...Identify which, if any, of the below circumstances can occur as a result of an appeal: The appellate court can reverse the trial court The appellate court can affirm the trial court The appellate court can remand the case to the trial court Any of the above Does it ever occur in a lawsuit that the defendant stipulates to the plaintiff’s factual allegations? Yes No The quantum of evidence required for a verdict in a civil case is identical to the quantum of evidence required for a conviction in a criminal case. True False The jury hears the evidence presented at trial and decides the facts that are disputed in the lawsuit. The jury is instructed to follow the law given by the judge and then to attempt to reach a final verdict. True False If a judge incorrectly instructed the jury on the law, could this be the basis for a successful appeal of the verdict? Yes No A plaintiff is the party who initiates a lawsuit by filing a complaint. The plaintiff’s name appears at the top...
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...1. Please select one or more of the questions included in the "Notebook," and post specific reasons why the questions should be avoided while interviewing applicants for a job; Have you ever been arrested? You can ask whether the applicant has ever been convicted of a felony.) The Wisconsin law prohibits inquires about past arrest records but permits consideration of current arrest. If an applicant is currently under arrest for an offense that is substantially related to the job, an employer may either suspend judgment until on the case is resolved, advise the applicant to reapply when the charge is resolved, or refuse to employ the applicant. Some exceptions an employer may not refuse to employ a person or discharge a person with a conviction...
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...In re Sir Dinshaw Maneckjee Petit Bari AIR 1927 Bom. 371 Marten, C.J. – For the financial year 1925-26, the assessee Sir Dinshaw Petit has been assessed for super-tax on an aggregate income of Rs. 11,35,302 arising in the previous year. Of this sum he objects to Rs. 3,90,804 made up of two sums of Rs.2,76,800 and Rs. 1,14,004, the former of which arises from Government and other fixed interest bearing funds, and the latter from dividends in companies. Nothing appears to turn on this distinction, and I shall accordingly ignore it. Admittedly the assessee is the legal owner of most of these funds in the sense that they stand in his name and the interest and dividends are paid to him direct. Admittedly as regards the rest the apparent legal owners are his nominees and he receives the interest and dividends. Admittedly he has retained all the above interest and dividends and applied the same to his own use. But he contends that he is only a trustee for certain family companies which he has formed: that the interest and dividends are theirs and not his: that he has credited them in account, and that though he has had the benefit of them in specie this is because the family companies have lent him these moneys at interest which he has credited to them in account although he has not actually paid the interest in cash. He says that the family companies are under no obligation to declare a dividend, and are entitled to lend out their income in this way, even though it results over...
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...Law 531/ Business Law Legal Forms of Business As an entrepreneur one of the most important decision to make, when starting a business is the legal form of the business. In making this decision many factors are taken into consideration, such as financial resource for business, government rules and regulation, and personal liability. In this paper a discussion regarding the different forms of business including scenarios of these form and explanation on why this corresponding business form is preferred. Sole Proprietorship According to Cheeseman (2010), a sole proprieship is the simplest form of business organization and there is no separate legal entity. (p. 530). Under sole proprietorship the business is owned and executed by a single person. The proprietor makes all the management decisions and has authority to receive profits. Sole proprietorship business could easily be sold or transferred if the owner choose, no other approval is necessary. Scenario: A small neighborhood businesses, sometimes called, neighborhood store, are an example of sole proprietorship. Creating a sole proprietorship is easy and low cost with no government approval is required at the federal and state level. A license to do business within the city is required at the state level. This form of business is excellent for a person with limited amount of money to start a small business, Sole proprietorship is responsible for business’s contract and torts committed, The sole proprietorship has...
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...Startups A Small Business Start-Up Checklist 1. Conduct Research and Development *First, answer the following questions: · Is there a current or potential demand for your product or service? · Who makes up your target market? · Does the demand have potential staying power? · What does the current competition look like? · What are the anticipated production/operation costs? (This includes the average cost of any necessary supplies, equipment, and facilities as well as the cost to hire employees.) 2. Make a List of Available Resources *Determine all the assets, knowledge, and expertise that will be needed to start the business *Get an adviser. For free counsel: · Service Corps of Retired Executives (SCORE) · The Small Business Association (SBA) · Micro Mentor · Additional online business resources 3. Create a Start-up Budget *Calculate your start-up costs and complete a start-up budget worksheet 4. Develop a Business Plan *Define your company's mission, the product/service you intend to offer, the industry and market segments you want to enter, the setup and structure of your business, and a financial analysis *Some free online business resources: · Myownbusiness.org - free online business course · Small Business Association - a collection of basic articles on writing a business start-up plan. · Allbusiness.com - specific articles on business plan creation as well as some downloadable templates. · SCORE - an online business workshop · Bplans.com -...
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...Leave Act (FMLA) to care for that parent. No it does not matter if parent literally had nothing to do with a biological child in order for the child to take advantage of the Family Leave Act. I have read and re-read the criteria to be able to use this benefit. It clearly states: In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son daughter, or parent has a serious health condition. In doing my research I did find a clause or question that even questions the validity of it and found that it can depend on the state you are in. For example: retrieved from the New Jersey Family Leave Act, (http://www.state.nj.us/treasury/pensions/epbam/additional/fmla-qa.htm). Who is considered an immediate "family member" for purposes of taking NJFLA and FMLA leave? An employee’s spouse, children (son or daughter), and parents are immediate family members for purposes of FMLA. The term "parent" does not include a parent "in-law" under the FMLA, but under the NJFLA, a parent-in-law is included under the category of "immediate family member" (see below). The terms son or daughter do not include individuals age 18 or over unless they are "incapable of self-care" because of mental or physical disability that limits one or more of the "major life activities" as those terms are defined in regulations issued by the Equal Employment Opportunity Commission (EEOC) under the Americans with Disabilities Act (ADA). The NJFLA definition is substantially the same...
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...ss » Starting a Business » Thinking About Starting a Business? » 10 Steps to Starting a Business Starting a Business Thinking About Starting a Business? Is Entrepreneurship For You? 20 Questions Before Starting 10 Steps to Starting a Business Understand Your Market Business Data & Statistics Business Types Find a Mentor or Counselor Ask Questions About Starting a Business Create Your Business Plan Choose Your Business Structure Choose & Register Your Business Obtain Business Licenses & Permits Learn About Business Law & Regulations Finance Your Business Explore Loans, Grants & Funding Filing & Paying Taxes Choose Your Location & Equipment Hire & Retain Employees null Thinking About Starting a Business? ARTICLE 10 Steps to Starting a Business Starting a business involves planning, making key financial decisions and completing a series of legal activities. These 10 easy steps can help you plan, prepare and manage your business. Click on the links to learn more. Step 1: Write a Business Plan Use these tools and resources to create a business plan. This written guide will help you map out how you will start and run your business successfully. Step 2: Get Business Assistance and Training Take advantage of free training and counseling services, from preparing a business plan and securing financing, to expanding or relocating a business. Step 3: Choose a Business Location Get advice on how to select a customer-friendly location and comply with...
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...HELP Ask a Question Give Feedback 1-800-FED-INFO Browse Knowledgebase TOOLS Start a Business Learn About New Health Care Changes Find Opportunities Browse resource for Veterans SBA Tools Redirecting to BusinessUSA.govcloseYou are being redirected to BusinessUSA.gov – an SBA partner. Please click the OK button below to continue. Your browser will open in a new window. Ok Redirecting to BusinessUSA.govcloseYou are being redirected to BusinessUSA.gov – an SBA partner. Please click the OK button below to continue. Your browser will open in a new window. Ok Redirecting to BusinessUSA.govcloseYou are being redirected to BusinessUSA.gov – an SBA partner. Please click the OK button below to continue. Your browser will open in a new window. Ok Redirecting to BusinessUSA.govcloseYou are being redirected to BusinessUSA.gov – an SBA partner. Please click the OK button below to continue. Your browser will open in a new window. Ok Redirecting to BusinessUSA.govcloseYou are being redirected to BusinessUSA.gov – an SBA partner. Please click the OK button below to continue. Your browser will open in a new window. Ok Redirecting to BusinessUSA.govcloseYou are being redirected to BusinessUSA.gov – an SBA partner. Please click the OK button below to continue. Your browser will open in a new window. Ok Redirecting to BusinessUSA.govcloseYou are being redirected to BusinessUSA.gov – an SBA partner. Please click the OK button below to continue....
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...Sole Proprietorship March 11, 2014 Thinking about starting your own business? Do you prefer to work alone? Or do you prefer to work with a partner? If you choose to work with a partner then the best business structure for you would be the partnership structure. First you must ask yourself; do we have the same vision or objectives on how to run the business? Are we able to communicate well with each other? Most important question of all, do you trust this individual? If two of these three questions is no then maybe the partnership structure isn’t for you and you should set the business up as a sole proprietorship. The partnership business structure allows two or more people start up a business as co-workers with no special formalities (Partnership: Pros and Cons, 2014), but with this structure you do not have total control over the business. Decisions are shared among the partners. Unlike the sole proprietorship structure you make all the decisions by yourself (Schaefer, 2006). No complex paperwork is required when setting up a business under the partnership structure. This structure is less expensive and more affordable because the startup cost is divided evenly among the partners (Partnership: Pros and Cons, 2014). As opposed to the sole proprietorship structure the startup cost is more expensive due to the fact that there is only one owner and no one else to split the cost with. When a business has been setup as a partnership all the partners are taxed individually on...
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...MODULE -2 Business Organisations Notes 5 FORMS OF BUSINESS ORGANISATION ou have studied in the first lesson about the business, its significance and the classification of business activities. You are also aware that these activities are carried out by individuals in an organised form of a business house having different patterns of ownership and management. A single individual may own the business or a number of individuals may come together to own the business jointly. So, based on ownership, we have different forms of business organisation like a proprietary concern, a partnership firm or a company. In this lesson, you will learn about the various forms of business organisation (excluding a joint stock company), their characteristics, merits and limitations, suitability and the steps involved in their formation. Y OBJECTIVES After studying this lesson, you will be able to: • • • • • explain the concept of business organisation; state the meaning and characteristics of Sole Proprietorship, Partnership, Joint Hindu Family Business and Cooperative Societies. identify the merits and limitations of these forms of business organisation; describe the suitability of these forms of business organisation; and explain the steps in the formation of these business organisation. 5.1 BUSINESS ORGANISATION You have already learnt about the meaning of business and the various types of business activities like industry, trade, transport, banking, insurance etc. If you observe...
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...Forms of Business Erin Epps Law/531 August 1, 2011 Christine Benway Forms of Business There are a number of different types of businesses: sole proprietorship, partnership, limited liability partnership, limited liability company, S corporation, franchise, and corporate firm. Each form of business has benefits which it can provide to its owners. As a person in business it is extremely important to determine which form of business best suits the intended goals and needs. According to the State of Iowa (n.d.),“a sole proprietorship is the oldest, most common, and simplest form of business organization” (Sole Proprietorship, para. 1). It is a business which is owned and managed by a single person. This form of business is best utilized by a single individual starting a small business. A good example would be a person starting up a café. All management decisions rest with the proprietor and the business is only taxed on the owner’s income. Since any and all liability will fall on the sole proprietor, it is pertinent that, whatever the business is, it has limited liability issues. The business must be small because as a business grows it becomes more beneficial to transform into a more complex business form. According to the State of Iowa (n.d.), “the limited liability partnership is essentially a form of general partnership…whereas the partners in a limited liability partnership are statutorily provided full-shield protection” (Limited Liability Partnership, para. 1)...
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...Assignment #2 Law, Ethics, and Corporate Governance August 11, 2010 Question 1. Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent? It does not matter if the Tony’s father was in his life or not. He is still Tony’s biological father and he has every right to take care of him. According to the FMLA act The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. (DOL, 2010) Question 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA? The size of a company does matter when it comes to the Family and Medical Leave Act. Small independent owned companies or businesses with less than 50 employees do not qualify for the FMLA act. This law applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees (that’s how many employees BG Motors employs). Employees are eligible for leave if they...
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...Part 1 Business Enterprises in China 1.0 Introduction 2.0 Proprietorships 3.0 Partnerships 4.0 Corporates 1.0 Introduction In the People’s Republic of China, business organizations may be classified in to three main classes: individual proprietorships, partnerships, and corporations. The laws that effect these forms of business enterprises are diverse. There is no single code or statute that governs the PRC law of business enterprises. According to the sources of capital, there are domestic capital enterprises which are regulated by Sole Proprietorship Enterprise Law of the People's Republic of China , Partnership Business Law of the People's Republic of China, and Company Law of the People's Republic of China and foreign capital enterprises which are regulated by The Measures for Administration of the Establishment of the Partnership by Foreign Enterprises or Individuals within the Territory of China, Law of the People’s Republic of China on Chinese-Foreign Con-Tractual Joint Venture, Law of the People’s Republic of China on Chinese-Foreign Equity Joint Ventures, and Law of the People’s Republic of China on Foreign – Capital Enterprises. The relevant laws are the Security Law , the Fair Competition Law and the Antitrust Law. 2.0 Proprietorships 2.1What is a sole proprietorship enterprise A sole proprietorship enterprise means a business entity established within China with its capital contributed by one individual and its assts owned personally by the sole proprietor...
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...Proposal James Collier BUS311: Business Law I Instructor: Daniel Malvin 9-1-2014 A sole proprietorship is a one-person business that is not registered with the state as a corporation or a limited liability company (LLC). The owner of the Acme Firework is a sole proprietor that has never changed his business entity. A sole proprietor can be held personally liable for any business-related obligation. This means that if your business doesn't pay a supplier, defaults on a debt, or loses a lawsuit, the creditor can legally come after your house or other possessions. Product liability laws cover consumer goods and goods used at a workplace. If someone is injured by a defective product or suffers loss or damage to private property, they can sue for damages. Both producers and distributors can also face prosecution if they offer unsafe products for sale. When a defective product causes injury, the manufacturer of the product, the distributor, the wholesaler and the retailer who sold the product may all be liable to the plaintiff. Several large retailers have sent inquires about the company’s ability to fill large orders on a regular basis, but the owner is anticipating he will need new employees and is worried that he will not be able to pay the employees if the large orders do not continue. The owner will have to consider a business entity because the company is going to grow with more employees and workloads. To get the most out of a small business, a company will have to choose...
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...ASSIGNMENT #2 – FAMILY RELATED ISSUES LEGAL 500 Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor. Application of the FMLA can also be impacted by the Uniformed Services Employment and Reemployment Rights Act (USERRA), Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), the Americans with Disabilities Act of 1990 (ADA), or the Health Insurance Portability and Accountability Act (HIPAA). Parents not literally caring for the biological child has no resolve as to whether the child should be granted leave to care for the biological parent. Family and Medical Leave Act (FMLA) do not place stipulations on granting leave for a parent based...
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