...Mroz 2 July 2009 Decide if Double Jeopardy, and Collateral Estoppel, applies in any of the four situations and explain why or why not. Double jeopardy is defined as “a provision of the Fifth Amendment of the United States Constitution that has been construed to prohibit an individual from being tried twice for the same crime prosecuted by the same sovereign jurisdiction unless the defendant waives the constitutional protection by appealing a conviction or otherwise” (Town, 2004, p. 584). Collateral Estoppel is defined as “where a fact necessary to the prosecution of a second but different case against the defendant has been clearly found in the defendant’s favor at the first trial, the defendant cannot be forced to relitigate the same fact a second time at a second trial involving the same sovereign” (Town, 2004, p. 583). 1) Where defendant fled by vehicle from California into Arizona, and both states tried defendant for drunk driving. “Double Jeopardy applies in this situation. The defendant is being charged with the same crime twice” (Hendricks, 2009). “This would be Double Jeopardy because he has been charged with the same crime twice” (Munoz, 2009). “The defendant broke the law in to different states so I don’t think that is would be a double jeopardy crime laws are different in different states the defendants alcohol levels could have been different so that defendant can be charged with a higher crime” (Mroz, 2009). “Double jeopardy cannot be claimed in this...
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...DOUBLE JEOPARDY A review of the Law Lovetta Smith CJUS 220 Professor Jeff Sexton October 13, 2013 INTRODUCTION This essay will provide detailed information on the Fifth Amendment which is very important in the United States. It will explain and give understanding of the importance of the Double Jeopardy Amendment and how it is used in the system of Law. Also it will discuss case in which involved the Fifth Amendment and how it was used to protect the citizens of several cases and how the people were protected with the Fifth Amendment rule inside the system of law. Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same charges following a legitimate acquittal or conviction. In most countries with the common law rule most criminals are allowed to enter a plea of not guilty or autrefois acquit, which is a French law meaning a person has been found not guilty of the same charge in a previous trial with the same evidence and cannot be retried for the same crime regardless of what new evidence that has surfaced. Double Jeopardy is a procedural defense that protects a person from being tried again for the same crime. Double Jeopardy is the oldest legal concept of western civilizations. Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual...
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...determination Section 90(2) of the IT Act Section 206AA of IT Act Issuance of Form 15CA / 15CB process Revised guidelines of NSDL (major differences) • • • • • • Why DTAA and What is DTAA? Principles and Purpose of DTAA Nature and Types of DTAA How do treaties remove Double taxation Structure of a typical DTAA and major Models Conventions used in world Applicability of DTAA Interpretation techniques of DTAA How to determine which DTAA is applicable and how to apply that DTAA Some important concepts used in DTAA Some important points to remember 3 Problems faced while uploading • Form 15CA • • • CA Dayavanti Khilolani 28th January 2012 CA Dayavanti Khilolani 28th January 2012 4 Tax Payer resident of State A Operating in State A State B State C Each state having its own tax system and rights over taxpayer Double taxation of Income in the hands of taxpayer Economic Double taxation Juridical Double Taxation Same Income taxed in two states in the same period in the hands of different taxpayer Same Income taxed in two states in the same period in the hands of same taxpayer Elimination of Double Taxation Via Double Taxation Avoidance Agreements CA Dayavanti Khilolani 28th January 2012 5 CA Dayavanti Khilolani 28th January 2012 6 CA Dayavanti Khilolani 28th January 2012 7 CA Dayavanti Khilolani ...
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...Double Entry “[Accounting] now has the potential to make or break the planet” (White p. 8). That is the tone the Jane Gleeson-White used to set the mood of the book. You had warned me that she would be “preachy” in the end of the book, but I didn’t know how preachy. I will cover that in the end of this paper. White explores the origins of double entry in a rather interesting way. She makes you feel that accounting is the most important subject that man has ever created and we owe everything we enjoy to all accountants. She does an excellent job explaining the history and pioneering work of Luca Pacioli. In total the book was very interesting and left me feeling like I had chosen a major that will change the world. White starts the book off with explaining the history of accounting and how we owe any human achievement to accounting. “It now appears that writing, one of the greatest human accomplishments, was invented by accountants” (White p. 11). The early Athenian civilization is known for the world’s first democracy. White states that accounting “and freedom of financial information were considered essential for running the world’s first democracy” (White p. 15). Within the first 20 pages she has basically made the argument that accounting is the reason we have the constitution and democracy. I do agree that there is some basis for her argument, but she does give an extensive history and progression of the accounting system. She shows how Italy became the birthplace for...
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...While lesser-known than its higher register relatives, the double bass is a member of the string orchestra. Towering at 75 inches, a full-size double bass is capable of producing a dark, heavy and weighted tone. Its sound capability along with its sheer size beg the question—how did the bass get to its current status? Through what trial and error did it develop its tone and shape? By examining the correct nomenclature, the role of the bass in early baroque orchestras, two inventions that radicalized bass playing, attempts at varying the number of strings, and its role in jazz, it is clear that the bass has filled a critical role in the string orchestra. Classifying the double bass as a part of the violin or viola families has been tricky....
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...To: Dr. Moffitt From: Daniel Arnold Date: 3/5/15 Re: Individual Project – “The History of Double-Entry Bookkeeping” Accounting has played an important role in the evolution of civilization, even before the modern concept of ‘accounting’, as understood by modern man, existed. Man’s drive to measure and record his surroundings required more and more complex means in order to do so (Gleeson-White 11). This drive to more complex recording techniques led to writing, a numeric system, the spread of arithmetic, and created a standard system in an effort to ease international trade. The scope of this paper will focus on the realization of double-entry bookkeeping, a major branch of accounting. Double-entry bookkeeping (DEB) is defined as an accounting system that recognizes both sides of a transaction using equal amounts of debits and credits. Unlike a single-entry system, it tells the whole story of a transaction (Gleeson-White 11). In order to understand how DEB came into existence, one must reflect on history. As stated earlier, man’s natural drive to measure and record events around him led to arguably one of the biggest single leaps in human civilization - writing. Professor Denise Schmandt-Besserat discovered this link between writing and accounting in 1969. Schmandt-Besserat asserts this about her discovery: “the origin of writing is no longer a mystery…contrary to all expectations [no one would have] guessed that writing derived from counting” (Gleeson-White...
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...Over the last 500 years, the double-entry system of accounting has provided the accounting profession with a reliable and accurate way of tracking the economic events of companies. However, with the implementation of computer-based accounting systems over the last few decades, event based accounting has gained popularity. The theory behind event based accounting is that each business transaction can be broken down into one, or a combination of three types of events: economic, business, and information. An economic event is one in which the quantity of resources change, such as selling an item or purchasing a service. Events like receiving an invoice from a supplier, or sending out a purchase order to a vendor are examples of business events. They are necessary to the company even though they are not the monetary or physical transactions for goods or services. Tasks like creating reports and inputting new customers are considered information events. Information events provide the necessary data for the economic or business events that transpire. The double-entry system of accounting focuses on taking those separate events and aggregating them into journal entries. By aggregating them, a great deal of the total information of the event is left out. Under an event based accounting system each event is recorded with as much of the information as possible, and then stored in tables of data that allow the user to recall and compile this information into usable reports. This...
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...doubled in the first 6 months does not mean that someone gets a bonus or is put on probation. There is not enough information given in this question to warrant such action. This type of action is jumping to conclusions and assuming without the evidence to substantiate such an action. What would warrant such action of probation would be if this has happened before, and the correct training has been provided, inefficiencies have been documented, and the employee(s) have been counseled verbally and written counsel has been documented. What this does mean is that there is a challenging issue and the root cause of this issue needs to be found. An investigation is in order to figure out and understand what is causing the accounts receivable to double. This also raises the question as to why it has taken six months to figure out that there is an issue. Since accounts receivable is made up of what monies are owed to the organization from such examples like the patients copayments or payments for service, insurance companies or third party payers, part of the investigation should include what is outstanding or what kind of credit has been given to raise the amount of outstanding days for the accounts receivable. Also before the investigation is closed and hopefully the root cause of this issue is found, policies and procedures may need to be revisited since it is evident that what is in place is either not working or not being...
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...accounting and its use within a business organization. As I’ve stated in a few of my posts during the week, before this course I was clueless to the world of accounting. I’ve had my assumptions, all of which are being proven to be wrong. My first assumption is that accountants were all nerds and that it was boring. Which either means I’m a nerd or this is actually an interesting and informative class; I believe it’s the latter. The required readings for the week were chapters one and three, which help lay the groundwork for the rest of the class. I scoured the Internet and found that accounting is everywhere and has been for quite some time. For hundreds of years accounting has been around and used daily. The Venetians started using the double booking method in the 15th century. They used it with the ships and merchants in their harbors in order to keep track of all that was going on. Like I stated in my post, I like history. When I understand the history of something and how it got started, I tend to comprehend the class work more. I also used YouTube, which again has proven its’ value. The accounting videos were slightly on the dry side, but I stuck it out. I also tend to learn more from a video than I do in a text. I find it to be more interactive thus keeping my attention for longer spans. Thank you for reading and I hope you enjoyed this as much as I...
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...Executive Summary OuterBay is a company that has developed a strong brand name in the Information Technology industry by offering robust platforms and high quality services. The basic purpose of the company is to provide the customers with one stop solution for all the data and other integral information. In spite of being a competitive and successful company, however, the sales decreased and the company has been unable to recruit talented and qualified individuals. Therefore, in order to overcome this issue, the company is considering improving the training process at the company, where the management is considering hiring experienced individuals. Along with this, the company is also considering developing a sales team that can achieve the long term strategic objectives by actually capitalizing the strong customer base of the company. Problem Statement The major problem that has been identified in the case is the fact that the company has been unable to recover the excessive cost which has been incurred because of lack of sales by the sales team which has increased the typical sales cycle. To overcome the issue, the company is finding a solution where sales can be increased for the company. Critical Success Factors and Key Performance Indicators The major critical success factors of OuterBay has been its differentiated product offerings, strong customer reference, regulatory compliance, financial stability, concept strategy and the access to diverse data. Along with this...
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...enjoy is coupons that are fifty cents or lower are doubled every day. It is interesting that it is more important for Kroger to save money by eliminating this courtesy to the customers. Publix also accepts Kroger coupons; whereas, Kroger does not accept Publix coupons. Kroger intends on lowering the prices on items in the store versus doubling coupons. This policy could be viewed as positive or negative. If lowering prices is reducing prices by five or ten cents, customers may be highly upset and begin to shop elsewhere. The change of policy for Publix has positive intent, but Kroger’s policy can be viewed negative or positive based on the customer’s beliefs. References: Prosser, F. (2013). Kroger coupon policy change: say goodbye to double coupons in NC. Retrieved July 13, 2013 from: http://www.wral.com/kroger-coupon-policy-change-will-be-announced-on-saturday/12383523/ SunSentinel. (2011). List of Competitor coupons accepted at Publix on Monday. Retrieved...
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...Training is required in the life of the general population of God. Genuine instruction implies more than an arrangement forever that is currently. It needs to with the entire being and with the entire time of presence conceivable to man. It is the concordant improvement of the physical, mental, and otherworldly powers. The world has numerous extraordinary instructor however God stands higher than them which is the genuine source of information. The sacred writings are impeccable standard of truth and ought to be given the most elevated spot in instruction. He who longing to achieve God's optimal will exhibits training as high as the paradise and as expansive as the universe, an instruction that can't be finished in this life however will proceed for the life to come. In Eden, actually coordinated the training of His youngsters. Frequently they were gone by His delegates, the blessed holy messengers, and from them got insight and direction. The Greenhouse of Eden was a representation of what God craved the entire earth to end up, and it was His motivation that, as the human family expanded in numbers, they ought to build up different homes and schools like the one He had given. The book likewise discussed how the human's first folks fell into sin by their energy of decision – the ability to yield or to withhold compliance. There was a tree of learning of good and malevolence. While God was looking for man's great, satan was looking for his ruin. Whenever Eve, dismissing the Ruler...
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...outside of Hong Kong and Unicon will lose its competitive advantage. The problem is not how to convince the HKHA to buy precast products, the problem is how does Unicon meet the huge demand and still remain competitive. The solution is expansion, and this is how I plan to do it. • Add a second shift to the current day shift, doubling our current capacity • Move to a lean manufacturing process and away from our current batch processing method. An analysis of the times involved for each step should be completed in order to determine the full impact, but estimate production of slabs and facades could double capacity further. • Re-allocate plant space to solely produce slabs and facades and subcontract the manufacture of stairs and partition walls to an outside supplier. This doubles capacity as well, and finally • Build an additional 5000 square meter plant expansion, in order to double capacity again. Plant will be up to full capacity by August 1998. With these changes capacity will go from seven blocks to fifty-six block capacity at a minimum, and with experience and continuous improvement, Unicon will remain HKHA’s main supplier of slabs and facades for...
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...Unit 3-1 HW 1. public static String decimalToHex(int decimal) { String hex = “ “; while (decimal != 0) { int hexValue = decimal % 16; hex = toHexChar(hexValue) + hex; decimal = decimal / 16; } return hex; } 2. The Math.random creates a random number with the double data type. 3. public static void main(String[] args) { System.out.println(max(1,2)); } public static double max(int num1, double num2) { if (num1 > num2) return num1; else return num2; } public static double max(double num1, int num2) { if (num1 > num2) return num1; else return num2; } 4. It is a way of writing code; you either start at the top and work your way down or begin at the outcome and work in reverse. 5. Simpler program, reusing methods, better facilitating teamwork, easier developing, debugging, and testing. 6. Method Variable 7. for (int i = 0; i >= 0; i--) { JOptionPane.showMessageDialog(null, i); } 8. Array is fixed while ArrayList can change its size to what is needed. 9. package com.java2novice.algos; public class MyInsertionSort { public static void main(String[] args) { int[] input = { 4, 2, 9, 6, 23, 12, 34, 0, 1 }; insertionSort(input); } private static void printNumbers(int[] input) { for (int i = 0; i < input.length; i++) { System.out.print(input[i] + ", "); } System.out.println("\n"); } public static void insertionSort(int array[]) { int n = array.length; for (int j = 1; j <...
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...1. C.K. Prahalad and Kenneth Lieberthal (2003) The End of Corporate Imperialism [Internet] Available from: http://hbr.org/2003/08/the-end-of-corporate-imperialism/ar/1 [Accessed 13th April 2013] 2. Huanqiu.com (2013) 苹果在多国遭受处罚 “企业帝国主义”心态遭批 (Apple is punished in many countries “Corporate Imperialism” is criticized ) [Internet] Available from: http://finance.huanqiu.com/industry/2013-04/3784134.html [Accessed 13th April 2013] 3. Lei Yi (2012) “Double Standard” or Common Sense? [Internet] Available from: http://www.eeo.com.cn/ens/2012/1126/236584.shtml [Accessed 13th April 2013] 4. The Economic Observer (2012) Nike Fined 4.87 Million Yuan for Double Standards [Internet] Available from: http://www.eeo.com.cn/ens/2012/1025/235094.shtml [Accessed 13th April 2013] 5. Klag. E (2013) Pfizer’s Illegal Testing on Nigerian Children Scandal (1996) [Internet] Available from: http://businessethicscases.blogspot.fr/2013/02/nigeria-pfizer-scandal-1996.html [Accessed 13th April 2013] 6. Humphries. M (2012) Apple increases product warranty to 2 years across Europe [Internet] Available from: http://www.geek.com/apple/apple-increases-product-warranty-to-2-years-across-europe-1479847/ [Accessed 13th April 2013] 7. Haslam. K (2012) EU law forces Apple to highlight two-year warranty [Internet] Available from: http://www.macworld.co.uk/mac/news/?newsid=3348755 [Accessed 13th April 2013] 8. People’s Daily (2000) Toshiba No-compensation...
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