Traditional and Nontraditional Litigation
Basically, alternative dispute resolution (AD) is taken as a way of resolving conflict in a confidential though informal way. Litigation on the other hand can be described as a process where a lawsuit is maintained and defended. Nontraditional forms of AD avail alternatives to the traditional litigation system. In this text, I will concern myself with the main differences as well as similarities between the nontraditional forms of AD and the traditional litigation system.
Traditional Litigation and Nontraditional forms of AD
According to Beatty and Samuelson (2009), nontraditional forms of AD are cheaper than the traditional litigation system. This essentially means that in terms of costs, the traditional litigation system comes across as being more expensive. While the costs associated with nontraditional forms of AD are limited to arbitrator fees and the fees of the attorney, the traditional litigation system could in addition to attorney…… [Read More]
Mediation of a dispute typically involves using a neutral third party to act in the role of a guide, a negotiator, or someone who might she differing viewpoints upon a situation. They may or may not be a member of the legal profession, but are required to hear both sides of the dispute, then meet with the parties, and focus on a mutually beneficial solution to the issue. Mediation is less formal than arbitration, and tries to ensure that parties "really want a solution" to the issues and will work to find said solution. Arbitration, however, usually requires a judge or attorney, and is similar to a court proceeding. Often, both sides must agree to the decision by the arbitrator to be binding, and typically, arbitration avoids lengthy trial proceedings. In arbitration, both sides state their position, witnesses may be called, and the arbitrator can probe both sides as appropriate…… [Read More]
Managing isk Assessment and Litigation in UK Physical Education Departments
This is a research proposal for a British university that aims to examine the rise of the litigation culture in the UK, as well as how schools' physical education (PE) departments are geared towards coping with it, particularly in light of professional training of physical education teachers for this purpose by management. isk assessment training is a management-based programme; therefore, the emphasis lies on how the PE manager/head of department manages the process of risk assessment.
isk assessment has reached a new level of importance in the Information Age. The growth of sophisticated networked information systems and distributed computing has created a potentially dangerous environment for private and public organizations. "Critical data -- such as from trade secrets, proprietary information, troop movements, sensitive medical records and financial transactions -- flows through these systems" (Hamilton, 1999, p. 69). Consequently, organizations are…… [Read More]
PAC won their case, with the court ruling that all children, including those with identified special needs, were entitled to a "free, appropriate public education" (Eric 1998). This case, and several others that challenged similar laws and/or de facto education practices, led in 1975 to Public Law 94-142, now better known as the Education for All Handicapped Children Act (EIC 1998). This piece of federal legislation mandated that all children receive the "free, appropriate public education" at their local institutions.
The Education for All Handicapped Children Act also led directly to the Individuals with Disabilities Education Act, or IDEA (EIC 1998). This law provides direct federal guidelines for the services that state and local public educational agencies and institutions must provide to students with disabilities, including early intervention programs for infants and toddlers and school programs for children in kindergarten and beyond (EIC 1998). Continuing amendments to both the Education…… [Read More]
Susan P. Sturm titled: "The Legacy and Future of Corrections Litigation" details the importance of litigation to correctional reform, the correctional and legal landscape within the Prelitigation era, and the impact of litigation on the management and organization of correctional institutions. Litigation within federal courts comes as a routine and integral part of corrections management. Because of its importance in corrections management, it has been made obligatory upon corrections officials to recognize more the legal issues that were often in the past left to corrections counsel.
One good example is the "mootness" doctrine, that while seems highly legalistic, is not so much the case. Mootness is not simply and solely an apprehension for the department of corrections council. Rather, certain decisions with direct association to mootness are commonly made by said corrections administrators not having consulted with corrections council. Making such decisions can have a major impact on results of…… [Read More]
traditional litigation and pursuing AD in this case.
Litigation is becoming more prevalent within developed countries. As aspects of wealth inequality, poor economic prospects, and low job prospects taking hold, many individuals are elected to use the court system as a means of getting rich. Due to the sheer volume of cases that were being seen by the courts, the process has now become very slow. It is not uncommon for individuals to wait months, even years, to have their case seen before a judge and a resolution provided. Litigation can be a costly and unfulfilling endeavor, particularly if the dispute is frivolous. Fortunately, an AD offers an efficient and timely method in which to resolve these disputes. Through AD, parties can arrive at a solution that allows the dispute to be settled with the hassle, costs and negative publicity associated with litigation. In addition, an AD, can provide a…… [Read More]
The zero tolerance policies that have often been put into place in order to safeguard against lawsuits from repeated transgressions are one of the clearest examples of the unfairness of things in the current climate. The story of the six-year-old suspended for brining her grandfather's pocket knife to show and tell is proof positive that the humanity has been litigated out of education. Again, safety is paramount, and it is more than understandable that a school would want to ban weapons from its grounds. At the same time, however, the teacher that suspended this student must certainly have felt a great deal of fear regarding her job and the possibility of other legal issues had she failed to strictly apply her school's standards.
Fear seems to be the dominant motivator for many actions in the climate of litigation that permeates the public education sector. More than anything else, this is…… [Read More]
An astounding 72% of teachers were seen to think that parents too often take their child's side without being reasonable to what really happened from an adults' point-of-view. Additionally, many may see the chance of a lawsuit as a way to get rich quick, and therefore blow up the situation bigger than necessary for the potential of a large payment. Since this happens too often within modern practice, it is understandable how both teachers and educators alike would take a disliking of such cases.
Yet, despite these complaints, most educators and educational administrators have been seen in this research to believe that protection of children is worth the annoyance of litigation. Although many educators see lawsuits as taking a personal toll, the research overwhelmingly showed that many thought it was still necessary to have the option to sue to protect those children who have been wronged. The research presented here…… [Read More]
For example, "in 1999, a Los Angeles jury issued the biggest punitive damage verdict ever -- $4 billion -- against General Motors (GM). The plaintiffs had been trapped and burned when their automobile gas tanks exploded. In court it was revealed that GM had chosen not to warn the public about the gas-line defect because it judged it would be cheaper to pay out individual lawsuits than to recall the defective automobiles," as explicitly stated in an internal company memo (Court 2004)
Do you think pre-conviction forfeiture in criminal cases is constitutional?
Strictly speaking, the practice is of highly dubious constitutionality, given that Amendment 7 of the U.S. Constitution requires a trial by jury to convict them of a crime. In some cases, pre-conviction forfeiture has been used to remove animals when someone is charged with abuse, which may seem like a noble use of the statute, but even then,…… [Read More]
DiCenzo v. Best Products Company, Inc. (Dicenzo v. A-Best Products Co., Inc., 2008), is actually a compilation of several different personal injury actions filed against approximately 90 different defendants. Such filings are not unusual in the products liability field particularly in cases involving asbestos manufacture, sale and distribution. The wide use of asbestos and its popularity as a fireproofing and insulating material resulted in many firms becoming involved in the asbestos industry but when it was later determined that asbestos was also a serious carcinogen the high number of business involved in the industry also served to complicate the litigation process. The result was that many such cases were consolidated in order to avoid the litigation of the same issues over and over again. The instant case presents a classic example of how and why asbestos cases are so readily consolidated by the courts.
The named plaintiff, one of ninety,…… [Read More]
This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe).
Next, the complaint will allege subject matter jurisdiction, i.e., that the lawsuit fulfill the requirements for this court to hear it? Pertinent requirements can include how much money haws plaintiff sued for or whether the case poses a question about a federal statute or the U.S. constitution. In many cases involving litigants from different states, the Plaintiff will allege that he is suing the Defendant for an amount greater than $75,000.00, which is the minimum monetary amount for federal subject matter jurisdiction (Title 28 U.S.C. § 1332(a)) and that the Plaintiff does not reside in the state in the same state as any defendant (Am Jur Pleading…… [Read More]
A lawsuit would create bad publicity for the bank during a period when it needs to create a positive image for itself in the media.
Retaining a strong relationship with an IT business partner is beneficial for CS, given the ever-changing nature of technology. The changing demands of the project is one reason the company has had such as stressful relationship with SS, and presumably the new system will require updates and reform in the future. Fostering a bad relationship with a well-known technology company is hardly in the interest of CS if it needs to update its system again.
Specific measures managers may take to minimize legal risk or realize legal opportunities.
Clarity in wording is essential in the future agreement for both parties. From the perspective of SS, limiting its liability is of paramount important, given that under the current contract, regardless of how tenuous an argument, CS…… [Read More]
The ole legal nurse consultant may provide service in a number of roles, including but not limited to:
Trainer and in-service presenter
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,…… [Read More]
That was the year that significant changes were made in the Securities Act and the rules for bringing class action lawsuits were adjusted and modified. Because of those changes, it became more important from a litigation standpoint to ensure that conservatism was used in accounting valuation. Because there are empirical differences between the contracting and litigation perspectives, there have been many discussions regarding them in the past and that will likely continue well into the future. Each accounting firm must do what it feels is in the best interest of both itself and its clients, but the avoidance of lawsuits is a highly significant issue to consider when a company is planning to focus on a particular accountancy option.
C. Income Tax Perspective
Because income taxes are so closely tied to earnings, it only stands to reason that there would be an accounting valuation issue as it relates to conservatism…… [Read More]
M. Lin's release from MCF has had the effect of rendering his lawsuit moot. In this case, M. Lin was incarcerated at the time the lawsuit was filed, but not at the time it is being decided. Thus, M. Lin's cause of action fails on the issue of mootness. Additionally, of the six members whom were denied visitation privileges, five of them have had sons which whom were formerly incarcerated at MCF, but now have been released. The son of the sixth MOM member asserting denial of visitation privileges died after his release from MCF. Thus, all of the six members of MOM claims will fail as a result of mootness.
The controversy must be ripe for decision; ripeness bars consideration of claims before they have fully developed. A case may be dismissed as unripe where a statute has never been enforced and there is no real…… [Read More]
When business internationally issues settling legal disputes international transactions. What practical consideration taking legal actions a foreign business partner-based country? Which laws precedence.
Dealing with conflict in the new global economy
The rise of the new global economy has generated profits for many enterprises because of the connections it has fostered. However, in addition to the positive benefits of international agreements, there has also been a rise in international disputes. "As international commerce increases, so does the volume of international business disputes…new inbound and outbound foreign investment surpassed previous levels. Some of these deals will fail, and not all contracts will be performed as planned" (A new way to resolve international business disputes in Illinois, 2013, CIDA). Two of the most common methods of dealing with international disputes between business entities are international litigation and international arbitration. Litigation has certain superficial advantages, from the point-of-view of a firm:…… [Read More]
As such, any valid arbitration agreement will be accordingly handled and implemented by the arbitrators on the case.
4) What specific steps can be taken effectively to change this legal outcome in future cases?
In the case of Clinton Cole vs. urns International Security Services, the Court decided against the plaintiff's request to render void the arbitration agreement signed by employee on the 5th of August 1991. In order to change the outcome of future similar legal cases, the employees need better arguments as to why the arbitration agreement should be considered null by the Court. Also, to convince the Court to rescind the agreement, the plaintiffs and their lawyers should focus on the issues that are not covered by the arbitration agreement.
For instance, employees could point out how the agreement refers to the "recruitment, employment and termination of employment by the Company; including, but not limited to, claims…… [Read More]
United States of America (plaintiff) v. amzi Ahmed Yousef, Eyad Ismoil and Abdul Hakim Murad (defendants)
amzi Yousef, Eyad Ismoil also known as Eyad Ismail, and Abdul Hakim Murad also known as Saeed Ahmed were charged by the United States in a federal district court for conspiring to bomb twelve American commercial airlines in Southeast Asia. Following his entry in Manila, Philippines in 1994, Yousef developed a plan for the attack which incorporated five people placing bombs aboard the aircraft and exiting them at their first layoff. Together with other people, Yousef tested the plan on two incidents by placing smaller bombs in other aircrafts. This plan was discovered when the three accidentally started a fire when burning chemicals in the Manila apartment. The area police arrived at the scene and found plans to carry out the attacks on Yousef's computer as well as components for developing a…… [Read More]
Employee Privacy Torts
Issues relating to employee privacy have been at the forefront of businesses for many years. This has been fuelled by the dynamic workplace which changes constantly and also by employees and employers being more litigation-conscious. Technology has also spurred on employee privacy issues with e-mail and the internet being related to heightened concerns about vulnerability of employers to litigation. Many employers have thus exacerbated their concerns relating to employee privacy and especially monitoring of employee behavior. Employee privacy is respected in many of the large corporations. However, there still exist some breaches in employee privacy. Small business owners are at most risk as a result of their increased monitoring practices and close employer-employee interaction.
oberson v. ochester Folding Box Company
One of the major cases that brought employee privacy to the limelight was oberson v. ochester Folding Box Company
Franklin Mills Co. decided to appeal…… [Read More]
Assets in the investment portfolio were overvalued. Financial transactions were structured to report smaller amounts of debt and create the appearance of greater cash flow. Financial results were represented in a false and misleading manner.
Forensic accountants also played an important role in the Enron case by doing audits and investigating accounting practices to gather evidence of how the fraud was performed. They played vital roles in the court room in presenting the evidence against cross examination and scrutiny. The forensic accountants were highly valued for their objectivity in the way evidence was presented.
Accounting, auditing, investigation, business, and understanding human behavior enabled forensic accountants to gather evidence for prosecution of fraud in court cases involving fraudulent accounting practices. These are vital skills forensic accountants are required to maintain. Forensic accountants must maintain competency, due care, objectivity, integrity, confidentiality, and proper conduct at all times, whether working with a client…… [Read More]
founding partners of a small consulting firm. The company's attorney noticed the growing tension in the office and worried that there was going to be a blow-up.
ut, like the majority of business disputes, this one was resolved by mutual agreement without resort to litigation (Corley, Reed, & Shedd, 1995). In fact, the attorney suggested that the partners call in a mediator team, and this successfully defused the problem. Corley et al. define mediation as "a process in which a third party is brought into the controversy to help settle the dispute" (1995, p. 100). A mediator brings to the bargaining table an unbiased viewpoint and skill in bringing about compromise (Corley, Reed, & Shedd, 1995). Also, unlike arbitration, the solution suggested by the mediator is not binding, but is given significant weight (Corley, Reed, & Shedd, 1995).
These characteristics of mediation were central to solving this disagreement between partners.…… [Read More]
A federal civil case entails a legal dispute between two or more parties. In order to start a civil lawsuit in federal court, the plaintiff will file a complaint with the court and serve a copy of the complaint to the defendant. The complaint will explain the plaintiff's injury, give details about how the defendant caused the injury, and ask the court to order relief. A plaintiff will often look for money in order to compensate for the injury, or may ask the court to order the defendant to stop the behavior that is causing the harm (Civil Cases, n.d.).
To put in order a case for trial, the litigants may perform discovery. During discovery, the litigants must give information to each other about the case, such as the identity of witnesses and copies of any papers associated with the case. The purpose of doing discovery is to prepare…… [Read More]
The last two findings justified the need for these things to ensure the safety of the children. It was mentioned in the article that while "the ramifications of the 'legalization' of education are distasteful and sometimes disturbing," nevertheless "lawsuits and procedures are the price [to be paid] for protecting children" and that they are willing to pay this price rather than risk the safety and well-being of their students. Children are building blocks of our future. This is why I personally believe that children must be nurtured and protected at all costs. Hence, I think that the profession of teaching is one of the most noble and important professions in this world albeit one that can oftentimes be too sensitive.
According to a study by Jonah E. ockoff, "school administrators, parents and students themselves widely support the notion that teacher quality is vital to student achievement" (ockoff, 2004). By experience,…… [Read More]
Laws Governing Business Entities
Laws Governing Business Organizations
Every business organization in a developed market is governed by laws, which are rather closely monitored to ensure the good fairing of the organization in the business market. Such laws provide for the standard form of the generally established legal entities in the worldwide economy. Such defined entities include, partnerships (general and limited), Limited Liability Company, cooperatives among others. This document outlines such laws and consequently defines their importance in performance of any organization or company established in a stable and developed business economy.
laws of most companies and organizations are articulated as below. This list provided below generalizes what is common and basic to most of the organizations or rather legal entities.
Every business organization should specify its official name to ensure proper identification with the concerned legal authorities. Each company has its own specific name, which is considered…… [Read More]
Stopping Looting of Classic Greek and Roman Underwater Antiquities Sites
Cultural artifacts that both describe how a group of people lived and demonstrates the art they contrived is precious to the people who consider themselves present members of that culture or, at the very least, are residents of the nation from which the culture originated. Unfortunately, the removal and sale of these artifacts has a long history, and the trade is only recently being regulated and stopped. There are many problems with the methods used to stop the trade however and no one nation or regulatory body has been able to devise a solid means by which these treasures can be returned to the people who claim them as heritage. The heritage argument and the ability to return the artifacts becomes even more clouded when the items in question are found underwater. Although there has been a concerted…… [Read More]
decision will need to be made about the future of each one. Each decision will be supported with an analysis of the situation using the relevant legal framework. In general, companies are allowed to terminate employees if the termination is part of a downsizing, which in this case it is. Naturally, however, the issue of severance will be raised, and must be taken into consideration for each of the employees in question. The format will be a discussion of each individual employee, his or her situation, but then the final decision about who to terminate and how will be conducted at the end of the report. The microbrewery is probably a qualified company, with at least 15 employees, or this discussion would not be taking place.
Employee #1 -- Mike illiams. illiams is a member of a protected group, being Asian. His performance has been above the median, which gives…… [Read More]
Tis allows tem to ave an advantage if litigation becomes inevitable.
5. Non-Competition Clause a/k/a Covenant Not to Compete Clause - Most companies will attempt to protect teir intellectual capital from competitors by aving employees sign a non-competition agreement or, alternatively, by including a non-competition clause as part of an employment contract. Suc agreements restrict an employee from joining forces wit a competitor or setting up is or er own competing business for some period of time witin a particular territory (geograpical or oterwise). Tese agreements ave become so common in te tecnology sector tat most people use tem witout muc attention to teir content. Tis is wrong, and a lot of companies come to pay dearly for suc a careless approac. It is important t o note tat not only do companies dealing wit intellectual property use suc an agreement. Tis clause is utilized any time a company wants…… [Read More]
Vonage said in a regulatory filing. Vonage's stock, which was down 13 cents to $1.54 in 4 pm. New York stock Exchange composite trading, was down another 24 cents to $1.30 in afterhours trading. Vonage went public in May of last year at $17.One of the early players offering internet telephone service, Holmdel, N.J., vonage has been reeling in the past year as it has lost two high-profile patent lawsuits. All the major phone companies have patents they claim cover aspects of voice-over-internet-phone technology" (at&T Files patent Lawsuit Against Vonage).
AT&T has been trying to arrange a settlement with Vonage for the past two years, which shows they want to do the right ethical process without going to court, however they were unable to negotiate a "reasonable licensing arrangement" with the company. It is my opinion that Vonage is being untruthful in their below statement because if they truly wanted…… [Read More]
This software is used to perform common tasks like storage, data back up and data transfers.
Small and medium businesses have embraced this technology because it involves no start up costs (like servers, hard disks, technicians etc.) therefore making it cost effective. Basically payment is based on the storage space taken by the user, again, this makes it user friendly. It may also be referred to as hosted storage.
The flying Organizations
Smart companies are looking at the various aspects of the cloud and pushing some application into the cloud and some into the traditional data center environment. The most significant value of cloud computing is not just the cost benefit but agility for the whole business. This is done by creating an opportunity for firms to upload anything concerning their IT infrastructure to an outside provider. With cloud you only contract for the services you need and at the…… [Read More]
International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.
Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).
Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.
Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They…… [Read More]
Club / Amazon.com
Finding the Book of the Month Club at the URL given for this assignment was not possible. For some reason, accessing www.bookofthemonthclub.com, leads to something called BuyDomains.com. Indeed, BuyDomains.com appears to be attempting to sell the site visitor the URL to Book of the Month Club - "Domains for sale," yells the header. Is this some kind of Internet skullduggery? However, by going to Yahoo! And searching for Book of the Month Club, one discovers that the URL is www.bomc.com.And meantime, as to which company (amazon.com or bomc.com) has the better site and marketing mix - it seems very clear that Amazon.com is far out in front in the sheer volume of offerings for the Web consumer. If shoppers just want books or movies, then bomc.com is an easy site to navigate. But when looking for clothing, electronics, toys, software, and the kitchen sink, amazon.com is the…… [Read More]
Death penalty is generally conceived of as the supreme legal sanction, inflicted only against perpetrators of the most serious crimes. The human rights community has traditionally held a stance against the death penalty for a wide variety of reasons: critics argue that the death penalty is inhuman and degrading; that it is inappropriately applied and often politically motivated; and that rather than reducing crime, the viciousness of the punishment only serves as an inspiration to further violence.
Historically the death penalty has existed all around the world. Only since the beginning of the twentieth century has the death penalty been rejected by a growing number of people and states. International law discourages but does not prohibit it. Article 6 (paragraphs 2 and 5) of the International Covenant on Civil and Political ights states that "sentence of death may be imposed only for the most serious crimes in accordance with the…… [Read More]
Decision Making with Providers
The scenario facing Mike, the lab technician, is that of lateness, which attracted a reprimand from his supervisor. Seemingly, lateness had become a trend to Mike while reporting to work and that is why the supervisor had questioned him. He had made a promise that he would be punctual, the last time his supervisor questioned him. Mike's promise pegged on the importance he attached to his job because he was the sole breadwinner for his wife and newborn baby. Mike was overwhelmed by the thought that his job would be terminated in the possible reoccurrence of his tendencies to come to the workplace while late. He had received the assurance his supervisor (Grand Canyon University, n.d.).
On this day, Mike tries his best to reach work on time. Therefore, he leaves home twenty minutes before time but unfortunately, there was an accident on his commute. Although…… [Read More]
Class actions represent a consolidation of power by plaintiffs and alleged victims in a case, allowing groups of plaintiffs to consolidate their cases and seek a single judgment for collective damages. Though this is primarily a way of strengthening each plaintiff's case and their cases as a whole, it has certain benefits to defendants as well. By dealing with the Vioxx cases as a class action and coming to an out-of-court resolution with the class action, Merck avoided incurring additional legal costs in resolving or bringing to trial each of the individual cases that it was faced with. This is one way of managing the legal risks of the company; given a different set of circumstances, it might have been advantageous to try each case separately and many cases might have been dismissed due to lack of merit; in this case; the harm caused was fairly evident and materially the…… [Read More]
It covers a specific device or process and it protected by the Patent Act. A patent can be enforced through the legal system. By contrast a trade secret more difficult to protect through the legal system. A trade secret is not generally known to the public whereas a patent is publicly viewable. A trade secret can be protected in states that subscribe to the Uniform Trade Secrets Act, but typically cannot be protected once the secret has been revealed.
There are a number of common encumbrances on title. Some examples are liens, mortgages, judgments, unpaid taxes, clouded title, easements and other restrictions.
A sole proprietorship is a form of business wherein the individual proprietor bears all liability for the business -- the business is not a distinct legal entity. Sole proprietorships are simple and inexpensive to set up and administer. However, the proprietor faces unlimited liability and pays taxes at…… [Read More]
hile it can be argued that auditors bear a degree of responsibility to evaluate management practices, Cousteau clearly took the view that on the whole the financial statements did accurately reflect the firm's circumstances; that the fraud did not constitute a widespread attempt to deceive the markets. Thus, evidence of fraud does not in and of itself render financial statements materially misleading. The nature and dollar amount of the fraud must also be taken into consideration, all within the context of the totality of publicly available information about the firm.
Braun, K. (2001). The Disposition of Audit-Detected Misstatements: An Examination of Risk and Reward Factors and Aggregation Effects. Contemporary Accounting Research. Vol 18, No. 1 (Spring 2001), pp.71-99.
Shunglu, V.K. (1998). Role of the Auditor in Promoting Good Governance. International Journal of Government Accounting. Retrieved September 7, 2009 from http://findarticles.com/p/articles/mi_qa3662/is_199804/ai_n8794931/
Babu, T.R.R. (2004). Audit Materiality. Oxford University. Retrieved…… [Read More]
Career Service Employees
According to the law, all employees are to be paid for their services, while overtime in all cases is also subject to some sort of compensation, either by means of payment or by means of compensatory leave. The circumstances under which each type of remuneration should occur vary among employee types. What this means is that all employees who offer overtime work should be compensated in some way. The Florida Administrative Code also provides for this type of compensation for various employee types (Martin, 2010). Compensatory leave can therefore be defined as "time off from work in compensation for irregular or occasional overtime work…" (CompesationBL, 2003).
According to the general rules for compensation, the directors' complaints are therefore valid. They are also valide in terms of the Florida Administrative Code (Stutler, 2006). According to Stutler (2006), Special Compensatory Leave can be awarded to Career Service employees in…… [Read More]
acial profiling cases have always been an integral part of the American Civil Liberties Union's (ACLU) docket. Cases involving racial profiling have become increasingly high profile, if not actually more prevalent, since September 11 created mass witch hunts against Muslims and Muslim-Americans. According to the ACLU (2011), "acial profiling continues to be a prevalent and egregious form of discrimination in the United States. This unjustifiable practice remains a stain on American democracy and an affront to the promise of racial equality."
Cases involving racial profiling or accusations thereof range from those that deal with individual cases (such as drivers being pulled over for no reason other than they were black) and collective cases. Collective cases include recent ones involving an ACLU=led lawsuit against the Transportation Security Administration (TSA). The lawsuit was successful, resulting in "the first time ever" that an agency within the U.S. Department of Homeland Security was…… [Read More]
This seems to be serious, but most of the people committing the crime are being released by the courts. (Understanding White Collar Crime)
Question 3a: What is a FOIA request and is it likely to be granted?
The request is under the Freedom of Information Act, and it is targeted to the United States Department of Justice, and there is no reason to think that the Department of Justice will refuse to reply. The question is of political interference occurring affecting the trial in the last stages of the trial against the cigarette industry. Let us not assume that the Department of Justice is now being totally controlled by the politicians, and that is why they will stop from replying. At worst, there will be the appointment of a committee to investigate and look into the matter. Even that will help the cigarette industry as they will get more time,…… [Read More]
S. No. 04-1739 (2006)
wo examples of where rights are limited in the ownership of land or property:
Servitudes and easements are put into place...
Servitudes and easements can be protected by...
It is vital to protect Servitudes and easements because...
III. Intellectual Properties
Eric Eldred, Et Al., Petitioners V. John D. Ashcroft, Attorney General
U.S. 01 -- 618 (2003)
he differences between copyrights, trademarks, and patents include:
he title to real property is permanent, whereas some intellectual property is limited in the time that it is protected due to...
IV. Business and the Bill of Rights
Humana Inc., Et Al., Petitioners V. Mary Forsyth Et Al.
U.S. 97 -- 303 (1999)
he major difference between business speech and political speech is that...
Whether or not "Closely regulated industries…… [Read More]
Court Opening Argument
It is humbly submitted to the Hon'ble Court that this respondent as per the issues and syllabus cited submit that the issues of the litigation pertain -- not only to the law of marriage, but also to the recognition if it must be accorded to same sex marriages and unions, and whether no recognizing this social development amounts to denial of the constitutional rights of a group of citizens. It is also pertinent to question if the states in allowing adoption to opposite sex couples and denying the same to same sex couples. The question then becomes still deeper with the challenge of the validity of same sex marriages.
It is still with various states to give effect to the Defence of Marriage Act -- DOMA and the definition of marriage as per section 3 of the act makes marriage between a man and a woman alone…… [Read More]
fall into the "reasonable accommodation" category of less than $500 would be things like modifying work schedules, reassigning workers to different tasks or departments, restructuring jobs, making facilities accessible, and providing interpreters or readers.
It is very important that Muslims have protection because employers are not allowed to discriminate against any religion. Whether the employer agrees with or likes the religion does not matter. That employer must not discriminate against the employee because he or she chooses to practice a particular religion.
The organization and other employees are negatively affected because it hurts their morale. They see that the company does not value all employees, and that some who work for them are considered "better" than others based on criteria they are not able to control. This sends the wrong message.
In other countries, laws are not as much of a concern for HRM. However, with employment becoming much more…… [Read More]
interest, an identification of the problem that you have selected, and an explanation of the significance of this problem for nursing practice
My research question: Among acute patients on medical surgical units does hourly rounding as opposed to only setting the bed alarm help decrease patients falls by 75%.
Falls are a major problem amongst acute patients, particularly amongst the 65+ population and can lead to so many related problems, occasionally to fatal results, that this essay considers it a crucial topic for nurses and caregivers to look into and investigate.
The fall is traumatic aside from which consequences of falling can also include post-fall anxiety, fractures, head injuries and loss of independence through falling, each of which has far wider ramifications impacting physical, social, mental, emotional, and behavioral spheres of the patient's life. The ramification of falling, therefore, for the patient has a wider and far-reaching impact that touches…… [Read More]
Providence Health Care's Background Information
Started legally on March 31, 2000, Providence Health Care is a Canadian nonprofit, faith-based organization operating 15 centers in British Columbia and Vancouver. The organization has a staff of 6000 employees and 1500 volunteers. " This organization mainly serves the residents from Lower Mainland as well as the rest of British Columbia in collaboration with Vancouver Coastal Health, Provincial Health Services and University of British Columbia" (Providence Health Care, 2012). The organization offers care and treatment to patients with Cardio pulmonary, renal, mental complications as well as Aquired immune Dificiency Syndrome (AIDS) and urban health issues such as drug and alcohol related illnesses.
Legal Issues and ecommendations
There are many legal challenges that a health care facility such as Providence can encounter. Violation of the occupational safety and health guidelines and regulation as provided for by the law is one of them. It is the…… [Read More]
Powers and ights of the Constitution
INSTITUTIONAL POWE: The Constitution gives the federal government the right to form a military service, including what is now the National Guard (Army National Guard, 2011), though it does so in cooperation with the states and localities to serve their interests as well. This section is important for a number of reasons, including the fact that it reinforces the differences between the state and the federal government without weakening the role of the states to protect and defend themselves. It also helps ensure that the troops and resources are readily available in each locality when urgent issues of various kinds result. They can be used for natural disasters, various forms of social control, helping in other times or need, as well as to address more complicated issues like war and terrorism. This latter issue has become most important recently as localities look to be…… [Read More]
Global Business Cultural Analysis
Synopsis of Nigerian government
Nigerian monarchy to presidential system
The evolution of Nigeria from British control to a civilian democratic government
Nigerian major commodities
The major elements and dimensions of culture in Nigeria
Model of culture
Universalism or Particularize
How is the integration of elements and dimensions that Nigerians doing business in the country?
The effects of governments on the prospects for its business around the world
How the elements and dimensions compared with the United States, culture, and business?
The role of women in the workplace
Business visitors must be dressed in an elegant and tie (for men!)
Cross-cultural business transactions between the United States and Nigeria
Thurstan Shaw and Steve Daniels, who are the founder for archaeological research proved in their research that Nigeria has been developed since 9,000…… [Read More]
Urban Political Science: Questions and Answers
MIAMI-DADE EHICS COMMISSION:
Miami-Dade County is seeking a new chief for its ethics board.
What is the primary purpose of this ethics board?
he ethics committee was first enacted to change the Miami home rule charter. It was set up as an committee that has semi-judicial powers and it is independent of all other government offices in the county for the purpose of maintaining its ability to look into the ethical practices of government offices with an unbiased view (Miami Dade.gov).
What issues has the Commission handled that do NO relate to the member of the Board itself?
Since the board is now just conducting the search for a new boss (Hiaasen, 2011) it is not doing any business save that. It has recently worked to create a new ordinance on conflict of interest standard because it has had an issue with the county…… [Read More]
Adarand v. Pena
Summary of Case:
Federal and State laws allow race-based remedial action at the federal, state and local government levels. The laws are designed to benefit "socially and economically disadvantaged individuals." At the same time, the Fifth and Fourteenth Amendments of the U.S. constitution provide equal protection of the laws for all citizens. In this case, a prime highway contract was awarded in 1989 to Mountain Gravel by the Central Federal Lands Highway Division, who then solicited bids for the guardrail portion of the highway project. A subcontracting compensation clause program awards incentive payment to prime contractors who subcontract with DBEs. In consideration of the additional compensation, Mountain Gravel hired Gonzales, a certified DBE, despite the fact that Adarand submitted the lowest bid. Adarand appealed against the government in the District Court, which granted summary judgment in favor of the government. On appeal, the Tenth Circuit Court affirmed…… [Read More]
• Are there situations in which a company, for the common good, must give up the economic advantage accorded by intellectual property laws?
During a crisis situation, the common good can trump an intellectual property law. The threat of anthrax was at an all-time high, and though Bayer was producing as much as it could, it could not meet the demand and thus the price for their drug was artificially inflated. Under such circumstances, with a threat that impacts national security, I believe that the common good should come before intellectual property law.
• Should Bayer have followed its own credo more than it seemingly did?
Yes, of course. Although there goal is to maximize profit, it also needs to be a sustainable company. With its past history, sharing its intellectual property in a time of crisis could offer the company much needed intangible assets. The company could…… [Read More]
Fault: An Alternative to the Current Tort-Based System in England and Wales
The United Kingdom
statistics regarding claims
THE NATIONAL HEALTH SYSTEM
OBSTACLES TO DUE PROCESS
THE CASE FOR REFORM
THE REGULATORY ENVIRONMENT
THE RISING COST OF LITIGATION
LORD WOOLF'S REFORMS
MORE COST CONTROLS
THE UNITED STATES
THE INSURANCE INDUSTRY
TORT REFORM IN AMERICA
STATISTICS FOR ERROR, INJURY AND DEATH
THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN
THE UNITED STATES SITUATION, IN SUMMARY
NEW ZEALAND CASE STUDIES
THE SWEDISH SCHEME
COMPARISON: WHICH SYSTEM IS BETTER?
FIRST: UNDERLYING DIFFERENCES
TALKING TORT: AMERICAN PECULIARITIES
AMERICANS CONSIDER NO-FAULT
BRITAIN CONSIDERS NO-FAULT
Appendix A THE UNITED KINGDOM
At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual…… [Read More]
Small usiness' Need for a CPA
One of the critical investments a small business can make to mitigate loss and risk is hiring a CPA and putting that CPA on the 'management team.' As Wells notes in his groundbreaking research, "Denise, a bookkeeper for a small trucking firm in irmingham, Alabama, wishes she had never heard of Ralph Summerford, CPA. ecause of his thoroughness, Denise is facing several years in prison for embezzling $550,000 from her employer. At least she will look good standing before the sentencing judge: Denise spent a great deal of her illegal loot on head-to-toe cosmetic surgery. She blew the rest on a shiny new Lexus, luxury vacations, clothing and jewelry. And, of course, Denise had to have a big house to store all of her finery." (Wells, 2003)
Surprisingly, it was not at all the fancy standard of living that made her employer suspicious. "The…… [Read More]
It in this manner, therefore, that mediation is preferable.
OLE of MEDIATO in the INDUSTY
Acting as a bridge between the parties, the mediator, arbitrarily, assumes either a purely facilitative role in which he restrains himself from interfering, or serves as an evaluator where he evaluates the nuances of the case and recommends a basis for settlement. However -- and this is where mediation differs from arbitration -- the mediator is limited from mandating a particular outcome which causes the mediation process to manifest itself as inherently non-binding 14.
A creative mediator practices extremely acute listening skills in order to tease out the interests that are most important to each party. To that end, he or she will identify different preferences amongst the parties and design a package where each party receives what it values most and concedes what it values less than the other party.
Focus will be…… [Read More]
Starbucks 2014 Annual Report
Cost of sales
Store operating expenses
other operating expenses
D & A Exp
Total Operating Expenses
Income from Equity Investees
Earnings before taxes
Income tax expenses
The vertical analysis shows some interesting things. First that the bottom line reveals basically nothing -- the net income in 2013 is entirely a reflection of the litigation charge for a lawsuit the company lost. So to understand the actual trend in the business one needs to look at the other line items.
Top line revenue is increasing at a fairly rapid rate, up 10% in 2014 and almost 12% in 2013. This reveals that Starbucks in this period was in a period of steady, rapid growth. The growth was spread across different business units as well, indicating a healthy broad-based…… [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]
Stress and grief can make it hard to reach sensible decisions."
The Issue of Arbitration in Family Law
Family Law frequently involves the lives of children, and includes requirements that continue after the case decision is made. It often requires ongoing contact between parties. In addition, "marital and family law takes place in this heightened emotion atmosphere that is not present in other litigation," West notes. "The Family Law Section's 'Bounds of Advocacy' handbook is proving to be a legal best-seller in Florida, albeit a free one," the Florida Bar New eports. ichard West, immediate past chair of the section, states, "The general thrust of it is that marital and family law is different from other forms of litigation, and it needs to be handled differently."
West contributed to assembling the handbook and works regularly to distribute it. The handbook West distributes consists of a recognition that minimum standards…… [Read More]
Such policy consideration must be neither arbitrary nor fundamentally unfair.
The Equal Protection Clause requires that all states must provide parties with an opportunity to file their claims. Denying a litigant such opportunity based on jurisdiction is unlawful unless there is a procedural justification for doing so.
The Privileges and Immunities Clause requires that all states treat all citizens, both citizens of the state and citizens of other states, the same. This means that the courts must provide all individuals access to the state courts without qualification. These privileges and immunities are considered fundamental and therefore afforded special attention.
Enforcement of Foreign Judgments
The judgments of one state's judgments are not necessarily enforceable in another state. However, there is a public interest in providing that judgments in one state should be enforceable in other states. This public interest is in ensuring that there is legal certainty which avoids…… [Read More]
Workplace Conflict and Injustice: Mediation Options
It’s difficult to discuss an employee dispute or issue of recent times without thinking of the #timesup and #metoo movements. While these movements have been most visible in Hollywood, they definitely impact women in every industry and workplace scenario. More and more women are refusing to be silent when it comes to dealing with sexual harassment and related toxic behaviors in the workplace—and they shouldn’t have to be. This paper will examine an instance of employee conflict that occurred not within the entertainment world, but within an adjacent industry—the lifestyle and sports apparel industry, concerning one of the giants in the field—Nike.
The problems at Nike involved inappropriate behavior in the workplace, sexual harassment, and even sexual assault. Women within the company detailed workplace violations such as, “ There were the staff outings that started at restaurants and ended at strip clubs. A supervisor…… [Read More]
Stare decisis, from the Latin meaning "to stand by that which is decided," is a judicial doctrine, which provides that precedent decisions are to be followed by the courts ('Lectric). The doctrine of stare decisis has developed in common-law legal systems, which enable judges to create law through judicial interpretation. In contrast, jurisdictions with a civil-law legal system reject the doctrine of stare decisis, because civil-law systems require a stricter separation between the legislative and judicial branches. The United States' legal system developed from a common-law base and embraces the doctrine of stare decisis.
Although the doctrine of stare decisis appears, at first blush, to give great power to the judicial branch, it is actually a judicial discretion constraining device. If the legislature is unhappy with a high court's interpretation of a law, it can change the law to reflect the actual legislative intent. However, if the legislature is content…… [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]
Fixtures are considered part of personal property, but in cases where they become a part of real property and cannot be removed, they are considered part of real property. uilding on a plot of land is a fixture that is considered part of real property, similarly things that are fixed with the real property and can not be removed without damage can be considered part of real property. In case of sale of real property, it is appropriate to define the items of personal property that will be included with the real property and which will not be included.
The law does not recognize ownership achieved by deceitful means such as theft, fraud or force. Property may be acquired through:
Exchange: In exchange for money or other property
Possession: eing the first owner of previously un-owned property
Confusion: When ones property is mixed with someone else's property by mistake or…… [Read More]