Legal Structure Essays (Examples)

Legal Structure and Management of a National Level Sporting Organisation

Sports activities in the world today are becoming more popular and are attracting huge crowd. This is one of the reasons that have made sponsors to come in so as to help such clubs that are not able to support themselves financially. Through sponsoring, the sponsor is able to market and advertise its products within the stadium where the club is playing among other benefits. It is worth noting that sports are viewed as a means of income to each stakeholder including the players. Essendon football club has made Australia to be known worldwide because of the good performance the club has exhibited over the years.

Essendon Football Club is rated as a dynamic world class club in the Australian sporting arena. The success and competitiveness of the club is dependant on its set legal structure and proper management that…

Legal Structure of Business

For a McDonalds franchisee, there are three options. The franchise can be operated as a sole proprietorship, a partnership, or a corporation. The real issue is not that there are options, but which option should be chosen. It is not always possible to make that determination easily, since there are many factors that have to be considered in each choice. A sole proprietorship is operated by one person. That person is solely responsible for the business, and there is no complex legal structure. That person can reap all the profits and rewards, but he or she also shoulders all the liability for any lawsuits or other issues that might go wrong. In a partnership, the profits and the liabilities are shared between two people. There can be some adjustment as to which person is "more" responsible for specific issues, or it can be a completely 50-50…

Legal Structure of McDonald's Corporation

There are many different categories of business in the world today. McDonald's brand franchisees operate as part of a corporation. The company, comprised in part of restaurants run by independent entrepreneurs, is currently considered one of the worlds most successful and largest franchising companies every created. Seventy percent of McDonald's restaurants are owned and operated by independent owners.

This corporate business structure has resulted in substantial opportunities for individual business owners and for the corporation as a whole. The legal structure of McDonald's is discussed below, as well as the advantages and disadvantages McDonald's corporation has over other legal business entities. Though McDonald's corporation operates slightly differently than other corporations in the world today, it remains one of the world's leading retailers, a testament to its strong legal structure.

Legal Aspects Of A Franchise

McDonald's successfully operates as a franchisee corporation. There are many legal…

Business Structures

Corporation business structures

Preference of Corporation Business Structure Over Other Known Structures

In this paper, we will choose the corporation business structure as an ideal choice for the firm McDonalds in order to carry out its operations. We will define the merits which a multinational firm like McDonalds can take advantage of if because of this structure, also we will have an in-depth look on other structures such as sole proprietorship and partnership and focus on their strengths and weaknesses.

eview of Sole Proprietorship and Partnership

Let's review the structure of sole proprietorship first, it is regarded as one of the least expensive and easiest way to start any business as compared to corporative and partnership structure. Here the overall business as well as the business owner is viewed legally as a same entity. This however has its own disadvantages which in our chosen case of McDonalds could…

Partnerships demand that all partners (both general and limited partners) be on the same page financially and within the scope of the business operations. They require shared a goal and vision for the entity, and a mutual understanding of each owner's role and the parameters for exerting control. Perpetual lines of communication must be available for all parties in response to changing dynamics and the occurrence of unforeseen events. This is particular relevant in the restaurant industry, where consumers have many choices and often make them based on little substance

. The restaurant industry is fraught with sudden changes, which can require added attention, effort and capital in a short period of time. Therefore, a thorough understanding of the roles of each owner, be they a general or limited partner, is essential to a properly functioning partnership.

Additionally, effective partnerships require regular meetings and reviews of all business operations, and…

Legal Environment of Businesses:

Legal Environment of Extermination Business:

As a wealthy investor who plans to start a chain of exterminating businesses across the United States, there are several laws and regulations as well as risks that Frank must take into consideration. Frank can open a chain of exterminating businesses by either developing the business enterprise as a new startup or purchasing a pest control franchise. The first step for Frank would be to contact the government agency that regulates this industry in the states where he wants to begin operations. This is because each state has specific certification and licensing requirements that businesses must comply with. Generally, the United States Environmental Protection Agency is responsible for enforcing federal pesticide regulations. In setting up the businesses, Frank should ensure that his employees fulfill the state legal requirements and regulations regarding their work.

As required by the Federal Environmental Pesticide Control…

The first step in doing proper legal research is to fully identify the legal issues. This involves determining what statutes are involved or what principles of common law might apply. This is where many researchers fall short and it is essential that the researcher fully identify the parameters of the case before beginning the research otherwise valuable time and effort will be wasted.

Once the legal issues have been identified the researcher is ready to begin the process of finding the cases that support the legal argument that he or she is attempting to formulate. This is where the value of the computer and internet comes into play. In today's legal environment this part of the process is greatly simplified and expedited. Unfortunately, amassing the necessary case law is only the first step and the only step where the computer is of any benefit.

After collecting the law that both…

Legal Immigration Is Good for the United States

With the United States opening its boarders to thousands of legal immigrants each year, immigration has become one of the most hotly debated issues in the country. However, what has largely fueled this debate has to do with the impact of both illegal and legal immigrants on the United States' economy, crime rates as well as education and environment. While some continue to advocate for the reduction of immigration within the U.S., others are of the opinion that legal immigration impacts positively on the U.S. In terms of diversity and economic gains amongst other unique benefits. It is important to note that when legal immigration is viewed from a critical perspective, the United States does benefit greatly from the same. This text will clearly and concisely highlight some of these benefits.

Immigration in the United States: An Overview

Considered a complex demographic…

Secondary research methods and outlets as well as support agencies are examined here. This part is also strengthened by consideration of online outlets for examination of the often fast-paced change in status of certain legal questions.

Somewhat of an anomaly is the placement hereafter of several chapters relating to how best to read and analyze sources and cases. It would seem more consistent with the pacing of this work to place these segments just prior to or after the case law section.

Returning to a sensible structure, the text turns thereafter to consideration of the legal writing field. Offering basic guidelines, tips on structural organization, discussion on point by point segments of legal writing and even discussion on such legal correspondences as opinions and client letters, the text ultimately serves as a rather thorough introduction to effective understanding and practice of legal writing.

orks Cited

Honigsberg, P.J. (2002). Gilbert Law…

Legal Book Review: The Buffalo Creek Disaster

The Buffalo Creek Disaster was one of the costliest preventable tragedies in the history of American coal-mining. An impoundment dam burst in a coal mining est Virginia town, precipitating a deadly flood that killed or injured more than a thousand people, and left many more residents homeless. The dam had been declared sound shortly before it burst by a federal inspector. The owner of the dam, the Pittston Coal Company initially only offered a very small settlement to the victims. "Over 125 people perished immediately. Most were women and children unable to struggle out from under the thick black water choked with crushed and splintered homes, cars, telephone poles, railroad tracks, and all manner of other debris. There were over 4,000 survivors, but their 1,000 homes were destroyed as well as most of their possessions" (Stern ix-x). Survivors of the incident experienced post-traumatic…

(Chizek, 2003)

The ole legal nurse consultant may provide service in a number of roles, including but not limited to:

Consulting expert

Testifying expert

Facility-based investigator

Trainer and in-service presenter

Peer reviewer

Quality improvement, risk management, claims management

Liability insurance marketer and clinical resource" (Chizek, 2003)

As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the event the facility is sued, these will be used to establish the current standard during the time of the questionable occurrence. Policies and procedures also provide the legal nurse consultant with the foundation for facility documentation to be judged for compliance. (Chizek, 2003)

The minimum length of time the modified policies and procedures should be kept is the time frame of the statute of limitations in the individual jurisdiction. In most jurisdictions,…

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…

This collection comprises health-care and social service employees such as visiting nurses, psychiatric evaluators, and probation workers; community employees such as gas and water utility workers, phone and cable TV employees, and letter carriers; retail workers; and taxi drivers (OSHA Fact Sheet, 2002).

The best defense that companies can give is to institute a no tolerance rule in regards to workplace aggression against or by their workers. The company should set up a workplace aggression avoidance course or include the knowledge into an accessible disaster prevention course, employee manual, or handbook of standard operating measures. It is important to make sure that all workers are aware of the rules and recognize that all ascertains of workplace aggression will be examined and dealt with quickly. Additionally, companies can recommend additional shields like:

Providing security training for workers so they understand what behavior is not suitable and what they should do if…

Legal Environment/Total ewards

esizing organizations must have a good idea of where they want to go and ensure to the best of their ability that they will be able to convince employees that this new direction is desirable for all parties involved. First, organizations need to gather information concerning what psychological contract obligations employees perceive as being most valuable. Probably the best way to do that is to gather feedback from an employee survey. In essence, organizations need to know what employees want if they hope to retain and motivate the key people in their workforce. Understanding what employees value most will allow an organization to be more prudent in the implementation of its resizing efforts, because organizational leaders will be better equipped to minimize the number of employees who perceive serious psychological contract breaches.

The organization must constantly monitor the changing need structure of its employees. This process should…

Legal Ethical Environment

[Type the document title]

Over the last several years, the mining industry has faced similar challenges. Part of the reason for this is because of the increase in demand for a host of different raw materials. In the case of Rio Tinto and HP illiton, they are facing similar challenges from various safety issues. elow we will examine how both companies are addressing this underlying problem. (Goodman, 2004)

Identify two firms with similar problems but from different countries

Two firms that are facing similar challenges that are from different countries include: Rio Tinto (based out of the UK) and HP illiton (headquartered in Australia). Where, they are wrestling with how to improve mine safety, due to a series of accidents that have occurred.

Conduct a comparative analysis of the firms

The two firms are facing increasing pressure to improve mine safety standards because of a number of…

Legal Protection for E-Commerce

The Internet is one of the lucrative facets in the global technology market. The Internet has taken the centre stage in illuminating everything taking place in the global commerce environment. With the presence of the Internet, diverse business activities can be executed in different environments. Nonetheless, the positives that have been realized from the Internet use come with dissimilar negative effects and uses among users. As far as the Internet has served to promote business activities, it has a number of disadvantages and negative effects. This has facilitated the establishment of laws to cater for these misappropriations.

Patent law

This law handles intellectual property. Patents are facets that allow business individuals and organizations to formulate and sell various types of inventions like software programs, manufacturing processes, and mechanical processes. The federal law enables these people to have a rightful ownership and performance of their activities with…

Legal medical measures that had to be taken in advance so that people's live would not be at risk, because individuals would actually postpone treatment for the fear of being judged about something that a patient was embarrassed about. It became more of a public health issue to not enforce the rights of individuals who sought medical attention for a pertinent matter.

Although the privacy, safety, and comfort level of patients are impacted by the application of HIPAA, the medical industry was also directly impacted as well. Pharmaceutical industries were no longer able to direct their products directly at patients, since under this policy, they no longer had the right to look at anyone's information. Medical information was no longer up for grabs for the business industry to exploit its usage. Having absolute confidentiality meant that money that was once made from direct tailored advertisement, could no longer be made.…

" (Lee, 2009)

Core labor standards are stated by Lee (2009) to be "more or less the basic labor rights: that is, the International Labor Organization (ILO) core labor standards that have been confirmed by the UN Global Compact and adopted or discussed by the GRI and ISO 26000." (Lee, 2009) Those standards include the following: (1) a guarantee of the three labor rights (organizing, collective bargaining, and collective action) based on freedom of association, (2) a ban on forced labor, (3) a ban on child labor, and (4) no discrimination in labor. (Lee, 2009) Stated as important secondary standards are those as follows: (1) responsibility for employment; (2) industrial safety and health; and (3) training and education. (Lee, 2009) Lee states that western multinational companies "...are capable of investment, innovation, and reporting for SR, because they have been exposed to the CSR movement for some time. Thus companies in…

For instance, in the eyes of the courts, an offense's level could be equated to the guideline for the seriousness of a crime. The next aspect of the scorecard was the offender's personal or associative criminal history. Prior offenses dictated a level of conviction frequencies and social offenses. Therefore the personal criminal history of an individual ends up playing a major role in the sentencing guidelines. A person's propensity to repeat offences entails longer sentences. The person that had a history of repeat offenses offered a greater threat and therefore was often thought to be more dangerous to society. but, how does the justice system maintain a culprit's history without an ability to utilize integrated processes?

This is a prime example of where justice information systems integration could have far reaching implications. In regard to sentencing, first time offenders in one community may not have been labeled as serial offenders…

The partners are directly responsible financially for the obligations of the business. Therefore, in case of loss or debts, the owners suffer the risks and losses since they have liability for the business. In terms of complexity and flexibility, the partnerships remain appropriate for the partners. The issue of raising finance is shared between the partners; however, they cannot get loans for the business independently. Therefore, they are not suitable for the two partners who wish to set their business.

The third venture is a corporation, which is a separate entity from the persons that establish the business. Therefore, in financial terms, they are easy to raise capital as members contribute, and can borrow finance independently. Like the limited liability partnership, they are legally bound and hence the liability is limited. They eliminate the issue of personal liability. The tax returns are similar to those of partnerships and are taxed…

International Legal and Ethical Issues Simulation Summary

George Egloria

Thane Messinger

Addressing International Legal and Ethical Issues Simulation Summary

Issues involved

In jurisdictions where the assets or shares of the transactions are located, a local counsel will be a mandatory prerequisite. In addition, it is likely to engage the local counsel in the seller's jurisdiction. The process of selecting the appropriate company to collaborate with is important. Apart from competence, issues like commitment, trust, and confidentiality are crucial. It is also important for the local counsel to clear conflicts. Counsels must ensure that they are aware of the laws in every jurisdiction. This will make it easy for them to observe all the ethical structures of the local and international laws (Halbert & Ingulli, 2012). They should be aware of possible changes at all times and confidentiality agreements are important in such situations. This request is fair on the ground…

In this world view, the Canadian system of business regulation is ripe for the pruning of its lower branches, where the most liberal, socially, and environmentally-friendly legislation has been enacted that has cut into the bottom line of businesses nationwide (DuPlessis, Enman, Gunz, O'Byrne, 2011). Often, the conservative perspective would like to give personal legal rights to businesses with less consideration put upon the responsibilities that arise from such a legal status. This is to say that businesses, like people, should be afforded rights as well as responsibilities as the cost of the rights granted and enjoyed.

From the other side of the tracks, from a more liberal perspective, business ethics and regulations are different hands on the same body. This is to say that this group of people believes that the more businesses are regulated and ethically fixed; the better off an economy is (DuPlessis, Enman, Gunz, O'Byrne, 2011).…

Under this system, "each joint venture partner would separately account for and pay tax on its income and claim the proportionate share of joint venture expenses" (Ernst & Young, no date).

Liability is also limited in the joint venture under Australian law. It is worth noting that in this case one part of the joint venture "cannot make the other joint venturer liable for debts that they incur in the name of the joint venture, unless authorized under the joint venture agreement" (Cordato Partners, 2012). Thus, John cannot undertake a cost and then ask Fred to foot part of the bill. This is something that differentiates a joint venture from a partnership, and is worth taking into consideration, depending on how the two men expect to handle the operations and financing of the venture. This also makes joint ventures a little bit more complicated to manage than a partnership, because…

In these terms alone, the case played to the prejudices of both sides and obscured the truth about what had happened, though as Stannard shows, there was likely no rape at all and Thalia was covering a meeting with a white man. This event is reminiscent of the charge by Susan Smith that a black man had stolen her car and killed her children, when in fact she had done it herself. Numerous cases can be cited where whites in different parts of the country blame4d blacks for certain crimes that never happened because they thought that stereotype would be believed. In a different way, the same idea empowered Lincoln Steffens to claim that Hawaii was now beset by a crime wave, which was not true:

As Steffens confessed in his book, the crime wave that he had proudly created was entirely invented, although technically all the "crimes" had been…

Google Company Analysis

Company Background

The company under scrutiny is Google Inc. At Google's new parent company, their employees stand at 72,053 full-time employees (Statista). The vision of Google is "to provide access to the world's information in one click." The mission statement is "to organize the world's information and make it universally accessible and useful." Google operates in all countries where the Internet is but is operates in 100 countries around the globe but has 25 countries that have partially blocked Google's services (Google Inc., 2015).

Google is a global technology company that deals in designing. Moreover, it offers various products and services to its subscribers. Google Inc. has a primary focus on web-based search and tools of display advertising, consumer content, desktop systems, hardware products, commerce, and enterprise solutions. The customers of Google are worldwide. The main competitors included Yahoo (YHOO) media company AOL, and Internet pioneer. Moreover,…

Legal Transplants

The objective of this study is to discuss and compare two legal transplants with reference to at least one African or Asian legal system. For the purpose of this work, Turkey and legal transplants will be examined.

The work of Orucu (2008) states that Chiba (1986) relates the "concept of legal pluralism…as an effective attack on the common sense of orthodox jurisprudence by rejecting the 'oneness of state law as law or university of western law." (p.1) Chiba is reported to proffer a model of official law "as always intersecting with unofficial law and legal postulates, and never existing in isolation." (Orucu, 2008, p.1) It is the expectation that the state laws will in cohesion with "society and its normative orders, and religion and worldviews…work together to achieve a balanced and sustainable legal order." (Orucu, 2008, p.1-2) However, according to Orucu "legal centralism reflects the ambition of the…

legal tactics that are used is the power of attorney. This is a written document that is authorizing one person to act as an agent for the benefit of another party. However, depending upon the intended purpose there are a number of different powers of attorney that are granted. To fully understand this concept, means that we must carefully examine each type. Once this occurs, is the point that we can see how and when this is applied in different kinds of situations. ("Power of Attorney," 2011)

The topic that we will be researching is the power of attorney that is granted in various legal proceedings. The reason why this was chosen is because; this tool is often utilized to provide a person with authorization in conducting a host of transactions. The most notable include: conducting audits, end of life situations, purchasing securities or having access to a bank account…

Te NPC, importantly, controls bot legislative and judicial functions -- true to te consolidation of power in communism. Wen discussing te Cinese judiciary, one must understand tere are no juries, only judges; and earsay is admissible as evidence, unlike te civil tradition. However, in keeping wit civil tradition, evidence obtained from documents carries more weigt tan oral testimony. Te judge in a Cinese court is not interested in defending laws, teir interest is in defending te interests of te communist state and te socialist system.

Module 2 -- Legal Researc

Primary and secondary sources (2.11) and Keywords (2.1.2). Sources used in legal researc are primary and secondary: primary researc emerges directly from legal opinions, legislations, treaties or case law; secondary sources are commentaries about te decisions from journalists, lawyers, scolarly journals, and textbooks.

Tings to look for in conducting researc include te rigt keywords, witout wic searc engines are not…

legal framework which provides the foundations for the American system of labor / management relations.

The state of labor / management relations today is very different than it was 100 years ago. Workers can actually reason with their employers and, more than anything else, employers often find themselves at the mercy of employees (due to the unions) and having to kow tow to their demands. This has both negative and positive ramifications.

The history of the labor / management relations synthesis started in the 1860s when the Industrial Revolution created a surplus of labor and competition between factories for workers. Few laws had existed for workers and employers had been cheap with their wages. Unions had existed in the past and workers had often been fired from unions. In fact, workers who had banded together had been perceived as criminals.

The first national union that succeeded, the Knights of Labor,…

New Invention

Business Environment

Legal, Social, and Economic Environments of New Product Development

There are three basic forms in which of businesses can be organized: sole proprietorships, partnerships, and corporations. There are also many different versions of each form. For example, there are many different kinds of corporations. However, based on the scenario represented for the individual who has an idea for a product a sole proprietorship would most likely represent the ideal form for the individual to get started with and if the product does turn out to be a success then they could always reorganize the business later on. Although the individual has an idea for a product that he believes will be a success he does not have a lot of capital to launch a major product development campaign. Furthermore, although the economy is recovering, the external environment is still plagued with high levels of competition and…

Healthcare -- Administration and Legal

Many vectors -- science, research funding, social acceptance or rejection -- influence how and whether medical technology is eventually adopted into medical praxis (Hogle, et al., 2012). Undergirding the choices and changes is a shared body of ethical standards and law, the establishment of which is often not consensual or efficacious. Any emerging technology can encounter unanticipated social resistance and ethical concerns that can change the course of how medical science research progresses (Hogle, et al., 2012). Medical technology often poses questions about access to expensive innovations and considerations about race, gender, and social justice that are inseparable from the socio-economic levels of patients (Hogle, et al., 2012). In contemporary society, there are the inevitable considerations about patent issues, clinical practice, and the commercialization of medical innovations (Hogle, et al., 2012). The recent court decision finding in favor of Myriad Genetics, Inc. provides a good…

legal aspects of job-related stress in Great Britain, with the view to helping businesses in Great Britain avoid stress claims. While the article addresses issues in Great Britain, it also illuminates another way of looking at stress. The first article looked at it from a personal level; the second from a group level; and this one purely from the company's point-of-view. In considering this article, readers might note its implied relationship to the article by Styhre et. al., because it demonstrates clearly that work-related stress occurs within a larger social unit (the employment setting). The article's main point is that employers should handle claims of stress both sensitively and carefully, especially as they relate to suspension and firing, to avoid lawsuits charging the company with causing psychiatric damage to the individual because of how the company handled the situation.

This article points out various causes of stress, all listed in…

Operating an e-Business Today

The Age of Information has created a new environment where many of the rules are still being written. Certainly, any new innovation in human activity requires a careful evaluation of the ethical considerations involved. Not since the introduction of steam engines during the Industrial evolution replaced human workers, though, has a technology appeared that had the potential to so dramatically reshape the human community and the ethical landscape in which business is conducted as e-business does today and in the future. This paper will provide an overview of e-business and its implications, an analysis of three potential ethical problems facing e-businesses today, followed by a summary of the research in the conclusion.

eview and Discussion

Background and Overview. While the World Wide Web dates back to only 1993, Americans are going online in increasingly large numbers, at home and work, today. In fact, by September 2001,…

Public health as a discipline is really both the science and art of preventing disease, improving health, and prolonging the quality of life within a given society by use of public and private organizations. Overall, it is concerned with threats that are the type that may hurt society as a whole -- epidemics, dangers, social and mental well-being, etc. Modern public health is a multi-disciplinary field that includes medical professionals, statisticians, biologists, ecological and environmental professionals, dental professionals, nutritional experts, veterinarians, engineers, lawyers, sociologists, anthropologists, academics, and the political process itself (Rosen, 1993).

Historically, disease vectors, polluted water and pathogens, and lack of sewage without any scientific basis for control or actual understanding of pathogens created public health problems. In the modern world, public health focuses on several levels of health: local/regional, state, national and global -- typically based upon population statistics, demographics and the analysis of disease. Even in…

Liaison

The security industry has in the recent past experienced a shift towards the Hybrid approach in which contractual agency and the client create a synergy. This approach has gained considerable attention in the recent past and is commonly known as engaged liaison. Engaged liaison is defined as a security system in which the client company and the contractual agency work in collaboration to meet specific security goals and objectives (Fischer, Halibozek & Walters, 2013). Through this process, the engaged liaison creates a hybrid security system in which each of these parties have some responsibilities relating to security activities and objectives. Security managers believe that an engaged liaison is the answer to modern security challenges because it enables relevant agencies to work together toward accomplishing specific security-related objectives.

The significance of this approach is also evidenced in its creation of an organizational structure with enhanced capabilities to hire specific expertise.…

Legal Underpinnings of Business Law

Comparison of my personal liability exposure as an owner because of the lawsuit

From a legal perspective, an entrepreneur and a company are similar in a sole proprietorship. The company is not an individual legal enterprise. As the entrepreneur, I am individually responsible for the company's liabilities and debts. In case I happen to breach an agreement with one of the providers, they can sue me. This will make to be personally liable for breach of contract. My personal assets -- home, car, and individual belongings are likely to be in the risk line in case of a court case. In comparison, the lawful liability as a sole proprietorship to the limited liability provided by other company types like the corporation. A corporation is an independent and a lawful entity unique from its owners. Compared with a sole proprietorship, if an organization is found liable…

Neo-Liberalistic Legal Concepts on Nations ith Distinct Legal Tradition (Common, Civil, Socialist)

This review of the related literature focuses on broad definitions of the law as historically legislated and then as practiced in three countries: Malaysia, Indonesia and China. Common law, civil law and socialist law will be defined separately and then as they each apply to the country which has used that system as its focus for legal practice. The effect that neo-liberalism had after the Asian financial crisis on these three nations will be then be examined. Finally, this review will determine if there has been a change post-crisis in merger and acquisition or public finance law.

Definitions

It is necessary to begin by defining terms that will occur throughout this review. The three systems of law to be initially discussed in the review are common law, civil law and socialist law. Of course, many dispute the fact…

, 2010). Where there is the sale of shares, there is also a great potential that the existing owners will have little control over who the shares are subsequently sold to, especially in a quoted company. The firm will also be subject to the Sarbanes-Oxley Act (SOX), which was also known as the "Company Accounting eform and Investor Protection Act," in the Senate (Libby et al., 2010).

3.

Decision for the Business

As the business is a new idea, and will initially only involve a single person, the idea of a partnership may be eliminated. This leaves sole proprietorship and corporation. If there is to be only one owner the S-corporation may be used, as this may accommodate a single shareholder. This structure may be attractive as the business will be a separate entity, especially as the owner will not carry any personal liabilities for the business debts. However this…

Court System

The basic structure of the United States legal system comes from the Constitution. Constitutions are living documents that lay down principles and rules, as well as overall functions of how law should be used within society. Constitutions tend to be macro in scope, in that they define responsibilities between the three organs of U.S. Government (Judicial, Legislature and Executive). Laws are individual (micro) edicts that are made to define specific issues under the Constitution. The Constitution is the basic framework, or the strategic direction of law; defining relationships and allowing for reasons that are fundamental to other laws (e.g. privacy, search, etc.). Laws are the manner in which the tactics of the legal system and/or philosophy are carried out and used within society. A Constitution defines the theoretical basis of law, while laws incorporate the process of law and allow the government and its officers to use the…

Although Cad Mex Pharma has its patent rights reserved under protection act of Trade elated International Property ights (TIPs) for 20 years ("Agreement on Trade-elated Aspects of Intellectual Property ights") but TIPs also allow government to enforce compulsory licensing under health emergency (World Trade Organization: "Compulsory Licensing of Pharmace"). Now choice of law humbug anything against Candorean government and the TIPs health emergency clause will affix more political pressure on Cad Mex Pharma. So if Cad Mex Pharma takes legal action that could result into Gentura's bankruptcy via employing binding arbitrator and otherwise Cad Mex Pharma can take no legal action and demand marketing rights in another drug. Former option is not recommended as it leads to loose- loose situation and relations with Candorean government would be blemished and as per latter option unwillingness has been witness from Gentura side (Graham Matthew, Sep 2005). Leaving behind only option of claiming…

b. Civil -- Civil cases involve disputes between two parties. In these cases the person or entity who files the suit (the plaintiff) claims that the other person or entity (the defendant) has failed to fulfill a legal obligation to the plaintiff. The plaintiff may request the court to require the defendant to either fulfill the obligation or make monetary restitution.

III. Federal Court System

a. Jurisdiction -- The jurisdiction of federal courts is limited to what is provided in the Constitution. Typically, these are cases involving:

i. Cases in which the United States is a party

ii. Cases involving violation of the U.S. Constitution or Federal Laws iii. Cases between citizens of two different states if the amount is greater than $75,000

iv. Bankruptcy, copyright, patent, and maritime law cases.

b. Organization of Federal Court System -- There are three basic levels of the federal court system. These are…

firms, the organizational structure will have an impact on how well they are able to achieve operational objectives and increase profit margins. In the case of Southwest Airlines, they have redefined the way carriers are interacting with customers and the kinds of services that are provided. This is illustrating how the kind of structure will influence the way a firm is able to reach out to stakeholders. To determine the kind of model that Southwest is utilizing requires looking at: the organizational structure, how it functions and the design. Together, these different elements will show how Southwest Airlines is able to use them to increase revenues and meet the needs of various stakeholders.

Describe the organizational structure of Southwest Airlines. Compare and contrast that structure with two different organizational structures.

The organizational structure that is used by Southwest Airlines is a hybrid model. This is where the firm is utilizing…

There are three types of stimuli used, which are:

1) Targets;

2) Irrelevant; and 3) Probes.

These are used "in the form of words, pictures, or sounds..." which a computer presents for a second or even a partial second. Incoming stimulus, if it is worth noting, results in a P-300, which is an electrical brain response. The P-300 is part of a MERMER or a memory and encoding related multifaceted electroencephalographic response, which is a larger brain response.

Originally event related potentials (ERP) was the method used for studying brain activity information processing. The limitation of the ERP is that it causes elimination of all patterns that are complex and results in the meaningful signals also being lost. The multifaceted electroencephalographic response analysis or MERA was developed due to the limitation of the ERP. Farwell found that incorporation of this technique resulted in the elicitation of MERMER when the individual…

This indicates that the government must take necessary measures to limit or reduce the extent of criminal activities within the economy. This can occur through legalization of human smuggling while tightening the rules and regulations governing property or product smuggling.

Smuggling and Price Disparity odel

In the Bhagwati and Hansen odel (Bhagwati-Hansen odel), smuggling is a trade at the world or international prices. This indicates that there is evasion of taxes. This trade involves less favorable transformation curve in comparison to curves under the free trade condition in the absence of the taxation system. This is under the assumption that smuggling involves real cost such as additional transport costs. In their illustration of smuggling and welfare, Bhagwati and Hansen indicate that smuggling has negative effects on welfare. This illustration explains that smuggling reduces welfare in the presence of co-existence between legal and illegal trade (smuggling). Bhagwati and Hansen explain that…

Accepting Client Assignments

Outstanding client service begins with a full understanding of the client organization, its business needs and the position to be filled. An AESC member should:

Accept only those assignments that a member is qualified to undertake on the basis of the member's knowledge of the client's needs and the member's ability to perform the specific assignment.

Disclose promptly conflicts of interest known to the AESC member and accept assignments only if all affected parties have expressly agreed to waive any conflict.

Develop an understanding with the client that, among other things, makes clear the organizational entity that is defined as the client organization, the fees and expenses to be charged, and any ongoing assurances or guarantees relating to fulfillment of the assignment.

Agree with the client concerning any "off-limits" restrictions or other related policies that govern when and how the member may recruit from the defined client…

Indian Legal Environment Foreign Companies Introduction Today, International Businesses buy sell, India. It essential a foreign company planning enter India, understand culture, traditions peoples' mindset.

Conflict in Employment elations

The issue of conflict in employment relations presents great importance to companies because of the effects it has on the activity of employees and on the performance of the company. There are several types of organizational conflicts. The most important types of conflict are represented by individual, collective, overt, covert, and others. Based on the paradigms that these situations refer to, conflicts can be industrial, like strikes, breaches, misbehavior, sabotage, and resistance. The numerous causes of organizational conflicts lead to different types of conflicts and strategies used in these cases.

Job egulation Paradigm

Conflicts in job regulation are important because they help reach a level of stability and balance in the system. This objective can be reached by identifying different interests…

Centralization

Structure of the Model and its Operationalization

The Model

In the wake of a highly volatile economy, organizations must find ways to improve their bottom lines and profitability through new and innovative means. Many businesses realize that one of the most important assets that they possess is intellectual capital in the form of intellectual assets and human capital. As businesses struggle to revitalize their assets and assess their value, they are reminded that intellectual capital can provide a wealth of opportunities for growth in a number of ways. The identification of intellectual capital requires a strong sense of work ethic and research skills to identify new knowledge and skills. Once these forms of intellectual assets have been identified, they must be cultivated and managed with efficiency and expertise. Although intellectual capital provides a wealth of opportunities for growth and value in an organization, it is often very difficult to…

Business tructures Overview -- There are a number of different business structures that are available to the new business owner, or someone purchasing a business. Each different structure has its own set of rules, with each having different tax and legal implications. The choice of which to use is thus based on the type of business, its overall legal liability (e.g. A rafting company vs. A resume service), the number of people involved, potential income, and potential longevity.

In business structures, a sole proprietorship is the simplest and is an unincorporated business that is owned and operated by a single individual. All profits and liabilities are the sole responsibility of this individual. This is the most autonomous of the business structures. ole proprietorships have few formalities, few regulations and very little federal, state and local tax issues. However, it also has the least amount of liability protection for the business…

Neuman, W.L. (2003). Social research methods: Qualitative and quantitative approaches, 5th ed. New York: Allyn & acon.

In this popular text, the author provides a comprehensive overview of both qualitative as well as quantitative research methodologies, including techniques to improve the reliability and validity of social research approaches that involve questionnaire and interviews.

Statz, S.E. (2006). Finding the winning combination: How blending organ procurement systems used internationally can reduce the organ shortage. Vanderbilt Journal of Transnational Law, 39(5), 1677-1678.

Author presents a useful background and overview of organ donation practices used in the West with those used in Iran and Pakistan and provides a pragmatic analysis of how paid organ donations may represent a viable alternative to current Western practices if certain ethical issues are taken into account and steps taken to ensure that donors are not coerced by family members or others whose economic motivations and incentives outweigh the…

The line of legitimacy, separating socially approvable use of force from violence, cannot be effectively drawn without an agreement on what constitutes the optimum amount of force necessary to maintain social order and to protect human rights against encroachment. A society subscribing to infinite morality which condemns all use of force as immoral is doomed no less than a society accepting the absolute pragmatism of tyrants. "

As Oleg Zinam proposes, these two extreme social attitudes to morality are equally unprofitable to the societies that adopt them. The attitude of absolute pragmatism can easily lead to the acceptance of political assassinations, as long as such acts may help the final political purpose. An example of absolute pragmatism can be the regime initiated by Hitler, who ordered the extermination of all Jews in an attempt to "purify" the human race by excluding anyone who did not fill in the Arian ideal.…

Organic Pet Store

The legal and regulatory environment for an organic pet store is relatively straightforward, with limited regulations. All of the products must be approved by the FDA, which means that all suppliers need to go through this process (FDA, 2011). Food that is advertised as being organic must be certified as such, either through the USDA or the Oregon Tilth. No generic organic certification is allowed -- all products sold as organic in the store are subject to the regulatory process. There are few major influences in the global, economic and technological environment, although organic pet food demand may be correlated to consumer confidence and discretionary income measures. The economic environment is challenging, since the economy is presently growing slowly and consumer confidence is relatively low (Conference Board, 2011). That said, consumer spending is rising (BEA, 2011) as the result of high confidence levels among the upper 20%…

Tribal Law Enforcement

The legal responsibilities of the federal government has been on the increase with each passing year though the basic responsibility of preventing and controlling crime rests with the state, local and the tribal governments for it to be effective. There are several tribal police units that are entrusted with the control of crime and prevention of the same assisted by the tribal judicial systems that have the duty of applying the law. These two bodies, the tribal police and judiciary system are the ultimate expression of tribal sovereignty. These two systems help the nation express it sovereignty since they assist in enacting, enforcing as well as interpreting the national laws at the grassroots level (National Congress of American Indians, 2010).

Nature of Indian law enforcement system

Most of the public safety and criminal justice systems that are in the Indian legal system and Indian Country are funded…

Mudra did not act according to this principle when he ignored the warning signs of Daniel's condition.

The best course of action would therefore have been a focus on beneficence/non-maleficence rather than upon respect for autonomy. Daniel's age is also an important factor. Concomitantly with his condition, Daniel's immaturity and a desire to "prove" his independence to his parents, could have contributed to his death. When treating such young persons, it is perhaps advisable to place emphasis upon non-maleficence rather than respect for autonomy. In terms of these two principles, it would be acceptable for the parents to complain.

In terms of scope, the final principle, justice, is not as applicable to Daniel's case itself as it is to his parents. The parents feel aggrieved by the practitioner's lack of in-depth knowledge and action regarding Daniel's condition. They are seeking justice for themselves, but it is too late for such…

Hamdan v. umsfeld

Hamdan v umsfeld

Case Name and Citation: The name of the case is Hamdan v. umsfeld, 548 U.S. 557 (2006). Salim Ahmed Hamdan is a Yemeni national, who was captured in Afghanistan in 2001. He is accused of providing material support to terrorists and was transferred to Guantanamo Bay, Cuba. In 2002, the Bush Administration declared him to be an enemy combatant. They determined that he would stand trial before a military tribunal. However, several years have passed and he has not been allowed to consult with legal counsel. The result is that the proceedings are delayed which keeps him confined at the facility indefinitely. Donald umsfeld was the Secretary of Defense and is responsible for the administration of the prison. [footnoteef:2] [2: Hamdan v. umsfeld, 548 U.S. 557 (2006)]

Facts: Hamdan was captured by militia forces in Afghanistan and was turned over to the U.S. military…

Judges are in charge of prosecution and criminal investigation, which permits greater independence. The Spanish prosecution structure allows for successive appeals to a higher Court of Justice. The European Court of Justice can hear the final appeal (Dimireva, 2009).

Contractual disputes that occur between American companies and Spanish entities are normally handled fittingly. There is no U.S.-Spain agreement on the mutual recognition of judgments, so U.S. citizens seeking to execute American court judgments in Spain must follow Spanish law, in this instance a complicated procedure known as the exequatur process. In light of the Embassy's past experience in attempting to assist American citizen claimants with the process, the Embassy recommends that Americans who conclude contracts with Spanish entities specifying the U.S. As the venue for adjudicating disputes also come to an agreement regarding how a possible U.S. judgment will be executed in Spain (Dimireva, 2009).

Both on the mainland and…

Statement 3

Another important issue to consider in the contraction of debt is represented by the impact of this debt on the company stakeholders -- employees, business partners, the public, and most importantly, the share holders. The primary scope of the economic agent is that of creating value for its stakeholders, but excessive debt could jeopardize this desire, especially since debt is money that has to be repaid and it as such reduces the future levels of profitability.

At the level of value creation, a crucial aspect to be analyzed is represented by the source of the debt to be contracted. On the one hand, there is the contraction of debt through loans, which are characterized by the fact that control and ownership of the company remains intact, but payments have to be regularly made; the payments are nevertheless tax deductible.

On the other hand, there is the contraction of…

Dimitri's Baked Goods Inc.

Structure

The organizational structure is flat, with the organization chart only having one vertical layer. This layer has Leakos at the top as the manager and all employees reporting to Leakos. The second layer is then divided by function into four areas: production, sales, office and retail. This provides a single chain of command. This single chain of command is effective for the business because all employees are clear on who they report to. This is also assisted by Leakos dealing with his employees on an individual basis. This individual attention means employees have a relationship with their superior. This single chain of command is effective because of the small size of the business and because Leakos makes himself available to employees. If the business were larger or were to expand, this single layer of management would not be sufficient for adequate control to be maintained.…

NETWORK FORMATION AND NETWORK STRUCTURE OF NETWORKED INCUATORS ASED ON THE CASE STUDY (attached additional material). You address 2 issues basing discussion answers type questions points identified issue.

Incubator firms.

Networks are organizations governed by relationships. On a human scale, networks are "a form of organised economic activity that involve a set of individuals & organisations ('nodes') linked together by formal and informal relationships including contractual obligations, membership of trade associations, transfer of funds kinship and family ties" (Mitra 2013:4, citing Gulati, 2007, Nohria and Eccles, 1992). The position of the different 'nodes' affects the nature of the organization just as much as its component parts.

The 2000 case study "Networked incubators: Hothouses of the new economy" specifically analyzes a new form of organization called a business accelerator, typified by Hotbank, CMGI, Internet Capital Group, and Idealab!, which were designed to act as catalysts to bring new businesses to fruition…

resource file. These structures are typically found in hospitals but less frequently in other health care organizations. Select another health care organization and discuss how one or more of these structures could be adapted to it

Conducting in-depth interviews can be a vitally important part of an organization's ability to 'check in' in terms of how it provides critical services to patients. Structured interviews are designed to elicit specific responses about a particular component of the care that is bestowed, often with specific lists of questions to allow for quantitative comparisons of results; unstructured interviews solicit general information without a specific focus. Semi-structured interviews tend to have a purpose, but are less controlled in terms of their questioning and can allow for greater patient input.

One area of healthcare which often receives insufficient attention is the school environment. Schools provide health information for students in classes, and also provide mental…

Emaar Properties is a real estate development company based in the United Arab Emirates. The Chairman of Emaar Properties is Mohamed Ali Alabbar (Emaar, 2010). Hussain Al Qemzi is the Vice Chairman (Emaar, 2010). Below them are the Board of Directors, consisting of nine people (Management, 2014). The Head of Internal Audit and the Group Chief Executive Officer stem from the Board of Directors, and the Corporate Office under the Group Chief Executive Officer contains three people (Management, 2014). Below that are seven divisions: eal Estate, International, Investment Holding, Malls Group, Hospitality Group, Finance, and Industries and Investments (Management, 2014). Several of those divisions have as many as nine subdivisions in them, making the hierarchy of management even larger (Management, 2014). However, the size of the company essentially demands a lot of breakdown because it is not possible for one person to run all of those subdivided companies efficiently if…