charge
The firm's new client, Sam Witwicky, has retained this firm for legal representation in a criminal matter. Mr. Witwicky was arrested on his front lawn for carrying a concealed weapon. The police know Mr. Witwicky from a previous instance in which they were called to the residence of the client. Mr. Witwicky has retained this law firm in his defense against these charges which have not yet been filed although it is the understanding of the firm that the District Attorney does intend to proceed with filing charges against the client.
CLIENT CHAGED WITH FELONY CIMINAL CAYING CONCEALED WEAPON IN DETIOT, MICHIGAN
The Michigan Penal Code Act 238 of 1931 750.227 Concealed weapons; carrying; penalty Section 227 states as follows:
"(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding…… [Read More]
Recreational dancing is not universally protected. Therefore, Lapham cannot rely solely on the perceived violation of First Amendment rights in this case.
Plaintiff Rebecca Willis sought protection for her rights to dance provocatively in public. Lapham, on the other hand, seeks protection for his right as a bar owner to let his patrons move and sway to music as they please.
In other words, the town of Marshall, NC did not restrict dancing in itself; it only sought to monitor the type of dancing that took place. If a new form of dancing evolved that involved punching strangers, that too could be restricted but would have no bearing on whether citizens have the right to move and sway.
Lapham cannot rely on Fourteenth Amendment arguments either, as there may be no evidence that the city of New York is discriminating against his license application. However, there is no reason why…… [Read More]
Natalie Attired Unemployment Compensation Claim.
STATEMENT OF FACTS
The client in this case, Natalie Attired is 23 years of age and is a high school graduate as well as having attended New Mexico State University but dropped out after one year and began waitressing. She has most recently been working for Biddy Baker, 60 years of age who has been in the restaurant business for more than 20 years. Every three months Biddy conducts an evaluation of the waitresses. The client in this case got a full-sleeve tattoo covering her entire upper right arm from shoulder to elbow and while the waitress uniform partially covers the tattoo, when the client wears short sleeves part of the tattoo is visible. Biddy asked the client to remove the tattoo and the client refused and was terminated on the grounds of 'misconduct' making her ineligible to receive employment compensation. The client…… [Read More]
prayers should be allowed, does the majority opinion written by Justice Kennedy or Justice Kagan's dissent more accurately characterize the Town of Greece meetings as being similar or dissimilar from the legislative sessions in Marsh?
Reasoning and Analysis: In his opinion, Justice Kennedy takes the position that a town hall meeting is essentially similar to a legislative session, but fails to ignore the fact that legislative sessions, while open to the public, exist for the very specific purpose of legislators engaging in legislation. Any type of prayer offered in that situation is offered for the purposes of the legislators who, at least theoretically, come to the table with the same level of power as the other legislators with whom they are negotiating, and as representatives of the people, not in a personal capacity. There seems to be a difference between that type of meeting and a town-hall meeting, which does…… [Read More]
Dr. Thomas Furlow
Statement of Facts: Our client, Dr. Thomas Furlow, has been sued by his patient John Brown. Furlow examined Brown and discovered an infected tooth; he advised Brown to return for treatment. Instead, Brown went on vacation. While camping in the desert, Brown's tooth infection worsened, spreading through his body, causing pain and putting his life at risk. Brown sued Furlow on the grounds that Furlow had failed to extract his infected tooth. Furlow was served with the complaint on March 1. Furlow had 20 days to answer the complaint. Furlow had an appointment with his attorney on March 19. On March 18, Furlow's house was robbed and the safe, where he had stored the complaint, was robbed. Furlow went to his mother-in-law, and rescheduled his appointment with his attorney for March 23. On March 23, the court entered a default judgment against Furlow. We have filed…… [Read More]
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…… [Read More]
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…… [Read More]
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.…… [Read More]
Liability of a Negligence
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.
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…… [Read More]
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)…… [Read More]
MANAGE'S BEHAVIO MEMO
Management Behavior Imagine a midlevel sales manager InterClean, Inc. -level managersunder responsibility. In response a merger place EnviroTech, instructed
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,…… [Read More]
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.
By going into Google and typing in "the worst websites" or "websites…… [Read More]
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
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…… [Read More]
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…… [Read More]
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…… [Read More]
Marketing, Product Safety, and Intellectual Property
Legal and ethical considerations
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…… [Read More]
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…… [Read More]
Tax esearch Memorandum
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…… [Read More]
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…… [Read More]
Inner Office Memo Editing and Enhancing
Mrs. Alexander, Senior Partner
FROM: Brandon Lee, Junior Counsel
RE: Mrs. Alexander Denise - Galactica National Bank, Et. al.
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…… [Read More]
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…… [Read More]
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,…… [Read More]
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.…… [Read More]
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
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
U.. My Boss, VP Xytox Corporation
C.Y. Ay, Manager H Compliance
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
Florida Negligence Analysis
Legal Claims for Cal
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.
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…… [Read More]
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.…… [Read More]
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.…… [Read More]
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…… [Read More]
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.
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…… [Read More]
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.…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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.
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…… [Read More]
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…… [Read More]
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…… [Read More]
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,…… [Read More]
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…… [Read More]
This is one of the telling effects of the settlement which is good for business and overall governance.
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
Memo on a Ethical Analysis
____ (due date)
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?"
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…… [Read More]
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…… [Read More]