...Running head: STATE OF CONFUSION PAPER State of Confusion Paper Debra Brown University Of Phoenix Bus. - 415 Business Law SB09BSB10 Mr. Mark Oertel October 13, 2010 State of Confusion Paper This paper will attempt to analyze the case which has been brought upon the State of Confusion by Tanya Trucker, who has a trucking company that she owns in the State of Denial. According to the scenario, “The state of Confusion has enacted a statute requiring all trucks and towing trailers that uses its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion” (University of Phoenix, 2010). In order for Tanya Trucker to operate her trucking businesses, she would have to buy the hitches in Confusion were they are manufactured by only one manufacturer; in order to go through this one state, or go around the State of Confusion. Even though Tanya Trucker knows that interstate trucking is a huge and profitable business, and could possibly inflict an economic hardship not just on her company in Denial, but on many others trucking companies that want to go though the State of Confusion, but can’t because the manufacture of the (B-Type) truck hitch is only located in the state of Confusion. Therefore, Tanya Trucker has decided to file a lawsuit against the State of Confusion. She feels that the statue is unconstitutional, and may cause problems not just for her living in Denial, but for other out of state truck drivers as well...
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...workplace is essential for your business to run smoothly and efficiently day to day. In order for communication to be effective the message needs to be clear and concise. If the message is not clear this will cause errors, confusion and an inefficient work environment. There are times that I have experienced effective communication in the workplace. An example is announcements and weekly news letters. At a previous job I had, they would sent out a weekly newsletter that kept us all in the loop. This was beneficial to all the employees because we knew of any upcoming changes and what was going on with the company overall. We would also have biweekly team meetings. These meetings would increase morale, give employees the opportunity to voice their ideas and opinions as well as brainstorm with their team. This allows the employees as well as the managers to involve everyone and have everyone on the same page. Another form of effective communication I have experienced is during training and presentations at work. When we introduce new products or change the way we do or process something at work we all need to know about it. Having a training class or presentation that provides expertise, knowledge and instructions allows us to avoid confusion. At my present job they are always introduces new products and new software. We have meetings once a week to make sure everyone is up to date on the new software and products. One reason I perceive this communication to be...
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...Luis F. Rivera Bronc ID# 0056472420730 Dr. Kathleen Dunne March 1, 2015 Since 1998, Statement of Financial Accounting Standards (SFAS) 130 established that companies have to report comprehensive income in a financial statement. SFAS 130 provides two methods of how to report comprehensive income: by a continuous statement format where it starts with income statement and then continues with OCI entries or by presenting OCI as an independent statement, starting with net income. However, in 2011 FASB issued Accounting Standards Update (ASU) 2011-05 that eliminates the option of a separate statement to report OCI. Since respondents demonstrated concerns saying that users can get confused with the information if presented in the same statement, FASB and IASB allows the use of “two-statement presentation” approach. Through the research discussed by Charles E. Jordan and Stanley J. Clark in the article “Reporting Preferences under the Comprehensive Income Standards”, the results demonstrated that depending how OCI is reported does affects managers and investors. The use of independent statements to report OCI is preferable by managers. Managers prefer to use the two-statement approach meaning that operating income and OCI are presented as separate statements so that OCI numbers does not affect income statement. The study demonstrated that this trend is clearly more utilized by more profitable companies than less profitable companies. They do not want the...
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...State of Confusion The state of Confusion has enacted a statute requiring all trucks and towing trailers to use its highway to use a B-type truck hitch. Tonya Trucker owns a trucking company and thinks that this statute is a waste of unnecessary money. Tonya would have to avoid driving through Confusion if she did not decide to upgrade to the B-type hitch. That would also be an expense to her company. Tonya has decided to file suit against Confusion to overturn the statute. What court will have jurisdiction over Tanya’s Suite? Why? Federal Court will have jurisdiction over Tanya suit. The Federal Court will have jurisdiction because her company operates in the state of Denial. General Jurisdiction hears civil trials in the courts. Tanya believes if the decision is overturned, it will not only help her business but also others company’s like hers. Tonya Trucker is taking the necessary steps to file suit through a trial court of general jurisdiction. Trial courts of general jurisdiction are the main trial courts in the state system (United States Courts net.). Tanya business is not in the state of confusion but the state of Denial General Jurisdiction court of Confusion has agreed to hear her case. General jurisdiction courts usually split up into two parts: civil and criminal. Civil court would be where Tonya’s case would be heard. Tonya’s case would more than likely be heard by a judge that has the over power to overturn a law. In general jurisdiction court...
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...State of Confusion Scenario: The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statute is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nation’s highways. (University of Phoenix, 2010) Tanya Trucker intends to file suit against the state of Confusion because of the enacted statute that requires all trucks and towing trailers to use the specific truck hitch while in Confusion. Tanya will file a civil case against the state of Confusion, as this statute adversely affects Tanya’s business profits. Tanya hopes to overturn the statute in this suit against the state. Overturning this statute will allow Tanya’s business and other truck and trailer businesses to eliminate this extra expense. We will examine the list of stages in a civil suit, to determine which court has jurisdiction, and explore whether or not the Confusion statute is constitutional. To begin the stages of a civil case, Tanya must find an attorney who can represent her, then gather the finances to pay the attorney’s fees. With the help of an attorney, Tanya will be able to take the first step of the civil suit. Below is a list of the seven stages of a civil case and a brief...
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...State of Confusion Joseph McMillan University of Phoenix Business Law BUS/415 Charles Ellison June 30, 2012 State of Confusion The state of Confusion is requiring that all truck drivers that drive through their state have a specific B-type hitch on their trailers. If they do not have these hitches they are required to drive around the state of Confusion. However, the only manufacturer of these hitches is also located in Confusion as well. Tanya Trucker is from the state of Denial and plans to bring a lawsuit to remove this restriction on the grounds that this statute is unconstitutional. Tanya truck would have to file the suit within the state of Confusion at the Federal Court because this is where the restriction is being imposed but the federal government is who overseas interstate commerce. Other reasons are due to the fact that the hitch restriction is in this state and the federal government has not made any regulations themselves that require this hitch. Also, the state of Denial has no jurisdiction over the state of Confusion. This statute is not constitutional on the grounds that it is extremely restrictive. A truck cannot be expected to purchase this hitch when the only place to get it is in the state of Confusion. There is no way to drive into the state without first violating their statute to begin with because that is the only place they can first purchase the hitch. Also this standard is only set in one state and is not required in any other states....
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...Unit 2 Assignment CM220 Lisa Lockett Kaplan University My Writing and Community Issues As I first read this assignment, I was a little confused. I have trouble speaking proper English and I know when I start to write in college, I was confusing my teachers with my run-on sentences and incorrect grammar. Now that I have attended Kaplan my teachers have used constructed criticism that help me want to learn to write even more. There are so many reasons why my writing was not reaching my readers. I was afraid of just what I need to write. Not sure, of the correct topic for my paper, I would e-mail my teachers to give me more direction on just what I needed to be writing. I never proof- read my writing before I turned it in I would always be at the deadline because I would always wait until the last minutes and not read the direction correctly. I have problems with my critical thinking. I am fighting against a mental illness and my thoughts are never where they need to be. I have problems with run-on sentences not knowing where to start the next sentences. Now that I know all my problems with me writing, I will try very hard not to do them anymore besides asking my teacher, to confirm my writing assignments. My community has many problems, such as killings, stealing, knockout games, and Mental Illness associated with homeless. I have mental illness so does my sister and mother and father, I take medication, my mother and father has gotten help for their illness. Nevertheless...
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...The State of Confusion BUS/415 April 2, 2012 The State of Confusion Paper The State of Confusion has enacted a statute that will require all trucks and towing trailers using its highways to use a B-type truck hitch. Tanya Trucker, owns a company in the State of Denial, does not see the new statute in the State of Confusion as fair to her business or any other foreign business. The paper will review how Tanya Trucker can suit the State of Confusion, by following all the constitutional laws in the right court, and the litigation process she must follow to suit. The Federal Court will have jurisdiction over this case because Tanya Trucker leaves in the State of Denial, and her suit will be against the State of Confusion. Cheeseman (2010) stated “A case may be brought in federal court if there is diversity of citizenship” (p. 41). Because this case will have a federal question because Tanya Trucker could file her lawsuit against the State of Confusion for violating the commerce clause under the U.S. Constitution. Cheeseman (2010) stated “The Commerce Clause gives the federal government the authority to regulate the interstate commerce.” The U.S. Supreme Court has handled numerous case, but one particular case is the Southern Pacific Co. v. Arizona, 325 U.S. 761, 65 S. Ct. 1515, 89 L. Ed. 1915 (1945), this case was about an Arizona statute that prohibited railroads with more than 70 freight cars to travel within the state (“The Free Dictionary by Farlex...
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...State of Confusion BUS 415 Tanya Trucker, owner of a trucking company in the state of Denial, plans to file suit against the State of Confusion to challenge the State’s new statute requiring all trucks and towing trailers that use their highways to use a B-type truck hitch produced only in Confusion. Although Tanya’s business is located in Denial, she must use Confusion’s highways to conduct business. Tanya must incur additional business costs to comply with Confusion’s statute so her trucks can continue driving through the state. Because the federal government has not made any attempt to regulate the truck hitches used on the nation’s highways, Tanya feels that the statute is a violation of the federal commerce clause, and hopes to have the statute overturned. What Court has Jurisdiction? The specific components of a case aid in determining the jurisdiction over a suit. For Tanya Trucker’s case, she may file in either a state or federal court as they both have jurisdiction. However, it would be pointless for Tanya to file suit in the State of Confusion where the trailer hitches are produced, sold, and required for transport. This could cause court bias, as Tanya’s company is located in another state. Diversity of citizenship jurisdiction allows a state case to be brought to a federal court if the lawsuit involves citizens from different states and involves a nonfederal question. The federal court must apply the appropriate state’s law in deciding the case, and the...
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...In The Psychology of Globalization (2002) , Jeffery Arnett says that “As local cultures change in response to globalization, most people manage to adapt to the changes and develop a bicultural or hybrid identity that provides the basis for living in their local culture and also participating in the global culture. However, for some people, adapting to the rapid changes taking place in their cultures is more difficult. The images, values, and opportunities they perceive as being part of the global culture undermine their belief in the value of local cultural practices. At the same time, the ways of the global culture seem out of reach to them, too foreign to everything they know from their direct experience. Rather than becoming bicultural, they may experience themselves as excluded from both their local culture and the global culture, truly belonging to neither”. According to Arnett’s statement there are some countries or regions in the world where the local people are having difficulties in adopting the changes that are taking place. in his article The Psychology of Globalization he speaks about different terms such as “Culture shedding” which is when people are bound to drop some of their cultures whether it their own choice or not because globalization is dominating the world and there is nothing they can do about it, another term he speaks of is “Marginalization” which is when a person does not want to keep their old cultures any more but they also reject the new cultures...
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...You will also need to review your own citations and references since WritePoint capability in this area is limited. NOTE: WritePoint comments are computer-generated writing and grammar suggestions inviting the consideration and analysis of the writer; they are not infallible statements of right/wrong, and they should not be used as grading elements. Also, at present, WritePoint cannot detect quotations or block-quotes, so comments in those areas should be ignored. Please see the other helpful writing resources in the Tutorials and Guides section of the Center for Writing Excellence. Thank you for using WritePoint. State of Confusion Marlon Sutton Bus/415 March/28/2012 Aaron Towns State of Confusion Tanya Trucker who owns a trucking company is filling a suit that involves the state of confusion. Requiring all [Writing suggestion: "All" or "all of" used as an intensifier very often can be removed with no loss of meaning] trucks and towing trailer, that [Remove comma before "that" preceding a restrictive phrase (otherwise replace "that" with "which")] use the highways to use a B-type truck hitch. Tanya Tucker and other trucker feel [Style suggestion: if "felt" is used in the sense of "to believe or think," it is a cliché and vague; use a form of "believe" or "think"] that this is imposing expenses which [Use "that" for a restrictive phrase (or place a comma before "which")] are unfair because of this action filling a...
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...Tanya v. the state of Confusion Tanya Trucker v. the state of Confusion is the case about a statute requiring all trucks and towing trailers that utilize the highways of the state of Confusion to have a B-type truck hitch. The lawsuit takes place because Tanya Trucker, a trucking company owner and a citizen of the state of Denial as well, finds it unfair for her to pay for the additional expenses for installing the particular type truck hitch that is only manufactured in the state of Confusion. The case is taking into consideration of what court will have the jurisdiction over Tanya’s suit and the reasons. Whether the Confusion statute is constitutional or not is also a big question to challenge the legal reasoning. Especially to determine the validity of the statue, the application of what provisions of the U.S. Constitution should be utilized properly, and the possibility for Tanya to prevail on her suit is encountering with all the legal reasoning as well. The court will have jurisdiction over Tanya’s suit and the reasons This is the case involving the diversity of citizenship between the state of Confusion and the citizen of the state of Denial; therefore, the court that should have jurisdiction over the lawsuit is the federal District Court in the sate of Confusion where the statute enacted. If there is diversity of citizenship, federal court may be chosen to have jurisdiction (Cheeseman, 2010). Apparently, the federal government has never regulated...
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...State of Confusion BUS 415 Business Law November 1, 2010 State of Confusion Tanya Trucker owns an out-of-state trucking company and resides in the State of Denial. For the purpose of conducting her business, she frequently finds the need to drive her truck across other states; including the State of Confusion. Recently, the State of Confusion ratified a state law demanding all towing trailers and trucks traveling through the State of Confusion to have the B-type truck hitch installed on the vehicle. Truck owners and drivers choosing not to install the B-type truck hitch are not allowed permission to use the highways of the State of Confusion. Instead of driving through the State of Confusion, truck operators must drive around on the perimeter of the state, which will cost the trucking companies extra time and money. State and court system jurisdiction handling Tanya’s suit and explain Because the State of Confusion acted in violation of the Commerce clause contained within the U. S. Constitution, the federal court becomes the filing jurisdiction for Tanya Trucker’s lawsuit. Although the 10th Amendment to the Constitution sanctions states the power to regulate intrastate commerce, the Commerce clause included within the Constitution of the United States. In particular Article One, Section Eight, Clause Three grants Congressional body authority of commerce regulation and trade actions conducted with the Indian tribes, other states, and foreign nations. The Commerce Clause...
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...State of Confusion LaJean Adame, Ben Bush, Lynda Fae, Robert Ralston, Loquenta Spencer BUS/415 July 23, 2012 James Zaccaria State of Confusion Trucking companies have the right to travel from state to state without incurring additional expenses or duties. When states impose laws that incur additional costs to the distribution companies the state is interfering with the commerce clause (Farlex, 2012). The state of Confusion has enacted a statute requiring trucks towing trailers on its highways must have a B-type hitch. The hitch is manufactured by one company within the state of Confusion. Truck drivers who do not comply with this statute must drive around the state. This statute is adding additional expenses to the transportation of loads from either changing the hitch or added gas to go around the state. Tanya Trucker owns a trucking company in the state of Denial and is not happy with the new statute because of the added expenses imposed on her business. Tanya intends to file suit against Confusion to overturn the statute. Team A will help Tanya with this suit by discovering the court that will have jurisdiction, if the statute is constitutional, which provisions of the U.S. Constitution will be applied by a court to determine the statute validity, is Tanya likely to prevail in the suit, and provide the stages of a civil suit. By discovering these details Team A will discover if Tanya will be successful with overturning the statute. Jurisdiction The state of...
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...State of Confusion Raymont Curry BUS/415 May 9, 2011 Instructor: Walter M. Pence State of Confusion Tanya Tucker intends to file a suit against the State of Confusion to overturn their statute regarding the truck hitch. Tanya will be filing the suit in the Federal Courts as a un- constitutional restraint on trade or violation of the Commerce Clause of the Constitution and the Necessary and Proper Clause. The Commerce Clause is an enumerated power listed in the United States Constitution. The Clause states that the United States Congress has the power “To regulate Commerce with Foreign Nations and among several states and Indian Tribes “The Commerce Clause Power is often amplified by the Necessary and Proper Clause which states the Commerce Clause power and all of the other enumerated powers may be implemented by the power. The United States Constitution is clearer about the role of Congress when dealing with the Interstate Commerce and would depend on the circumstances presented by a specific case. The State of Confusion statute would be constitutional if Confusion could make a rational relationship for legislation. The State of Confusion would need to point out specific safety reasoning for enacting the statute, not just for the purpose of restraining trade and commerce among the states or giving a company an unfair advantage. It is the strict province of the federal government to enact safety requirements for vehicles and the State of Confusion is not...
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