...The Agency I contacted for the interview was the Texas Veterans Commission that is housed in the Texas Workforce. The person interviewed was Jeanette Thomas a Veterans’ Representative for the Texas Workforce Commission. The Texas Veterans Commission was created in 1927 as the state Service Office to help veterans of the Indian wars, Spanish-American War and World War I. The mission is to act as the state appointed advocate for Texas veterans and their families as they try to secure the benefits that they have earned in exchange for the service that they have given our nation through the armed forces. The agency assists veterans and disabled veterans’ that have served in the Army, Navy, Air Force and Marine Corps.The agency has many various ways to assist veterans. • Employment Services, is one main focus of the agency. After the veterans are discharged from the armed forces they sometimes require help to attain employment. The agency provides assistance with finding Veteran job applicants. The goal of these services is to match Veteran job seekers with the greatest employment opportunities available. Currently there are more than 190 Texas Veterans Commission Employment representatives that provide a wide range of services. These representatives are located in 75 cities in Texas and assist with one-on-one assistance with resume writing, interviewing skills job applications and job searches. The commission also provides intense services...
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...AGENCY RELATIONSHIPS ( Agency: A fiduciary relationship that results when one person (the principal) manifests her consent that another person (the agent) will act on her behalf and subject to her control, and the agent manifests his consent to so act. ( Fiduciary: A person who undertakes to act on behalf of and primarily for the benefit of another. ( Fiduciary Duty: A duty arising from the trust and confidence placed in a fiduciary by those on whose behalf and for whose benefit she acts. EMPLOYER-EMPLOYEE RELATIONSHIPS ( Employee: A person (1) who works for, and receives payment from, an employer, (2) whose working conditions and methods are controlled by the employer, and (3) for whose acts and omissions occurring in the scope of employment the employer is liable. ( Independent Contractor: A person (1) who works for, and receives payment from, an employer, (2) but whose working conditions and methods are not controlled by the employer, and (3) for whose acts and omissions the employer is not liable. DETERMINING EMPLOYEE STATUS ( To determine whether a worker is an employee or an independent contractor, courts consider the following: (1) how much direction and control the employer exercises over the details of the person’s work, (2) whether the person is engaged in an occupation or business distinct from that of the employer, (3) whether the work the person performs...
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...Business Law I MGMT235-1401A-05 January 15, 2014 For this discussion board post we are to discuss the topics of Agency Law and the different principals and ideas that go along with it. There are three types of principles that exist; they are disclosed, undisclosed, and partially disclosed principals. A disclosed principle refers to when there is a 3rd party involved. The person/people are not hidden by the company to the person or persons that they are working with. For example, Let’s say you have a bill and you have not paid it, the company that you had the bill will originally may turn your account over to another collection agency and they would in turn contact you and let you know that your account has been turned over to their company to collect the debt on behalf of the original company. When it comes to an undisclosed principle, it’s just that, not disclosed, no information is given on that agent. They still are working either on their own behalf or through a company and do not want their information public. For example, if I was under an undisclosed principle I would not go into a meeting and say, “I am here on behalf of Yellowstone National Park”. This information would not be given out. For a partially disclosed principle, at the time of the deal, the person may know that the other person he is dealing with is portraying themselves as an Agent but does not know who the main source or principal is. For example, if I am speaking on behalf of a national park...
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...Chapter 10: Agency * What is an agent? * The primary function of an agent is to make contracts on behalf of the principal If the party wishes to sue, they must sue the principal and not the agent: International Harvester Co of Australia Pty Ltd v Carrigan’s Hazeldene Pastoral Co (1958) * Indicators of an agency relationship: * Does the 'agent' keep the profits it makes or does it have to pay them across to the principal? * Is the ‘agent’ paid a commission? o Does the ‘agent’ have an obligation to account to the principal for sales? * Potter v Customs and Excise Commissioners [1985] Functions of an agent: * Most common function: to bring about a contractual relationship between the principal and a third party * A person who has no authority to make contracts on behalf of his/her principal may be an agent if he/she has authority to: o receive money on behalf of principal o pay money on behalf of principal * make representations for which principal is responsible o receive representations on behalf of principal o Petersen v Moloney (1951) 25 ALJR 566 (High Court) Common commercial relationships in agency: * Employer/Employee: not all employees are agents because not all employees have the authority to affect their employer’s legal position with respect to 3rd parties. * Independent contractor: may be an agent with wide authority, limited authority or not an agent at all: Perpetual trustees...
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...expenses if Bills could find him another acting gig. The next night in a room at the Bay Hotel, Bills and Phillips were smoking marijuana; Bills’s lit marijuana cigarette caused a fire and burned down the hotel. Phillips was sued by Valley Television Productions for breach of contract and by the Bay Hotel for Bills’s negligence of starting the fire. Bills was also sued by the Valley Productions for breach of contract and filed for unemployment compensation after Phillips terminated their business relationship. RULES A fiduciary relationship results when one person (the principal) manifests her consent that another person (the agent) will act on her behalf and subject to her control, and the agent manifests his consent to so act. An agency by agreement relationship is based on an express or implied agreement that the agent will act for the principal. As per the Equal Dignity Rule, if a contract being executed by an agent on the principal’s behalf is written, most states require that the agent’s authority must also be evidenced by writing; otherwise, the contract executed by the agent is voidable at the principal’s option. However, a principal’s express or implied affirmation of a previously unauthorized contract made by, or other act of, a purported agent will result in ratification by the principal. Express or implied affirmation entails:...
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...Pick an administrative agency of either the federal or a state government. Find where the current and proposed regulation changes for that agency are located on the Internet. (i.e., the Federal Register or the State Administrative Agency website.) Regulations.gov is a good place to begin your research. Pick one proposed regulation change currently under consideration (if you find one that has already closed out but interests you, you can use that instead) and write the following regarding it: 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers and (b) a copy of the proposed regulation you used for this assignment. (10 points) U.S. Department of Education- This regulation really interests me because this regulation will make it harder for students to receive educations and the percent of college graduate will be lower. I am a fan of college graduates actually graduating and obtaining their degree. With that being said, this topic has my interest 100%. 2. Describe the proposal/change...
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...AGENCY THEORY The agency theory concept was initially developed by Berle and Means (1932), who argued that due to a continuous dilution of equity ownership of large corporations, ownership and control become more and more separated. This situation gives professional managers an opportunity to pursue their own interest instead of that of shareholders.. In ‘theory’, shareholders are the only owners of a company, and the task of its directors is merely to ensure that shareholders’ interests are maximised. More specifically, “The ‘duty’ of directors is to run the company in a way which maximises the long term return to the shareholders, and thus maximises the company’s profit and cash flow. However, Jensen and Meckling (1976) observed that mangers do not always run the firm they work for to maximise shareholders’ wealth. From this observation, they developed their agency theory, which took into account the principal-agent relationship as a key determinant in determining firm performance. According to their definition, “An agency relationship is a contract under which one or more persons (the principal[s]) engage another person (the agent) to perform some service on their behalf which involves delegating some decision-making authority to the agent . The problem is that the interest of the principal and the agent are never exactly the same, and thus the agent, who is the decision-making part, tends always to pursue his own interests instead of those of the principal. It means that...
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...Agency Theory: A brief Review by N. Waweru The agency theory assumes that there exists a contractual relationship between members of a firm. It recognises the existence of two groups of people; principals or superiors and agents or subordinates. The principals will delegate decision making authority to the agents and expect them to perform certain functions in return for a reward. Both the principals and the agents are assumed to be rational economic persons motivated solely by self-interest but may differ with respect to preferences, beliefs and information (Jensen and Meckling, 1976). The principal/agent relationship can exist throughout any organisation and usually starts from the shareholder-director and ends with the supervisor-shop floor worker (Figure 1.1). In an organisation context, which involves uncertainty and asymmetric information, the agent’s actions may not always be directed to the best interests of the principal. Agents’ pursuit of their self-interest instead of those of the principal is what is called the agency problem (Jensen and Meckling, 1976). To counter this behaviour, the principal may monitor the agents’ performance through an accounting information system. The owner can also limit such aberrant behaviour by incurring auditing, accounting and monitoring costs and by establishing, also at a cost, an appropriate incentive scheme (Jensen and Meckling, 1976). According to Jensen (1998), agency theory seeks to understand: (1) how to assign decision making...
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...1. State the administrative agency that controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you, or the business in which you are working? If so, how? Federal Railroad administration controls the regulation. It interests me because this regulation would increase the safety of individuals. I feel really comfortable and safer since I utilize the rail transportation everyday. There were certain railroad incidents in the past, which cause the public to lose trust and doubt the capability of the railroad employees. Hopefully, the well-designed training program would have the potential to reduce risk in the railroad environment therefore; will reduce the frequency and severity of accidents. 2. Describe the proposal/change. Proposal emphasis on the training of the railroad employees perhaps which might reduce the frequency and severity of certain accidents. FRA is requiring that each employer of one or more safety-related railroad employees (whether the employer is a railroad, contractor, or subcontractor) train and qualify each such employee on the Federal railroad safety laws, regulations, and orders that the employee is required to comply with, as well as any relevant railroad rules and procedures promulgated to implement those Federal railroad safety laws, regulations, and orders. The final rule also requires that the training program developed by each employer be submitted to FRA for approval...
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...Administrative Agency Week 2 Assignment MGMT 520 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? The regulation I have decided to follow is governed by the U.S. Fish and Wildlife Service. As an avid animal lover, I am very interested in the regulations proposed by the U.S. Fish and Wildlife Services. This particular proposal surrounding chimpanzees is close to my heart since there are a great number of laboratories performing testing on chimpanzees every day. Chimps often die as a result of the testing being performed. Chimpanzees are becoming more endangered both in the wild and in captivity. While this proposed regulation has no direct effect on my current business, there would be indirect effects relating to the laboratory experiments or lack thereof. If laboratories were unable to use chimpanzees to test medications and make up for example, there could be a decrease in the production of these products. A decrease of production in these products could result in higher costs for the consumer. 2. Describe the proposal/change. (10 points) The U.S. Fish and Wildlife propose that all chimpanzees, both wild and in captivity, be placed on the endangered species list. After a 5 year review of the species, it has been determined that there should be no distinction between wild and...
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...INTRODUCTION Agency has been defined as a legal relationship that exists between two persons where one called the agent is considered in law to represent the other called the principal in such a way as to affect the principal’s legal position in relation to other parties. This presentation will explore the below: • Definition of agency • Creation of agency • Effects of contracts made by agents • Rights and duties between principal and agent • Termination of agency DEFINITION OF AGENCY An agent is a person employed to do any act for another or to represent another in dealings with third persons. Cap 23 Laws of Kenya is the law that governs Agency law in Kenya. The law of agency is based on the common law rules developed by English courts and rulings made by other courts in the Commonwealth. On March 14th 1978, Kenya adopted the convention on the law applicable to agency. In Timmins (Town) v Brewers' Warehousing Co. Ltd (1962) Schroeder, J.A. stated, inter alia, that "the outstanding feature of an agent's employment in a legal sense is that he is employed primarily to bring about business relations between the principal and third persons, and this characteristic is perhaps the most distinctive mark of the agent as contrasted with others not agents who act in representative capacities". The law of agency prescribes the legal rules for determining- (a) How a person may become an agent; (b) The rights and duties between the agent and the principal; (c) The relations...
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...Agency Law 1. Agent is not a party, only representative to carry out almost all legal acts of principal. 2. Agent must have authority to represent. Relationship is normally contractual. a. Express authority ACTUAL: being set out/stated in words by principal, orally or in writing.超过一年或一年可能不能完成、买卖land/interest in land/business must written document即为power of attorney. b. Implication authority ACTUAL: • Authority被要求做things necessarily or normally incidental to acts that have been expressly authorized • Authority is given to agents employed in a particular capacity例如公司的经理 • Authority is customarily granted to agents employed in a particular market or type of business c. Apparent authority/ostensible authority名义代理 • Representation was made to third party that agent had authority to enter into the kind of trans in question • Representation was made by a person with actual authority to manage relevant aspects of 公司生意 • Third party was induced to enter the transaction by the representation and relied on it • The company in fact had the power to enter into the type of trans in question 3. Ratification a. If agent act without authority or outside the limit of actual authority, principal can assent批准by ratificaiton b. Ratification must be made within reasonable time and do not prejudice the interest to third party. c. No ratification of unauthorized act if principal is undisclosed. Principle is undisclosed when the third party not contemplate预期 of being legally bound to...
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...Why state Intelligence agencies engage in international intelligence liaison? 9/11 terrorist attacks, 7/7 terrorist attacks, Paris attacks are the implementer of what is called international intelligence liaison. These major terrorist attacks have put intelligence agencies in a place where they need liaison to face the problem. 21st century is witnessing the increase in globalization of intelligence. The phenomenon of international intelligence liaison is central to this process, it is an area where intelligence and international relations come in to connect. This article highlights the key themes that are currently developing within international intelligence liaison relationships. International intelligence liaison which may be defined as the the process of communication or cooperation which facilitates a close working relationship between intelligence organizations and law enforcing agencies of many states and countries. Intelligence agencies act as frontline of homeland defense and security. Right now, no any single state or country is facing the challenge of terrorism. These days international intelligence liaison is occupying space in academic research, political discourses and in state matters. As Adam Svendsen says: ‘Liaison today represents the most significant dimension of intelligence.’ It is high time for world to recognize and realize that existentialist issues such as, pandemics, overpopulation, climate change and now terrorism, are of global level. Therefore...
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...Week 2 Homework Help – GM520. Professor Dan Speckenzy Student Name: ECPECO Date: 1 November 2009 1. Administrative Agency: Federal Energy Regulatory Commission (FERC), of the Department of Energy (DOE) I chose FERC because it is the federal administration agency that ultimately my employer being a utility and a member of the non-government North American Reliability Commission (NERC) through which FERC imposes energy or electrical power jurisdictional and regulatory control. I chose the 60-day regulation on the books “Reliability Standards for Geomagnetic Disturbances” or RSGD regulation as it will eventually translate into physical, electronic, and IT infrastructure changes that I may be called upon to implement or collaborate implementation as an IT system integrator and/or systems engineer/administrator. This proposed RSGD regulation deals with developing and establishing reliability standards for mitigating the potential power interruption of our nation’s power-grid resulting from our planet earth’s geomagnetic field configuration disturbances (GMDs) caused by solar winds/flares generated by sunspots coronal mass ejection hurled at earth’s on a more frequent basis than experienced in the past, and the continued operation of the BULK-Power System. 2. The proposal is two-fold. First part or stage of the proposal is to require its FERC-certified Electric Reliability Organization (ERO) NERC to file reliability standard(s) within 90 days of the final rule effective...
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...Private and public agencies (Insert Names) (Institutional affiliations) The differences and similarities between public and private agencies, and their organizational structures and funding sources Public and private agencies functions differently as they offer services to client on daily basis. Bothe agencies have different methods of securing their funds in order to provide services to their clients where the private agencies sponsor themselves and public agencies are mostly sponsored by public funds which is acquire through tax (Koh, Graham, & Glied, 2011). The format through which these agencies deliver their services is also different because private agencies aim at making high profits from the services they provide while some of the public agencies deliver service with an aim of supporting citizens of the respective nation. When working with clients, family systems theory is used in these agencies to provide the required services as per the changing environment. This systems theory affects the agencies’ operational structure in that it ensures that clients have access to their needed services (Scott, & Pandey, 2005). They also involve in different interventions whereby private agencies are more concerned with technological improvement than the public agencies for customer’s convenience. Due to their different ways of offering services to their clients, the diverse needs of clients or patients gets affected whereby private agencies satisfy the needs of the...
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