...Nicole Mizelle, Sara Smothers, Jennifer Vallee, Pamela Mazzone, Tonya Stewart, Miranda Mercer Teamwork Week 6 Civil Procedures page 259 5. Analyze the following situation and using your understanding of the discovery rule as explained in this chapter, determine which of the following items in the Allied Global case would qualify as initial disclosure and which under, rule 26 of the Federal rules, would have to be proved to the Urbinas without waiting for a discovery request: A.) A copy of a list of all of the components manufactured by Allied-Global and used in the Endless Ocean rig over the last 12 months. This would be a good source of information to the case because we would need to discover all items that are manufactured by Allied-Global and used in the Endless Ocean rig over the last 12 months. It has to be available to the courts and show how this is going to be used so that the company can win the case. With more evidence brings more light to the trial and the situation that happened. This could also open more doors for more law suits or reasons as to why this happened. (Sara Smothers) B.) A set of notes written by your supervising attorney during the initial interview with Dr. Teilhard. A set of notes that were written by your supervising attorney during the initial interview with Dr. Teilhard does not qualify as initial disclosures. The reason being is that it is not a document in the investigation; it is merely a set of notes taken during in the interview in...
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...Study 7 Stratified Custom Manufacturing, Part 7D https://hwguiders.com/downloads/cis-550-case-study-7-stratified-custom-manufacturing-part-7d/ SCM appeared to be in direct violation of “Federal Rules of Civil Procedure (FRCP) What it covers: In place since 1938, the FRCP discovery rules govern court procedures for civil lawsuits. The first major revisions, made in 2006, make clear that electronically stored information is discoverable, and they detail what, how and when electronic data must be produced. As a result, companies must know what data they are storing and where it is; they need policies in place to manage electronic data; they need to follow these policies; and they need to be able to prove compliance with these policies, in order to avoid unfavorable rulings resulting from failing to produce data that is relevant to a case.” (Staff) To Read/Download Complete Assignment Hit Purchase Button CIS 550 Case Study 7 Stratified Custom Manufacturing, Part 7D https://hwguiders.com/downloads/cis-550-case-study-7-stratified-custom-manufacturing-part-7d/ SCM appeared to be in direct violation of “Federal Rules of Civil Procedure (FRCP) What it covers: In place since 1938, the FRCP discovery rules govern court procedures for civil lawsuits. The first major revisions, made in 2006, make clear that electronically stored information is discoverable, and they detail what, how and when electronic data must be produced. As a result, companies must know what data they are...
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...Justin Hussey January 20, 2016 Chapter 4 Questions for Review 1.) What are the shortcomings of litigation? The first problem with litigation is that it can be very expensive. Another problem is it can be a lengthy process taking up a lot of time. The process of discovery also slows down litigation. 2.) What are the advantages and disadvantages of ADR? Some of the advantages are that the time of the case can be shortened and it can be less expensive. One of disadvantages are that since the most of the cases handles in ADR never go to court, it causes gaps in the evolution of case law and the progression of legislation. Another disadvantage can be that the end result may not be quicker and less expensive, if one of the parties doesn’t agree with the arbitrator then the case will go to court. 3.) What are the advantages of mediation? Some advantages of mediation are that it can take place before or during a lawsuit and it can help both parties find a solution that can both agree on. 4.) What is the nature of an arbitration hearing? An arbitration hearing can be a relax environment with the arbitrator hearing informal testimony or it can be rigidly controlled, with the arbitrator following strict rules. 5.) What happens during the med-arb process? First, the parties go to mediation. If the parties do not settle of everything in the mediation, they go on to an arbitration hearing to undecided on what was not...
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...Skeletons is the Closet The case begins with David Fisher, and Donna Cooper, exploring in the archives for nostalgic items to celebrate the 75th Anniversary of GPC. The two happen across a series of love letters which implied that the formula of Parkelite, was in fact stolen. In the world of competition, the reputation of your company is paramount. Ironically, General Parkelite Company (GPC) founded itself upon the quality of its work it produces. Should GPC be completely honest when this discovery was found or kept it public? GPC is regarded for its honesty, integrity , and a deeply entrenched culture of good work ethic. This is the foundation of GPC’s strength and is felt on every level of the organization. These are the companies values and they work from them. This newfound information could potentially ruin the prestige reputation of the company and the Parker name. Given the situation that their founder was a theif, must make the correct decision. Ethically, they should go public with the new information, accept the damage to the reputation and accept the lighter punishment. The ethics of the company were core to this dilemma. Obviously, GPC’s competitors would utilize this situation to punish them and try to take the upper hand. The name GPC would be subject to bad publicity, as well as its image. Sales could potentially drop if there are many close substitutes causing lay offs and potentially further decline until the end of GPC’s existence. Competitors have the...
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...In my own opinion, I believe that the short story “Allegory of the Cave” by Plato is basically a story that represents the way in which people perceive what they to be reality. The story’s location is in a cave, where there are people who are chained down and forced to look at a wall that is in front of them, for their entire lives. They cannot stand up or move their heads in any direction. The cave is completely pitch black with the exception of a fire lit behind them, casting shadows upon the wall that they are forced to stare at. There are people behind them using puppets, and different materials to cast different shadows on the wall. These shadows on the wall are what the people who are chained in the cave perceive as reality. One of the people who was chained down in the cave gets released out into the real world, thinking that the shadows he had been seeing was actual reality. The story describes how when he was released, what he saw was aching to the eye, and he was not yet even fully out of the cave. Plato says how since the sight of these new images would be so unnatural and uncomfortable for the man, he would feel a need to go back to the cave and stay where he feels comfortable, or safe. One he was fully surrounded by the outside world, full of sunlight, he was completely disturbed and blinded by the suns rays. Plato states how the man will at first see the shadows and the reflections of the people he is amongst, and then he will look up at the sky and to the sun, and...
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...In the Superior Court of the State of Arizona In and For the County of Yavapai | |) |Case No.: | |Plaintiff, |) | | |vs. |) |DIVISION 4 | |Defendant |) | | | |) |Memorandum of Points and Authorities in opposition to motion to | | |) |vacate order for hearing set for September 17th, 2008 | | |) |Assigned to the Honorable | | |) |Howard D. Hinson, Jr. | | |) | | | |) | ...
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...Can a person die of happiness? That’s what seems to happen in Chopin’s “The Story of an Hour”. Mrs. Mallard received the horrible news of her husband’s passing due to a train accident. However, as we read further into the story we realized that Mrs. Mallard is not that upset with her newfound freedom. But the narrative comes to a climax when Mrs. Mallard dies upon discovering that her husband is actually alive. Doctors pronounce the cause of death - “joy that kills”. It is debatable if someone could die from hearing good news. Mrs. Mallard believed that her husband died and she finally could be free to live her life, but was rudely awakened by seeing him alive. Her imaginative freedom was taken away from her and that’s what her heart couldn’t take. It was not the joy that killed Mrs. Mallard but rather discovering that her husband is alive and her freedom would be lost again, thus causing her death. The story takes place at a time when women were exploited, considered inferior to men. Women belonged at home, as an aide to her husband. Divorces were unheard of and flown upon. The opposite of society norm, Mrs. Mallard no longer wants to be tied down to her husband and marriage and we see it directly from the context of the story. Mrs. Mallard knows her place in society and would she suppose to do. Hearing the news at first, “she wept at once,” which is what we would expect a widow to do. But in her room, “there was something coming to her,” she whispers “"Free, free, free!" Louise...
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...Record Keeping has been around for a long time now. Depending on the laws that governed us, we are requiring to maintain records. A good document retention policy could last up to seven years. A litigation hold is basically keeping all records pertaining to the case, or until the case is over. Depending on the records at hand, state and federal laws require organizations to maintain records. During litigation hold notice a good checklist to follow, is a good idea. A document retention policy basically establishes a policy that keeps records of documents and files for a certain amount of period, so that a court can examine a business practices over a time period. Courts and juries don’t have little tolerance for organizations that don’t maintain their records. They often give penalized corporations for keeping their records, by handing out big fines. A document retention policy is established after a litigation hold is given to an organization. Depending on the litigation hold certain documents must be maintain in order to prevent penalties. So if the litigation hold is pertaining to a HIPPA violation at a college, the college must maintain all records to include, emails, documents, faculty involvements, telephone conversations, backup tapes, hard drives, flash drives and etc. The policy has to be clear and understanding to faculty. The files must be in preserved in original format, and cannot be altered at any time. The Sarbanes-Oxley Act of 2002 was passed through the senate...
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...Chapter 7 Civ Pro Discovery 1. a. a. In davis it was relevant because they needed the information to prove that the company did discriminate. b. In Steffan it was not relevant because he already admitted to being Homosexual. 2. Yes he must answer this time because his sexual conduct has something to do with what he is being tried for. 3. c. In Davis they used Fed. Civ proc. 26 (b)(1) stating that the complaints of discrimination may be relevant to establish pretext. i. In Steffan he argued Rule 37 which states that failure to comply to the discoverable rule his actions would be dismissed. But no sanction may be held if it was an error of law. d. Court of appeals? e. How did he reach the appellate? f. That the power of the district court is easily overruled. 4. Barbaras bank account is not discoverable 5. Yes it is discoverable 6. Yes discoverable Notes: 1. No she does not violate any law. 2. The court felt like Silverstis was securing an advantage by simply ignoring his duty. a. The law suit still shouldn’t proceed b. No it would not be fair 3. 26(a) automatic disclosure Discovery request Protective orders Expert info Sanction We are dealing with Discovery request 26b you can get to the subject matter What is relevant? Relevant has to be based on the underlying law. Motion to compel Notes for 472 1. Jan 14 Discoverable...
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...Apply the Timmons entrepreneurship framework (entrepreneur-opportunity-resources) to analyze this case 1. Opportunity for entrepreneurship Discovering problem is the key for successful entrepreneurship, it means look into problem is chance to be success. Mr. Poss discovered issue that garbage trucks consume many pereoleum.This was waste energy and time. In addition, recently years, ECO friendly market has become more and more hugely in the recent years, particularly in west countries. Many west countries are more positive to improve their environment, therefore we may see Poss’ customer who are government, school and so on. Timing is other opportunity in this case. It is right time that invent right product. Mr. Poss and his team found this chance to invent Big Belly. According as our information, Jim Poss's firm, Seahorse Power Company (SPC), encourages the adoption of environmentally friendly methods of power generation by designing products which are cheaper and more efficient than twentieth-century technologies. So we can know that entrepreneurial leaders shape opportunities within the context of who they are, what they know, and who they know. Notice how Poss began with a problem he experienced directly in his life, linked that concern to his expertise in solar technology, and then connected his ideas with others in his community and his broader networks. 2. Resource for entrepreneurship In this case, SPC does not have many supports, however the other key for entrepreneurship...
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...to work the easy way and others the hard way. A manual and electronic scheduling process has it advantage and disadvantage. Its great knowing the pro’s and con’s between manual and electric scheduling because it’s better to know then not to. There’s no different electronic and paper discovery there the same jus in two distinct ways. Working electronically means having the ability to search, sort, and retrieve information, it saves time. Electric scheduling can keep nurses, Dr., etc. better connected with customers, patients and students. According to Linda G. Sharp (pg.2 section 1.3 Electronic documents contains attributes lacking in paper documents) “Computers maintain information about your documents, referred to as “metadata,” such as: author’s name, document creation date, date of it last access, etc.” Scheduling appointments only takes a few second unlike paper a document which takes longer, where getting the appointment sheet and see if the doctor will be in or not. Documenting information that need to be looked up and referenced constantly will not happen when using electronically. Electronic document brought helpful tools to overcome the difficulty’s: “Electronic discovery software; allows users to evaluate and manage electronic documents • Automated litigation support software; allows users to organize, search, and retrieve e-mail with attachments • Open, view, print and convert various files types • Review, acquire and analyze digital information...
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...DIVINE WORD COLLEGE OF LEGAZPI S.Y. 2013 – 2014 VINEGAR BATTERY RESEARCH DIVINE WORD COLLEGE OF LEGAZPI IN PARTIAL FULLFILMENT FOR THE REQUIREMENTS FOR RESEARCH (Application of Chemistry to Chemical Industry) THE RESEARCHER : PATRICIA GIAN A. NATO MARCH 2014 APPROVAL SHEET In partial fulfillment for the requirements for Research Work, this research entitled VINEGAR BATTERY has been prepared and submitted by Patricia Gian A. Nato who herby recommended for acceptance and approval for examination. MR. GEROMEL MARCOJOS SCIENCE MENTOR INTRODUCTION We say that Vinegar is useless because it is just used in the kitchen but Vinegar can be made from almost anything which contains sugar or starch. It is made from many different things; fruits, grains, roots even wood. In the technique called FERMENTATION, it can be made directly from sugar but is best made by first converting the sugar into alcohol and then turning the alcohol into vinegar. The conversion from starch is a little trickier, but the process shares a lot of similarities. We all know that the world is now facing an energy crisis and everyone is trying to do something about that. Now you can show everyone that electrical energy or electricity can be made from air and vinegar. After all, vinegar are freely available everywhere. If you wanted to save money from paying large amount of bill , this product will assure you That even a small amount of vinegar will not be...
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...We have observed the night sky since the birth of humans. The curiosity of what is beyond the infinite sky grew until space exploration was brought to mind. The amazement of space distracts us from the issues of cost. To pay for space exploration every citizen must be taxed but with the money we are able to observe the beauty of earth from a different perspective. The power of earth’s beauty can help us comprehend that we should treat our earth with care. We do not realize that although space differs from earth it still contains the mysteries and varieties of illnesses. Before developing an opinion towards space exploration governments should consider the costs, a positive change to earth, and contamination of illnesses. Money defines the type of life a person lives. Whether they live with ease or with the discomfort from lacking money humans value the importance of a dollar. They budget their money to the point where each taxed dollar causes them annoyance. As Source C describes, each tax dollar must be split for various programs. Each program is in need of a vast amount of money but each citizen is also in need of money. With the issue of an unstable economy, families struggle to live day in and day out. At times, the issue of money causes avoidance to the health of earth. Earth has not been appreciated as it should be. We live for the benefits for ourselves without thinking of the harm it does to the world we live in. According to Source G, we create problems that affect...
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...Issues and Discovery Requests April 13, 2016 Introduction I going to research the FRCP (Federal Rules for Civil Procedures) and e-discovery as they pertain to email. I will also describe the rules governing the situation. I will also discuss how the rules specifically do or do not apply to the situation and make a recommendation of how the company should respond to the discovery request. I will then wrap it up with an overview of the IT field in the state of Virginia. IT position, companies, summary of jobs, education requirements and pay salaries. Rules governing the situation FRCP governs the collection of electronic stored documents, including email as evidence in a civil suits. All business needs to retain a data retention policy for relevant emails, electronically stored information (ESI), network logs and other virtually stored documents (Intradyn, 2016). The e-discovery amendments for FRCP cover five related areas (Gates, 2016). A. Definition of discoverable material – to acknowledge that electronically stored information is discoverable, this is meant to include any type of information that can be stored electronically (Gates, 2016). B. Early attention to issues relating to electronic discovery, including the format of production - it means that parties to address electronically stored information early in the discovery process, recognizing that such early attention is crucial in order to control the scope and expense of electronic discovery, and avoid...
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...Memo of law Question/Issue Presented What evidence can be found during a legal discovery and how does this affect the record-keeping policy of a business organization? Applicable Law and Ethical Standards Newby v. Enron Corp. , 2002 U.S. Dist. LEXIS 28397 (S.D. Tex. May 1, 2002) Newby v. Enron Corp. (In re Enron Cor... , 2003 U.S. Dist. LEXIS 1668, Fed. Sec. L. Rep. (CCH) P92404 (S.D. Tex. Jan. 28, 2003) United States v. Arthur Andersen LLP , 2002 U.S. Dist. LEXIS 26870 (S.D. Tex. May 24, 2002) 18 USCS § 1512 Discussion/Analysis (of Law and Facts) During a legal discovery which includes the procedures of Deposition, Interrogatories and Production of Documents there can be different evidence found depending on the area of work the business organization is involved in. An example could be that a company tried to create false documents with the intent to seem like a good investment or to avoid paying taxes. During a deposition evidence can be found that people questioned tell conflicting stories. It is crucial to be able to deliver the right documents requested during a discovery. Therefore, it is important to have an organized record-keeping policy for any organization. Furthermore, a business should keep its records as correct as possible and not be tempted to give in to fraud, changing documents or destroying important documents. A company should follow the law to keep the required documents. It would be a crime to hide, destroy and/or withhold subpoenaed...
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