...Appellant, Aztec Petroleum Corp., appeals from a summary judgment in favor of appellee, MHM Company, which removed Aztec as general partner in a limited partnership and substituted MHM as general partner. In two points of error, Aztec contends that the trial court erred in denying its motion for summary judgment and in granting MHM's motion for summary judgment because neither Aztec nor all of the limited partners consented to the removal of Aztec and substitution of MHM as general partner and, therefore, the removal and substitution are invalid as a matter of law. We conclude that the partnership agreement of Aztec 80-A, Ltd., as thereafter amended, permits the removal of Aztec and substitution of MHM as general partner as a matter of law. Accordingly, we affirm. The facts are undisputed. The controversy centers on section 11.12 of the partnership agreement. Section 11.12 states: Amendments. Amendments to this Agreement may be proposed by the General Partner, or by the holders of 10% or more of the Units, by submission of a written proposal to the General Partner. Following such proposal, the General Partner shall submit to the Limited Partners, by notice in accordance with Section 11.1 of this Agreement, a verbatim statement of the proposed amendment, and when the General Partner deems it appropriate, an opinion of counsel as to the legality of such proposed amendment, and its recommendation with respect to the proposed amendment. Except as otherwise expressly provided...
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...1. What are the main sources of Scots Business Law? A: The main sources of Business Law are UK Parliament (West Minister), European Parliament and Scots Legislation. Also, the others are Judicial Precedent, Institutional Writers and Custom. 2. Judicial Precedent is Superior to Statutory Law. Do you agree with this statement? A: I disagree; the judicial precedent is formed from a case law, it’s known to be the most important source in common law. A law which is implemented by the judges from a case outcome, if the case law from past outcomes is regularly used in future cases in court, then it is foreseen as ‘in active use’ by the court, therefore, the law is presented to the Superior | Common Court for proceedings. A Statutory Law is the Highest of all binding laws, and this law is made by Parliament in Superior Courts. A Judicial Precedent law is made in Common Court | Superior Court, the Superior Court has higher authority over the common court. 3. Give an example of Judicial Precedent? A: My example for Judicial Precedent Law is the (1932) Donogue V Steveson case. 4. Which is superior Legislative Body: The Westminster Parliament or The Scottish Parliament? A: All main Laws from Scottish Parliament are regulated by UK Parliament (West Minister), Scottish Parliament are then given authorisation for a new legislative act. The legislations are then stated as statutory Laws. So, against Scottish Parliament, Westminster Parliament is the more Superior...
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...society would just look closer, they would see a world of good being done and a countless amount of juveniles being rehabilitated for good. Getting informed on how the Juvenile System works, hearing testimony from the people on the inside of the justice system, as well as specific citing from a former criminal and learning about the “scared straight” program will make it evident that rehabilitation works. It is important to know as much as possible about the Juvenile System. In order to make a decision on if the system is effective, it is imperative to know how the system works and what the goals of the system are. Following the arrest of a juvenile offender, a law enforcement officer has the discretion to release the juvenile to his or her parents, or take the offender to juvenile hall.(LAO) The county probation department has the discretion to accept the offender or not, in which case, the disposition of the juvenile is left to the police. Because most of the state’s juvenile halls are overcrowded, juvenile halls may only accept the most violent offenders.(LAO) This leaves all the rest of the offenders at the mercy of the court for ruling on how to discipline the juvenile. California’s juvenile system has specific goals for their justice system. The goal is the treatment and rehabilitation of...
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...G U I D E T E A C H E R’S A TEACHER’S GUIDE TO TWELVE YEARS A SLAVE BY SOLOMON NORTHUP bY Jeanne M. McGlInn anD JaMes e. McGlInn 2 A Teacher’s Guide to Twelve Years a Slave by Solomon Northup Table of Contents SYNOPSIS......................................................................................................................................3 ABOUT THE AUTHOR...............................................................................................................3 INTRODUCTION TO THE STUDY GUIDE............................................................................3 MEETING COMMON CORE STANDARDS.............................................................3 THE SLAVE NARRATIVE GENRE...............................................................................3 HISTORICAL OVERVIEW..........................................................................................................4 DURING READING.....................................................................................................................6 SYNTHESIZING DISCUSSION QUESTIONS.......................................................................9 ENRICHMENT ACTIVITIES.......................................................................................................9 ACTIVITIES FOR USING THE FILM ADAPTATION........................................................ 11 ADDITIONAL RESOURCES.....................................................................................
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...MODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS © International Trade Centre, August 2010 Model Contracts for Small Firms: International Commercial Sale of Goods Contents Foreword Acknowledgements Introduction Chapter 1 International Contractual Alliance Introduction ITC Model Contract for an International Contractual Alliance Chapter 2 International Corporate Joint Venture Introduction ITC Model Contract for an International Corporate Joint Venture Chapter 3 International Commercial Sale of Goods Introduction ITC Model Contract for the International Commercial Sale of Goods (short version) ITC Model Contract for the International Commercial Sale of Goods (standard version) Chapter 4 International Long-Term Supply of Goods Introduction ITC Model Contract for the International Long-Term Supply of Goods Chapter 5 International Contract Manufacture Agreement Introduction ITC Model International Contract Manufacture Agreement Chapter 6 International Distribution of Goods Introduction ITC Model Contract for the International Distribution of Goods ii © International Trade Centre, August 2010 Model Contracts for Small Firms: International Commercial Sale of Goods Chapter 7 International Commercial Agency Introduction ITC Model Contract for an International Commercial Agency Chapter 8 International Supply of Services Introduction ITC Model Contract for the International Supply...
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...federal case. This is exceptionally important because your actions or absence of actions as law enforcement during the detaining of these suspects can result in the difference between their prosecution or release under federal statue. This presentation will also act as a checklist as well as provide additional information that you may need while in the field or throughout the proceedings of this case. Understand that your participation in this case may not be limited to just arresting or the processing of evidence; you may be utilized as a witness, under oath, in front of a federal court of law. Federal Investigation Outline Format for Presentation Process 1.0 Investigation 1.1 Evidence: - It is evidence that leads the prosecutor to believe he has a "Strong case", meaning there is strong evidence that the person or persons have committed the crime. Direct evidence would include a witness who saw the crime happen, video/audio tape of the crime, and statements done by witnesses, of the crime. Circumstantial evidence may come from someone who did not see the crime first-hand; it includes someone's feelings on multiple indicators in the theory of the crime, even though that person did not see the crime take place. 1.2 Decision to Charge: Prosecutors study all information provided by the investigators, and at that time prosecutors decide whether there is enough evidence to charge/indict the case. Once the prosecutor believes that they have a lock tight case, he...
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...turnover. Organisations collect this data to count and analyse the percentage of staff that leaves in a year. If the figure you get is quite big, then, clearly something is not right. Decisions has to be made and actions has to be taken. * Exit interview information. I believe it is quite useful and important to do understand why people are leaving. * Staff contact details. To ensure HR department or/and line manager can get in touch with the employee. In other words allows to communicate with employees. Methods of storing records Integrated computerised records * Allows to reproduce a lot of information in meaningful reports * Requires less storage space * Allows you to back up records and keep them in a safe place, in case of fire or theft. * Automatically tallies amounts and provides reporting functions. No computerised records * When computer power loss , paper is what you use * Less expensive to set up *...
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...* Chapter 10: Criminal Law and Cyber Crime * Section 1: Civil Law and Criminal Law * Crime- A wrong against society set forth in a statute and punishable by a fine and/or imprisonment—or in some cases, death * Key Differences Between Civil Law and Criminal Law * Burden of Proof * Civil Case * Plaintiff must prove his or her case by a preponderance of the evidence and must convince the court that based on the evidence presented by both parties; it is more likely than not that the plaintiff’s allegation is true. * Criminal Case * The state must prove its case beyond a reasonable doubt. The prosecutor must prove beyond a reasonable doubt that the defendant has committed every essential element of the offense with which she or he is charged * Criminal Sanctions * Much harsher than civil * Involve fines, imprisonment, probation, and sometimes the death penalty * Civil Liability for Criminal Acts * Some torts, such as assault and battery, provide a basis for a criminal prosecution as well as a civil action in tort, * Classification of Crimes * Felonies * Serious crimes punishable by death or by imprisonment for more than one year * Misdemeanors * Less serious crimes punishable by a fine or by confinement for up to a year * Petty...
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...processed through a federal case. This is exceptionally important because your actions or absence of actions as law enforcement during the detaining of these suspects can result in the difference between their prosecution and release under federal statue. This presentation will also act as a checklist as well as provide additional information that you may need while in the field or throughout the proceedings of this case. Understand that your participation in this case may not be limited to just arresting or the processing of evidence; you may be utilized as a witness, under oath, in front of a federal court of law. Federal Investigation Outline Format for Presentation Process 1.0 Investigation 1.1 Evidence: It is evidence that leads the prosecutor to believe he has a "Strong case", meaning there is strong evidence that the person or persons have committed the crime. Direct evidence would include a witness who saw the crime happen, video/audio tape of the crime, and statements done by witnesses, of the crime. Circumstantial evidence may come from someone who did not see the crime first-hand; it includes someone's feelings on multiple indicators in the theory of the crime, even though that person did not see the crime take place (Journalists Guide, 2011). 1.2 Decision to Charge: Prosecutors study all information provided by the investigators, and at that time Prosecutors decide whether there is enough evidence to charge/indict the case. Once the prosecutor believes...
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...Co-development/ Partnership Agreement This Co-development Agreement (hereinafter called the “Agreement”) is entered into by and between [name] [company registration number] [address] (hereinafter called “Party A”) and [name] [company registration number] [address] (hereinafter called “Party B”) 1. Definitions 1.1 As used in the Agreement, the following words have the following meanings when written with a capital first letter: The “Agreement” means this Co-development Agreement, including Appendix A, as may be amended from time to time in accordance with Clause 11.1. “Background Rights” means all Confidential Information and IPR owned by a Party and which are not Foreground Rights. “Confidential Information” means all technical and other information which is not IPR. “Field of Use” means [field of use] in respect of Party A and [field of use] in respect of Party B. “Foreground Rights” means all Confidential Information and IPR which are first generated in the perfor-mance of the Project. “IPR” means patents, utility models, designs, copyrights and any other intellectual property rights of a technical nature anywhere in the world. “Party” or “Parties” means Party A or Party B, individually, or Party A and Party B, collectively. “Product” means [product to be developed under the Project]. “Project” means the project to develop the Product, as set out in Appendix A hereto. 2. Scope 2.1 Party A and Party B hereby...
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... Personal Information Names and Aliases 1.1 Birth Information 1.2 Social Security Numbers 1.3 Voter Registration 1.4 Phone Numbers 1.5 Previous Phone Numbers 1.6 Email Addresses 1.7 Location Information Address History 2.1 Relatives and Associates Possible Related Persons 3.1 Possible Associates 3.2 Possible Neighbors 3.3 Criminal History Possible Matching Arrest Records 4.1 Businesses Business Affiliations 5.1 Possible Associates 5.2 Assets Properties Owned 6.1 Liens 6.2 Accidents Detailed Accident Information Type of Data 7.1 Section Marriage and Divorce Records Marriage Records 8.1 Divorce Records 8.2 Licenses FAA Licenses 9.1 DEA Licenses 9.2 Social LinkedIn Profile 10.1 Facebook Profile 10.2 Amazon Account 10.3 Disclaimer DISCLAIMER: You may not use our service or the information it provides to make decisions about consumer credit, employment, insurance, tenant screening, or any other purpose that would require FCRA compliance. United States Background Checks does not provide consumer reports and is not a consumer reporting agency. (These terms have special meanings under the Fair Credit Reporting Act, 15 USC 1681 et seq., ("FCRA"), which are incorporated herein by reference.) The information available on our website may not be 100% accurate, complete, or up to date, so do not use it as a substitute for your own due diligence, especially if you have concerns about a person's arrest records. Instant Checkmate does not make...
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...Syllabus Certified General Accountants Association of Canada 100 – 4200 North Fraser Way Burnaby, British Columbia Canada V5J 5K7 www.cga-canada.org © CGA-Canada, 2013 All rights reserved. These materials or parts thereof may not be reproduced or used in any manner without the prior written permission of the Certified General Accountants Association of Canada. Printed in Canada ISBN for an individual volume: 978-1-55219-599-4 About CGA-CANADA _________________________________________ CGA-Canada today The CGA designation focuses on integrity, ethics, and the highest education requirements. Recognized as the country’s accounting business leaders, CGAs provide strategic counsel, financial leadership, and overall direction to all sectors of the Canadian economy. The Certified General Accountants Association of Canada — CGA-Canada — sets standards, develops education programs, publishes professional materials, advocates on public policy issues, and represents CGAs nationally and internationally. The Association represents 75,000 CGAs and students in Canada, Bermuda, the Caribbean, Hong Kong, and China. Mission CGA-Canada advances the interests of its members and the public through national and international representation and the establishment of professional standards, practices, and services. A proud history CGA-Canada was founded in Montréal in 1908 under the leadership of John Leslie, vicepresident of the Canadian Pacific Railway. From the beginning, its objective...
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...Check Your Understanding 1.2 1. Ownership of a health record generated by a doctor on a patient belongs to the patient. False 2. A custodian of records is responsible for certifying that a record is what it purports to be. True 3. When a patient refuses treatment he or she is exercising the ethical principle of beneficence. False 4. In a malpractice case, a professional code of ethics may be used as a benchmark for what should be acceptable practice by a healthcare professional. True 5. The ethical principle of nonmaleficence refers to making sure rules are fairly and consistently applied to all. False CHAPTER 2 Check Your Understanding 2.1 1. Private law defines rights and duties between individuals and the government. False 2. Statutes are enacted by legislative bodies. True 3. Administrative law is created by court decisions. False 4. Persuasive authority occurs when a court looks to another court’s decision for guidance, even if it is not required to do so. True 5. Under the theory of stare decisis, a higher court must look to the decision of a lower court. False Check Your Understanding 2.2 1. Jurisdiction is a territory of legal control. True 2. The U.S. Congress is a...
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...OC College of Business Administration MGMT 5603.93: Ethics, Decision Making, and Communications Fall 2015, Term 2 Online _______________________________________________________________________________________ Professor: Dr. Phil Lewis, Professor of Management Phone (Work): (405) 425-5561 or 425-5560; (Home): (405) 475-7070 Email: phil.lewis@oc.edu Virtual Office Hours: Email responses normally within 24 hours. Mission of Oklahoma Christian University Oklahoma Christian University is a higher learning community that transforms lives for Christian faith, scholarship, and service. MISSION OF THE OC SCHOOL OF BUSINESS ADMINISTRATION Within a framework of excellence in contemporary business education, the School of Business Administration will build a community of lifelong relationships upon a foundation of enduring Christian values. CONTRIBUTION OF COURSE TO CHRISTIAN SERVICE AND LEADERSHIP For I have walked in my integrity … I will walk in my integrity … Joyful are people of integrity, who follow the instructions of the Lord. Psalm 26:1, 26:11, 119:1 (NKJV). THE OC COVENANT The Covenant for Oklahoma Christian University is posted under Course Information. REQUIRED TEXT Phillip V. Lewis, Ethics in the World of Business, Kendall-Hunt Publishing Co., 2014 (ISBN: 978-1-4652-3979-2). COURSE DESCRIPTION This course examines the basic ethical issues involved in the conduct of business from a biblical perspective. Critical thinking of organizations as...
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...THE JUVENILE JUSTICE SYSTEM CHAPTER ONE Chapter Outline Origins of the Juvenile Justice System Juvenile Court Jurisdiction Defining Delinquency Defining a Juvenile Chapter Objectives After completing this chapter, you should be able to: 1. Describe the jurisdiction of the juvenile court. 2. Explain what is meant by delinquency. 3. Explain what is meant by status offenses. 4. Compare the ways in which the various states define a juvenile. 5. Identify and define the unique terms used in the juvenile justice system. 6. Outline the three major steps in the juvenile justice process. 7. Describe the five decision points in the juvenile justice process. The Language of Juvenile Justice Overview of the Juvenile Justice System Law Enforcement and Other Referral Sources Juvenile Court Disposition Comparison of Juvenile and Criminal Justice Systems 8. Compare and contrast the juvenile and criminal justice systems. 3 4 PART ONE Juvenile Justice and Delinquency in the United States Origins of the Juvenile Justice System Before the establishment of the juvenile justice system, courts and judges treated juveniles as adults and, in many instances, juvenile offenders received the same punishment as adults. There was only one system of justice in the United States, and all offenders were processed through it without regard to age. Under common law doctrine, the legal system the American colonists brought from England, a juvenile age seven or older could receive the same...
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