...NOTE: Stacy Sullivan Download Request: Current Document: 1 Time Of Request: Saturday, May 24, 2014 19:09:31 EST Send To: NEXIS, 146BTS DEVRY UNIVERSITY 3005 HIGHLAND PKWY DOWNERS GROVE, IL 60515-5799 Source: OH Courts of Appeals Cases from 1913 Project ID: FOCUS - 1 of 1 DOCUMENT REBECCA KOOP, Plaintiff-Appellant, - vs - SPEEDWAY SUPERAMERICA, LLC, et al., Defendants-Appellees. CASE NO. CA2008-09-110 COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, WARREN COUNTY 2009-Ohio-1734; 2009 Ohio App. LEXIS 1469 April 13, 2009, Decided PRIOR HISTORY: [**1] CIVIL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS. Case No. 07CV69537. CASE SUMMARY: PROCEDURAL POSTURE: Appellant personal injury victim filed suit against appellee store alleging that it was negligent in its cleaning of a coffee spill, upon which she slipped and fell. The store filed a motion for summary judgment. The Warren County Court of Common Pleas (Ohio) granted summary judgment for the store. The victim appealed. OVERVIEW: The victim argued that the trial court erred by failing to consider the incident report and corresponding witness statements. The appellate court held that the trial court did not err by disregarding the document due to its lack of authenticity. There was no indication that the document, purported to be an employee witness statement, was sworn or certified, nor was there any evidence presented to establish its authenticity...
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...ASSESSMENT NAME: MEMORANDUM OF ADVICE STUDENT ID: xxxxxxx WORD COUNT: 2745 MEMORANDUM OF ADVICE TO: Ms Mary Elizabeth Braddon FROM: xxxxxxxxxxxxxxxx RE: Mr Kevin Hock- Unlawful Discrimination Based on Political Conviction DATE: 26 April 2015 I QUESTION PRESENTED Are the events as described by Mr Kevin Hock adequate grounds to pursue civil action against The Canberra Cycling Club under the Discrimination Act (ACT)? II SHORT ANSWER Under section 22 of the Discrimination Act (ACT), it could be circumstantially demonstrated that The Canberra Cycling Club committed an unlawful act of discrimination based on the political conviction of Mr Hock. However, there are limitations as to what action Mr Hock could pursue as detailed in the Discrimination Act (ACT) sections 71 and 72. In order for Mr Hock to be awarded damages, a judgement from the Tribunal would be required that the action was unlawful discrimination based on political conviction that is substantiated by the evidence presented. It would further have to be demonstrated that Mr Hock had been treated in a manner that was inconsistent with a manner in which other members of the club based on his political conviction. This is a point which cannot be adequately demonstrated on the balance of probabilities by the statement of facts provided. III STATEMENT OF RELEVANT FACTS The statement of relevant facts relating to Mr Hock’s claim of discrimination are: * Mr Hock has been an active member of the Canberra Cycling...
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...Contents 1.HISTORICAL AND POLITICAL ACCOUNT OF EU-MOLDOVA RELATIONS 2 1.1.Political situation in Moldova. 2 1.2. Establishement of EU-Moldova relations. 3 2. EC-MOLDOVA PARTERSHIP AND COOPERATION AGREEMENT 6 3. THE TRANSNISTRIAN ISSUE AS A SECURITY THREAT FOR THE EUROPEAN UNION 9 4.THE FUTURE OF EU-MOLDOVA RELATIONS 12 REFERENCES: 18 ‘’You are well aware that the values on which the EU is built-freedom,democracy,respect for human rights and fundamental freedom,and the rule of law-lie precisely at the heart o the political association and economic integration process which the Eastern Partership offers and which we are pursuing with Moldova.(…) We want to create a new reality where all the citizens of Moldova, without exclusion, can enjoy all the benefits of a modern and effective political and economic system, respectful of their fundamental right’’. President Barroso. 1.HISTORICAL AND POLITICAL ACCOUNT OF EU-MOLDOVA RELATIONS 1.1.Political situation in Moldova. 1.The independence of the Republic of Moldova, which was declared in 1991, raised a great number of crucial questions for the future of the new country- problems that had to be solved without delay. One of them was them was the orientation of its foreign policy and external allies. Moldova is literally situated on the border between East and West the countries that have chosen a ‘Euro-Asian’...
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...MEMORANDUM TO: FROM: RE: Keith Roberts case- PTSD and Fraudulent Disability Claims DATE: Question Presented Is eyewitness testimony able to provide evidence beyond a reasonable doubt of intent to defraud the Government through a diagnosis of Post Traumatic Stress Disorder (PTSD) even though essentially it is one mans word against another’s? Short Answer Yes. Evidence from the accident report of the incident in question and interviews with the people recorded to be present in the accident report show that the defendant made false claims to receive compensation benefits. Statement of Facts In February 1994, Mr. Keith Roberts filed his first request for compensation benefits resultant of a diagnosis of Post Traumatic Stress Disorder (PTSD), which stemmed from an incident that occurred while he served on active duty status. In order to qualify for compensation benefits as a disabled veteran three things must be provided and they are listed as follows: 1. Official Diagnosis of PTSD 2. Credible evidence that sufficiently traumatic event occurred during active military service (in service stressor) 3. Evidence that the in service stressor caused the PTSD. See 38 C.F.R § 3.304(f). Mr. Roberts failed to provide all three documents in a timely manner, so the VA denied his claim. He failed to submit evidence of being diagnosed with PTSD and also to identify his in service stressor. In December 1994 he resubmitted the claim with a detailed...
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...IN THE SUPREME COURT OF UNZA CRIMINAL APPEAL NO. 16 of 2012 HOLDEN AT THE MAIN CAMPUS AT LUSAKA IN THE MATTER BETWEEN: KABWE NDUNDU APPELLANT AND THE PEOPLE RESPONDENT ------------------------------------------------- BRIEF FOR THE RESPONDENTS ------------------------------------------------- Filed by: SINKALU STEVE M. M ESQ SIANSUMO MODRINE ESQ DPP Chambers LUSAKA. ADVOCATES FOR THE RESPONDENT TO: SAKALA TISANGECHI ESQ SALAMU BWALYA M ESQ Legal Aid LUSAKA. ADVOCATES FOR THE APPELLANT IN THE SUPREME COURT OF UNZA CRIMINAL APPEAL NO. 16 of 2012 HOLDEN AT THE MAIN CAMPUS AT LUSAKA IN THE MATTER BETWEEN: KABWE NDUNDU APPELLANT AND THE PEOPLE RESPONDENT ------------------------------------------------- ------------------------------------------------- INDEX Page 2…………………………………………………….Index Page 3……………………………………………………. Memorandum of Response Page 4……………………………………………………. Record of Proceedings in the Court Below Page 6……………………………………………………..Heads of Arguments Page 14…………………………………………………….List of Authorities IN THE SUPREME COURT OF UNZA CRIMINAL APPEAL NO. 16 of 2012 HOLDEN AT THE MAIN CAMPUS IN THE MATTER BETWEEN: KABWE NDUNDU APPELLANT AND THE PEOPLE...
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...FORM 128. APPELLANT’S FORMAL BRIEF AND ADDENDUM (Cover) Case No. 0:15-jcv-0103532-RHR STATE OF MINNESOTA IN COURT OF APPEALS ABC INTERNATIONAL Respondent, vs. Petitioner. Respondent BRIEF AND ADDENDUM Attorney for Respondent By (address, zip code, telephone number, and Attorney for Petitioner attorney registration license number). (address, zip code, telephone number, . and attorney registration license number) * * * * * * TABLE OF CONTENTS Page Table Authorities Legal Issues Statement of Facts Argument 1. (Concise statement of each legal argument advanced) 2. 3. Conclusion ADDENDUM AND ITS INDEX Order Denying Motion for New Trial and Memorandum [SEE RCAP 130.02] * * * * * * TABLE OF AUTHORITIES Statutes: The request for Production No. 4 should be denied based solely on F.R.C.P. 26(b)(3). Minn. Stat. § 518.58 (2012) Cases (list applicable authorities and page where argument found) Lafate v. Vanguard Group, Inc., 2014 U.S. Dist., see e.g.; Safco Prods. Co. v. WelCom Prods., 730 F. Supp. 2d 959, 11(D. Minn., 2010). Pg. 5 Burns v. Hy-Vee, Inc., 2002 U.S. Dist. Lexis 23662 (D. Minn., November 21, 2002, Decided). Pg. 6 Taylor v. Southwestern Bell Telephone...
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...WEEK 3 RESEARCH PROJECT (Set #1) ACCT 429 DeVry University IMPORTANT NOTE TO STUDENTS This assignment is being distributed solely for your use in completing the Week 3 project in DeVry University’s online Accounting 429 class. This assignment is an individual assignment, and you are to complete it without any outside assistance by any other student, individual, or outside materials, other than those specifically permitted by the problem. Any violations of these requirements will be addressed as an academic integrity violation. Similarly, this assignment may not be shared with any other student at any time, even after your completion of the course. Students to do so may be subject to sanctions pursuant to DeVry’s academic integrity policy, even though they may no longer be enrolled in Accounting 429. Week 3 Research Project (Set #1) DeVry University Acct 429 Performing tax research is an important part of tax practice. As outlined in Chapter 2 of your textbook, tax law is developed through a number of different governmental entities. Congress enacts the tax Code as statutory law. The Treasury Department is tasked with the implementation of the tax Code and, in the course of doing so, develops a number of documents and materials to aid taxpayers in understanding the Treasury Department's interpretation of the code, including the Regulations. In turn, the Internal Revenue Service ("IRS”) has the direct responsibility for implementing the tax Code and in assessing and collecting...
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...SWUPLMUN 2013 – GA Position Paper Summary Committee: GA Topic: Development in the field of information and telecommunication in the context of information security Dear delegates, After reading your position papers, we made a summary as follows. Please read it and may it help you. Country Name Argentina Basic Position Argentina is focusing on cracking down the ill-using of ICTs. Past Actions Reached a ‘Tunisia commitment’ with many countries to make the commitment in advancing the development of information technology and accelerate the national exchange. Proposed Solutions (1) Introduce a law named" Information security law "to promote the protection of the domestic information security. (2) Call upon national institutions and social organizations to corporate to promote the maintenance of information security. (3) Call for regional organization to implement technology exchange. (1) Normalize laws and standards on cyber perpetration and ICT intelligence use and supply. (2) Promote a comprehensive collaboration framework based on critical regional cyber security organizations. (3) Elaborate common terms and definitions and exchange national views on the use of ICTs in conflict for the sake of confidence-building. Australia Australian government calls for international collaboration to cope with information perpetration and to establish constricting norms on the state use of ICT, relieving international instability and enhancing the freedom of information. Communication...
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...Foss v. Harbottle 1 Principles and Applications and Exceptions to the Principles INTRODUCTION Basically, both under the general law and under the Companies Acts there are some protections of minority. Example of minority protection is the doctrine under the general law that the majority of the members must not commit a fraud on minority but must act bona fide for the benefit of the company as a whole. Here, the topic that I am about to touch is the rule of Foss v. Harbottle in which there are some exceptions to this particular rule protect the minority. As for the beginning, Foss v. Harbottle was originally a case reported in 1843. The Victoria Park Company was established for the purpose of ‘laying out and maintaining an Ornamental Park within the Township of Rusholme, Charlton-upon Medlock and Moss Side, in the country of Lancaster’. The capital of the company was to be $500,000, divided into 5,000 shares of $100 each. It was to be controlled by five shareholders. The first directors were Thomas Harbottle, Joseph Adshead, Henry Byrom, John Westhead and Richard Bealey. It was provided that three directors should constitute a board and that the acts of three or more should be as effectual as if done by the five. To sum up the feature of the case, two shareholders in the company, Richard Foss and Edward Turton, brought an action against the company’s directors, on behalf of themselves and the other shareholders except the defendants. The defendants were the five directors, a shareholder...
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...Memorandum To: Dr. Bruce Bellner From: Joel Meyer, Daniel Orlando, Raymond Osterhage Date: February 5th, 2015 Re: Apple Case Analysis How attractive is the PC industry? Conduct an industry analysis on the PC industry (A) in its early stages, and (B) in its later stages. Comment on how the industry has evolved. The PC industry has been declining over the years. In the 1980s and 1990s, it was the only option for people who wanted a computing device. As Apple moved into the market and started designing new devices, along with innovation from other companies, the PC industry has shrunk. Early on, the PC industry could be viewed pretty heavily as an oligopoly. There were several main companies that dominated the market, including Dell, Hewlett-Packard, and Microsoft. Not much has changed over the years in the industry, though. While there are new companies in the market, it is still very heavily dominated by several big companies. The case even mentions that Hewlett-Packard, Dell, Lenovo, and Acer accounted for over 50% of worldwide PC shipments in 2011. In order to conduct an industry analysis on the PC industry both at the beginning, and in the later stages, Porter’s Five Forces and the PESTEL framework can be used. Porter’s Five Forces that can be used to analyze the industry are barriers to entry, supplier power, customer power, threat of substitutes, and rivalry. For the early years of the PC industry, the barriers were relatively high. There were only a few brands that...
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...Compare and Contrast an Agency Protest to a General Accounting Office (GAO) protest" Abstract Bid protests enhance the integrity and transparency of the federal procurement process by providing offers with an effective tool to challenge federal contract awards and thereby determine whether they conform to federal procurement law and regulation (1). Therefore, when a protest is brought, successful offers must be prepared to intervene in the protest to defend their contract award. A protester is typically a third party aggrieved by the actions of a government agency which result in a contract going to an awardee viewed by the protester as non-deserving. The law permits protests to be resolved through formal as well as informal procedures. The three protests are the procuring agency, the GAO, and the COFC, which all differ considerably as to their rules, procedures, scope of review, and available relief, and being well versed on each forum’s unique aspects can be essential to a successful outcome. Created by the Budget and Accounting Act of 1921, the GAO became the first external forum for federal bid protests. The GAO was established as an independent governmental agency under the control and direction of the Comptroller General for the United States. Even though the statutes giving GAO jurisdiction to hear bid protests were not enacted until the mid-1980s, the GAO has been hearing bid protests since the 1920s. So what exactly is a bid protest...
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...provincial objects Ordinance to override memorandum, articles, etc. 7. 8. 9. 10. PART II-JURISDICTION OF COURTS Jurisdiction of the Courts Constitution of Company Benches Procedure of the Court Appeals against Court orders 1. 2. 3. 4. 5. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 1 1 2 9 9 10 10 11 11 11 12 PART III-SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN Deleted Powers and functions of the Commission 13 Reference by the Federal Government or Commission to the Court 13 PART IV-INCORPORATION OF COMPANIES AND MATTERS INCIDENTAL THERETO Obligation to register certain associations, partnerships, etc. as companies. MEMORANDUM OF ASSOCIATION Mode of forming a company Memorandum of company limited by shares Memorandum of company limited by guarantee Memorandum of unlimited company Printing, signature, etc., of memorandum Restriction on alteration of memorandum Alteration of memorandum 18 Powers of Commission when confirming alteration 14 14 15 16 17 17 18 19 Companies Ordinance, 1984 ii 23. 24. 25. Exercise of discretion by Commission Procedure on confirmation of the alteration Effect of failure to register within ninety days 20 20 20 26. 27. 28. ARTICLES OF ASSOCIATION Registration of articles Printing, signature, etc. of articles Alteration of articles 21 21 22 29. FORMS OF MEMORANDUM AND ARTICLES Forms of memorandum and articles 22 GENERAL...
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...[pic] Business Law Assignment Legal and Regulatory Aspects of Buying and Selling of Immovable property CONTENTS Overview…………………………………………………………….4 Introduction………………………………………………………...4 Immovable Property………………………………………………..7 Various Laws Related To Immovable Property……………………8 Acquisition and Transfer Of Immovable Property In India……….12 Transfer Property Act – 1882……………………………………...15 Transfer Property Act – 1882(Amendment- 2002)………………..16 Buying and Selling procedure……………………………………..23 Sale and Purchase • Tips For Selling Property…………………………………...26 • Tips While Buying Property………………………………..27 Legal Documents…………………………………………………...30 India's Land Disputes • Whistling Woods International……………………….36 • Case against builder Hiranandani…………………………….37 • POSCO Case………………………………………………….39 Case Study: Singur Tata Land Controversy………………………....42 Recent News…………………………………………………………47 Bibliography…………………………………………………………50 Overview This project talks about the Legal and Regulatory Aspects of Buying and Selling of Immovable property. Immovable Property can be described as land, benefits arising out of land and things attached to the earth, or permanently fastened to anything attached to the earth. There are a number of acts which adhere to the issues relating to immovable property, but the main acts is Transfer...
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...THE DOCTRINE OF PIERCING THE CORPORATE VEIL: ITS LEGAL AND JUDICIAL RECOGNITION IN ETHIOPIA Endalew Lijalem Enyew ♣ Abstract: Upon acquisition of legal personality a company enjoys certain attributes such as limited liability. While the separate legal personality of a company enables it to enjoy rights and assume obligations quite different from its members, the limited liability of shareholders refers to the fact that the company alone is liable for its debts. However, such privilege of limited liability may not always exist when the legal personality of a company is abused and used for illegitimate or unlawful purposes and other reasons. This article examines some of the grounds by which the corporate veil can be pierced under Ethiopian law and the role of courts in recognizing the doctrine. Based on the analysis of the relevant legislative provisions and some court cases, it is found that Ethiopian company law, though not sufficient, provides some clear grounds of piercing the corporate veil and certain possible grounds which may call for the application of the doctrine. It is also argued that Ethiopian courts should apply the doctrine of piercing the corporate veil, through the purposive interpretation of the statutory provisions, if doing so produces equitable results and fairness. Key Words: Company, corporate veil, piercing the veil, Ethiopia DOI http://dx.doi.org/10.4314/mlr.v6i1.3 _____________ Introduction The separate legal personality of a company renders...
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...Reference and Administrative Information Charity Name: Charity registration number: Company registration number: Registered Office Operational address: BOARD OF TRUSTEES Ms Cleo Lake Ms Katy Noakes Ms Judith Davis Mr Michael Thaxter Mr Clive Smith Mr Colin Watson Mr Angus Brown Ms Rebecca Gibbs Ms Mary Slattery St Pauls Afrikan Caribbean Carnival 1136561 06116890 The Coach House, Upper York Street, St Pauls, Bristol, BS2 8QN The Coach House, Upper York Street, St Pauls, Bristol, BS2 8QN Elected 26/9/12 Chair from 6/12/12 Elected 26/9/12 Elected 26/9/12 Re- elected 26/9/12 Elected 12/10/11 Re-elected 12/10/11 Elected 26/9/12 – Retired 9/11/12 Retired 26/9/12 Retired 26/9/12 Trustee Colin Watson retires in rotation in accordance with the Memorandum & Articles of Association. Clive Smith, offers himself for re-election this year. Company Secretary Katy Noakes Staff Steve Hunt – General Manager Abdul Hamid – Finance Freelance Staff Jasmine Loveys – Schools co-ordinator Norma Stephenson (Rubba) – Lead Artist Bankers Unity Trust Bank Independent Examiner Richard Maule FCA, 12 Picton Street, Bristol BS6 5QA Structure, Governance and Management The Trustees must meet at least 12 times a year, as per our governing document. In practice however, they meet 14-15 times a year. The quorum is 3 members....
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