...After viewing the 1998 film “A Civil Action” and reading the article by Marc Galanter about “Why the ‘Haves’ Come out Ahead” we see that the framework applied to the American legal system by Galanter in his article at this point in time is held true in the film. What Galanter does is tell us about the two options that sides may be in a legal case. First there are the One-Shotters, which we will refer to as the OSs. These indivduals are often those who are not regulars within the legal system and often are only there once or maybe twice. A fine example of OSs are the husband and wife in a divorce case or the two parents in a custody case. As suggested by the name, these people usually are only in once. When it comes to the results that they expect it is often tangible. Because this is there one and only case, they are not concerned with a reputation in the courts but instead with real, physical, in a way, results. On the flip-side you have the Repeat Players which we will refer to as the RPs. These individuals, again as the name suggests, are those who frequent the courtroom and are often involved the same kinds of cases. These are what one would expect them to be such as the IRS trying people who did not pay their income taxes or a large corporation. Now the goals for a RP are very different than those of an OS. Instead of the tangible goals of the one-shotter, the RPs are out to often establish a reputation and establish relations to shape future decisions made in the courts...
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...Rachelle Wardle Justin Clark Yolanda Larrymore April 11, 2011 Group 5 Tort Reform As a society in today’s economy we are constantly being bombarded with news about law suits of one kind or another. It seems whenever we turn on the news there is a new high profile case of malpractice lawsuits and individuals are being sued left and right. We live in a lawsuit happy society that only continues to intensify as the economy continues to recover and citizens continue to seek employment. Often the main bulk of the law suits that make the news and that occur in today’s society are medical malpractice suits. One can find themselves hard pressed to watch T.V. without seeing a commercial or advertisement from an attorney offering to sue someone for something. In the realm of medical law suits the possibilities are seemingly endless. Patients are willing to sue anyone over anything including drug manufacturers, doctors, pharmacists, anesthesiologist and so forth. Malpractice insurance has reached an alarming high and physicians continue to fight for a cap to be placed on money awarded to plaintiffs. Physicians fear their jobs and lives may be in jeopardy if something is not done about these outrageous costs while patients worry that their medical care will suffer if such limits are awarded. In the 1990s there was a famous lawsuit that awarded a woman several million dollars in a law suit against McDonalds when she spilled hot coffee on her lap. Many of the details of the...
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...Gloria Smithson and her husband Joe Click Link Below To Buy: http://hwaid.com/shop/gloria-smithson-and-her-husband-joe/ You Decide Assignment Scenario: Gloria Smithson and her husband Joe have created a revolutionary widget that they believe will revolutionize the industry. Joe Smithson is an engineer, and he and Gloria worked steadily for approximately 1 year to develop the design. They have applied for a patent, which is currently pending. They have created prototypes and are ready to begin looking for manufacturers and accounts. However, they have not yet created a business and are not sure which type of entity will best serve their needs. They want to create a business that can grow steadily and perhaps expand globally. Gloria has researched accounting firms and believes she has found one that will be able to answer all of her questions. She wants to develop a long-term relationship with an accountant who regularly works with start-up businesses and who has global connections. You Role: You are a business planner and accountant. Your expertise is in helping clients evaluate business formation options and business strategy. You have cultivated many international contacts in a variety of fields, including manufacturing. You believe that you will be able to help Gloria find appropriate manufacturing options abroad as well as companies in several countries with which she might want to partner. You have created an extensive memorandum that outlines the various...
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...effective feedback that can help make the company operate better. In this paper I will address whether or not the contracts will be governed by common law or the UCC (Uniform Commercial Code). I will also analyze whether the owner formed a contract with other businesses and apply the five essential elements of an enforceable contract. Next I will explain potential personal liability to Acme Fireworks if a spectator is injures by a stray firework from a fireworks display. Then I will discuss the different employment types and relationships relevant to agency law and analyze the advantages and disadvantages of each type specific to Acme Fireworks. And finally, I will explain why Acme Fireworks should not operate as a sole proprietorship. I will recommend a new business entity, and provide rationale to support my recommendation. Have you ever been to a professional fireworks display and wonder exactly what goes into putting on such a beautiful display of fire? During the Fourth of July holiday, all across America most municipalities contracts and hires professional firework companies to put on an aerial display of fireworks. As awe-inspiring as such spectacles maybe, there is a lot that goes on behind the seen from setting-up the displays to ensuring the company is covered in case something goes wrong and a spectator is injured or property is destroyed. If the company follows the recommendations I have in this paper, the company will again flourish and be a successful, profitable business...
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...Significant Health Care Event University of Phoenix HCS/531 Martha Owen 1/28/13 Significant Health Care Event Health care has been influenced by numerous significant events throughout history. These events have helped change and shape health care in efforts to improve it, and to fit in with the current needs of the population. Some of the influences include society, culture, finance, religion, politics, technology, health trends, the environment, and population (Shi & Singh, 2012, p. 9). This paper will discuss a significant event that has changed or affected health care today, explain how the historical evolution of health care was impacted, and assess the significant event based on personal values and beliefs. Significant Event’s Relation to Health Care Excessive litigation is one of the significant events affecting health care today. Litigation has become so popular that it has become specialized. Advertisements for litigations against health care facilities and professionals are placed on television, radios, Internet, and other information outlets, at frequent intervals. It is not unexpected to see or hear several of them throughout the day. Law firms have become specialized in trying health care related cases and focus on specific conditions. The result is that health care facilities close because of the financial burden of payments resulting from litigations, the amount paid for malpractice insurance rises, insurance premiums rise, and costs of health care...
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...SUNDERLAND UNIVERSITY In conjunction with South Tyneside College Foundation Degree in Health and Safety Management Health and Safety Legislation and Responsibilities –FDA227 Assignment Legislation and Responsibilities This assignment is submitted in part fulfilment of the requirements for the SUNDERLAND UNIVERSITY Foundation Degree in Health and Safety Management 2010-2011 Introduction The following report aims to explain manual handling issues whilst at the author’s place of work. The author is using fictions to support the assignment rather than real life incidents, as the author’s workplace did not give out such materials in time for the said author to complete the assignment. The main aims are to discuss the employer/employee responsibilities regarding manual handling and the civil and criminal liabilities involved. Give the reader an understanding of what the relevant legislation breach is surrounding manual handling and its interpretation and application, to try to provide a critical analysis of the effectiveness of the legislative provision in manual handling operations. The objectives are that the reader gains full understanding of the aims set out by the author. A general overview of a toy-manufacturing warehouse from the picking/packing point of view regarding manual handling: One of the roles inside a toy warehouse involves picking up toys from a shelf, and placing them onto a trolley for ordering customers, then transporting them to the packing...
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...Greene LAW/531 April 4, 2016 Carol Parker Alternative Dispute Resolution In this paper we are asked to review a state level business dispute taken from either our own experience, the text or from personal research. I have chosen to discuss a case that is discussed in our text, Business Law 16th edition. The Case I will be discussing will be Hagan v. Coca-Cola Bottling Co. This case is about two sisters, Linda Hagan and Barbara Parker, who drank from a bottle of Coke which they both agreed tasted flat. After observing the bottle in the light both women observed what appeared to them to be a used condom with a “oozy sticky stuff coming out of the top” (Mallor, Barnes, Bowers, Lanvardy, 2014). After being sent to Coca-Cola for testing it was determined that the object was mold and not a used condom. Before the findings the medical personnel at the Coca-Cola facility told the ladies they should be tested for HIV. Those tests came back negative for both of the women. Hagan and Parker brought a negligence action again Coca-Cola and at the conclusion of the trial were awarded $75,000 each by the jury. However, the trial court reduced the jury award to $25, 000 a decision that both sides appealed. The appellate court revers the jury award and concluded that under case law concerning the impact rule, neither of the plaintiffs had proven a claim because neither had suffered a physical injury. ("Hagan V. Coca Cola Bottling Co", 2016). Describe the legal form of business of...
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...Forms of Business Lurene Flynn Law/531 October 24, 2011 Christine J. Benway, J.D. Instructor Forms of Business Determining the type of business to open is very important in order to know the business form that will be used. Knowing the business structure is important because it determines how the business income will be taxed. This paper will discuss the different forms of business, give examples of each form, and justify why the corresponding business form is preferred. Sole proprietorship according to Cheeseman (2010) is the form of business in which the owner is actually the business: the business is not a separate legal entity (Cheeseman, 2010, p. 530). “An individual starts the business in his or her own name and does not require any special legal organization beyond the normal requirements such as licenses or permits” (Georgia Trend, 2006/2007, p. 34). Beauticians are great examples of a sole proprietorship. Beauty shops are usually owned by one person, while having other people working in them.This type of business form is preferred by beauticians or a plumber because it is easy, no formalities, and most importantly no federal or state government approval is required. According to Cheeseman (2010) the owner has the right to make all management decisions concerning the business, including those involving hiring and firing employees (Cheeseman, 2010, p. 530). A sole proprietor owns all off the business therefore he or she receives...
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...Name Institution Date Business operations Introduction Businesses can expand and originate from various entity types. Limited or general partnerships, corporation, sole proprietorship, nonprofit organizations, Limited Liability Company (LLC), and Limited Liability Partnership (LLP) may be a few examples of the styles available for business shareholders and owners to choose from in order to carry out their business operations. Each and every style may have its own gains and setbacks as regards taxation, liability and government regulations and laws. In a bid to answer your question, I might have to make use of two different business examples which comprise of different operation styles and guidelines. The two businesses include a bar business and professional practice and may be detailed on the basis of basic requirements necessary for successful business formation. I would also be keen at outlining the entity choice for each of these businesses as a way of providing advantages over the other. A detailed explanation of how each of the two scenarios controls the taxation, liability and business issues would also be in order. To add on that, the regulations, laws and potential risks that may be involved in every business style may be identified. Bar business The best business entity choice for Miriam, Lou and Jose in their business operation could be forming a Limited Partnership. Jose and Lou would then perform the role of general partners hence manage the operations of...
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...Women in Psychology Paper Shanda L. Ludwig PSY/310 September 11, 2011 Dr. Matt Pearcey Women in Psychology Paper It was not until the 1890s that women were allowed access to training in most fields of study, including psychology. Since that time many have made significant theoretical contributions to the field of psychology and our understanding of psychodynamic thought including the works of Karen Horney (1885–1952). She was a psychoanalyst best known for her work on neurosis and coping techniques. Horney was a leading figure in the development of a range of non-orthodox psychoanalytic approaches in mid-twentieth-century America. Often compared to orthodox Freudians, she emphasized interpersonal relations and minimized the role ascribed to biology. Horney was particularly critical of Freud's approach to women (Horney 1942). Biography Karen Horney was born in Blankensee, a suburb of Hamburg, Germany. She was the daughter of a sea captain, Berenth Henrick Vackels Danielson, and his second wife, Clotilde von Ronzelen. Although her father spoiled her with trips and gifts, Horney described her father as a harsh and claimed he favored her brother over her. Horney fell in love with her brother at a young age and states the rejection she felt from him caused her to spiral into depression around the age of 9. Due to this rejection, Horney felt that she wasn’t attractive and once stated, “If I couldn't be pretty, I decided I would be smart" (Horney, 1942). It was around...
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...of aging, the family who has discussed the options and agreed on plans will be better able to handle whatever happens. It will be worth the time taken, if there is an emergency. The ideal situation is when the parents take control of their own situations and make decisions in advance of an emergency. They should investigate the types of retirement options and decide which is most appropriate, make informed decisions about life-sustaining medical care, and make sure that documents, instructions, and powers of attorney are available to those who must take responsibility in an emergency. The American Association of Retired Persons recommends that elderly people use a document locator list (scroll to bottom of this page) to make sure their papers are in order. This list can then be given to the person(s) who will be responsible for them should an emergency arise. Going through the list with your parents should ensure that their wishes are understood. Communicating with Elderly Parents Talking with our elderly parents about their living situations and...
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...Should the Legal requirements for obtaining a Search Warrant be changed? By: Leonard Douzart CRJU 3402 Valdosta State University Outline I. Introduction II. Main Body a) My background study on the legal requirements b) My proof of opinion on why it should be changed c) Comparisons from different people of why it should be changed d) The latest research of a warrant e) Factors influencing the decision of the legal requirements of why obtaining a search warrant should be changed III. Supporting Facts a) Data analysis b) Comparisons between why it should and shouldn’t be changed c) Research towards the legal requirements of search warrants IV. Conclusion a) An analytical summary of what my reasoning and fact is of obtaining a search warrant and should it be changed b) My thesis reworded to state the final paper Thesis Statement In this thesis statement we are going to explore the reasoning, should the legal requirements of obtaining a search warrant be changed. This is going to show you how it is all designed and many different examples of why it should be changed along with different cases that proves why it should be changed. The passage is going to demonstrate many sources and legal forms that result to this topic of study of why search warrants should be changed in this type of matter because to some citizens this seems to be a problem when going against their own rights. The most important...
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...Stakeholder analysis 7 2.1.1. Consumers 8 2.1.2. Owners, executives, employee 8 2.1.3. Other groups of stakeholders 9 2.2. CSR Analysis 9 3. Evaluations 10 3.1. Who is to blame? 10 3.2. Root cause analysis 11 3.3. Recommendations 11 4. Implication of the case for future product related complaints 12 Conclusion 15 References 16 Appendix (Case: “The coffee spill heard round the world”) 17 Abstract The Stella Awards were inspired by the Stella Liebeck case in 1992. Stella purchases McDonald’s coffee from a drive through and later received US $ 640,000 for burning herself with this coffee. The lawsuit between Stella Liebeck and McDonald’s – a huge cooperation, was one of the most controversial court cases of its time. In this paper we defined the major ethical issues, analyzed who are the stakeholders and how the stakeholders influenced this case. Furthermore, we also mentioned other complain and lawsuits which McDonald’s had to face with before 2007, which means before and after Stella’s case. Finally, we have some references and comments form McDonalds in particularly. As well as general comments about how organizations and how they make final decisions in the future when they have business ethic problem, and how they protect themselves yet keep their customers happy. 1. Introduction and issue identification of the case Let’s imagine that you are going out to buy a cup of coffee from Mc Donald’s drive - through for breakfast. When you are trying to open the...
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...Professional Responsibility Study Unit By Michael Wilson, Esq. Reviewed By Brian Bastyr, Esq. About the Author Michael Wilson is a freelance writer and college instructor who has had wide legal and educational experience. He graduated with his Bachelor of Arts degree in English from the University of Kentucky in 1976 and three years later received his law degree from the same school. He has been a partner in a law firm, a solo practitioner, and has done work in General and Family Mediation. He has also been a fulltime instructor in Paralegal Studies at Sullivan College, Lexington, KY, where he has taught such classes as Legal Research, Advanced Legal Writing and Appellate Practice, and Wills and Estates. He was given the “Teacher of the Year” award in 1997. Mr. Wilson has also had a number of papers published on legal topics in both scholarly and popular journals. About the Reviewer Brian Bastyr is a senior attorney editor for West Group, a legal publishing company. He earned a bachelor’s degree at the University of Illinois, and a Juris Doctor from the University of Illinois College of Law. He is currently a member of the Illinois bar, and has published a number of articles in legal journals. All terms mentioned in this text that are known to be trademarks or service marks have been appropriately capitalized. Use of a term in this text should not be regarded as affecting the validity of any trademark or service mark. Copyright...
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...Deanna Fletcher Regulations: AC502 Final Term Paper Kaplan University March 20, 2015 Regulations: Accountants Responsibilities Accountants have many responsibilities in different areas. They have responsibilities to clients, to thirds parties, and to the government. They have a responsibility to know the regulations, rules and laws that have been put in place for accountants. Lastly accountants have a responsibility to perform their obligations and duties by the code of conduct and to the code of ethics. We will start off with the client. The client by definition is the person who pays the professional or organization for services; the person who engages the professional for their advice or services they render. (Legal Dictionary) For these services the client must cooperate with the accountant in every aspect the accountant deems fit, within the scope of their profession. The accountants responsibilities to the client include to act with integrity, objectively, due care, competence, fully disclose any conflict of interest, maintain client confidentiality, disclose fees to client, and serve the public interest when providing financial services, (AICPA code of conduct) Accountants can also have fiduciary duties to a client if the accountant gives advice to a client involving taxes, assessing management or business consulting. Fiduciary is a legal duty to act solely in the best interest of the client. The case below involves an Atlanta-based accountant breaching his...
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