...Running head: RIORDAN RISK ASSESSMENT Riordan Risk Assessment LAW/531 Jack Tandy Riordan Risk Assessment Riordan Manufacturing currently employs 550 people and is a major player in the global plastics supply. The parent company, Riordan Industries is a Fortune 1000 enterprise and has over $1 billion in excess revenue. Riordan Manufacturing is headquartered out of San Jose, California, and supplies plastics to market verticals such as automotive, aircraft, and the government. Riordan Manufacturing prides themselves on the focus of using polymer materials for customer needs and building long-term relationships with each client. Since the start of the organization in 1991, growth has been a definition of Riordan Manufacturing. Growth is a necessity to any organization, but with growth provides risks that should be assessed. The following discussion, will analyze potential areas of risk within Riordan Manufacturing. The potential risks that will be analyzed include contract, tangible and intellectual property risk, employee risk, along with tort and regulatory risk. Each of the identified potential risk areas could inhibit the ability for Riordan Manufacturing to continue growth and potentially include major decrease in business success. In addition to the potential risk areas, compliance is another factor that needs to be ensured. Sarbanes-Oxley has specific requirements that will require Riordan Manufacturing to meet for continued...
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...Toffoloni v. LFP Publishing Group, 572 F.3d 1201 (2009) In today’s society, privacy laws have become of a great concern to the courts. Many legal claims are being filed by the people concerning privacy issues. Privacy laws are among the most difficult issues to handle in today’s mass communication. This issue can be traced back to Louis Brandeis and Samuel Warren, who wrote an article concerning the people’s right to privacy. Nowadays, no one can be too careful when it comes to privacy because any information that reaches the press can be used to their advantage. The press does not have the right to decide whether the information gathered or provided to them is newsworthy or not, this is for the Constitution to decide. An individual should have the right to be protected by the government when the media abuses their power. The people should have the right to do or say whatever they feel at the moment without having to worry about the media. According to Zelezny, “Privacy-related lawsuits against the media have continued to escalate in the new millennium. The media successfully defend against most of these lawsuits. Yet there are enough plaintiff victories to rouse more plaintiffs…” (178). The media constantly monitors the government, but the government does not monitor the media enough. This is the reason why the courts are bombarded constantly with law suits. Government has let the media abuse of its freedom and this is why privacy has become a great issue in society. ...
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...“DAMAGE AS A CONSTITUENT OF TORT LAW” INTRODUCTION The word tort is of French origin and is equivalent of the English word wrong, and the Roman law term delict. It is derived from the Latin word tortum, which means twisted or crooked. It implies conduct that is twisted or crooked. It is commonly used to mean a breach of duty amounting to a civilwrong. Of the various attempts to define tort, Salmond's definition is rather popular. Salmond defines tort as a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation. A tort arises due to a person‟s duty to others in generally which is created by one law or the other. A person who commits a tort is known as a tortfeaser, or a wrongdoer. Where they are more than one, they are called joint tortfeaser. Their wrongdoing is called tortuous act and they are liable to be sued jointly and severally. The principle aim of the Law of tort is compensation of victims or their dependants. Grants of exemplary damages in certain cases will show that deterrence of wrong doers is also another aim of the law of tort. OBJECTIVES OF LAW OF TORTS i. To determine rights between parties to a dispute. ii. To prevent the continuation or repetition of harm e.g. by giving orders of injunction. iii. To protect certain rights recognized by law e.g. a person's reputation or good name. iv. To restore property to its...
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...ABSTRACT This research paper tries to expound the conundrums of Causation and Remoteness and the role played by them in tort law. They are two closely linked topics and are, more often than not, contingent upon each other. Through this paper, I have tried to discern the line of distinction between the two while explaining how and why they have become topics for contention among legal scholars. The focus of this paper has been on understanding the concepts and the importance they hold in the process of identifying a tortfeasor. The various tests which have been used in the past for identifying the cause and the ‘closeness’ of the cause have also been taken up. They have been discussed in detail using various case laws. The limitations of these tests have been explored as well. Under what condition does a cause, which may have been proximate, gets ignored has also been deliberated and discussed. Finally the paper is summed up with a general solution which can help law courts to decide on the matters in question without getting involved in the technicalities which currently persist. CHAPTER 1 INTRODUCTION 1.1 INTRODUCTION In order to understand the role of causation and remoteness in tortious liability it is imperative that we have a clear idea of what the term causation and remoteness imply in tort law. Very simply put - In a tort case, it is essential to discover whether there was some act or omission by the defendant which caused damage to the plaintiff...
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...Methodius" University in Skopje Faculty of Law "Iustinianus Primus"-Skopje Master’s Degree programme in Intellectual Property Law (LL.M.) INTERNET LAW The abuse of the cyberspace - jeopardizing the copyrights Prof. Goce Naumovski, PhD Temelkova Simona 42321 I.I The rise of technology and Internet as a platform for new problems So cyberspace is real. And so are the risks that come with it. - President Barack Obama1 Despite the many and obvious benefits of the modern electronic communications development,it has also brought with it the worrying threat of intentional attacks against information systems and network platforms/infrastructures. As cyberspace gets more and more complex and its components more and more sophisticated, especially due to the fast development and evolution of (broadband) Internet-based platforms, new and unforeseen vulnerabilities may emerge.” And further that “in the hands of persons acting in bad faith, malice, or grave negligence, information society technologies (ISTs) may become tools for activities that endanger or injure, the life, property, or dignity of individuals or even damage the public interest. Technology-enabled crimes are also known as high-tech crime, computer crimes or cyber crime. They include crimes committed directly against computers and computer systems, as well as the use of technology to commit or facilitate the commission of traditional crimes, bringing unique challenges to law enforcement. IT security in ICT, with...
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...Worth Abstract This book contains a different style of viewing not only the legal system through the eyes of an economist, but as some may take from it, different ways to perceive the interactions that are encountered daily in life. If there were only one human in the world, he/she could do as he/she pleased. As soon as there enter two, the questions of whose interests and exertions of those interests and how they interact with those of the others’ can cause results that were not always in the desired outcome of one or even both people. Therefore, how should these said interactions be handled? When is it necessary to bring laws into the dealings of any situation and to what degree? This book take on these questions and gives examples that can be interpreted in different ways to give a different view on how and why we may or may not need laws; while leaving enough room for the reader to make their own judgments. Chapter 4: What’s Wrong With the World Part 2. Nothing works Costs are produced by one person and borne by another. This simple statement is simply stating that costs’ are not made by only one person in any given situation. As in the example of the polluter and the person being affected by the pollution; there were choices on both parties to bear costs of being neighbors. One may believe that the costs are highest for the person that is inhaling the toxic fumes, but why would a person buy property if this was a possibility once there? Others agree with...
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...Analysis of Employment Contract | Business Law | Student Number: XXXXX Dated: December 5, 2013. | Contents 1.ExecutiveSummary……………………………………………………………………………………………….……………………..……4 2.Introduction:………………………………………………………..…………………………………………………………………..……….5 Overview:………………………..………………………………………………….……………...5 Objective:……………...……………….…….………...……………….…………………………….6 Methodology:…………………………………..………….……………………….………………7 3. Description and Explanation of Contract Clauses:……………………..………………………..……………………..…..11 Definations:………………………………………………………....…………………………………………………………………......11 Section1: Superintendent, CEO and Secretary for the Board:…………………….……............................12 Section2: Term of Employment..………………………………………………….….............................................12 Section3: General terms and Conditions of Employment…..…………...……..………….……………….……..12 Section4:PowerandDuties(Responsibilities)…………………..…………………………..…...….………………...……13 Section5:Evaluation……………………………………………………………………..…..............................................18 Section6:Salary…..…………………………………………………………………….…………………………………………...…...19 Section7: Expenses/Allowances 21 Section8: Professional Schedule 23 Section9: Other Benefits 23 Section10: Professional Organizations/Activities...……………………………………………………………………….27 Section11: Waiver of Credential Status………………………………………………………………..……………………….27 Section12:...
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...2 Negligence: The Basic Principles of Duty of Care The arrangement of this and subsequent chapters Negligence is a large and amorphous subject, and all parts of the law on it are interlocking. It is often difficult to understand one part without having studied the whole, and therefore in arranging the material I have decided to set out the basic principles first, leaving the more sophisticated developments until later. Accordingly the next three chapters on duty, standard of care, causation and remoteness of damage aim to explain the basic negligence action, principally in relation to an action for personal injuries or property damage where the concepts are easiest to understand. More difficult duty problems, such as liability for statements or for pure economic loss, will be dealt with later. Duty is but one element in the tort of negligence, for it must be shown that not only was the defendant under a duty towards the claimant to be careful, but also that he failed to achieve the required standard of care and that that failure caused the damage, and finally that the damage was not too remote a consequence of the act. Duty is about relationships, and it must be shown that the particular defendant stood in the required relationship to the claimant such that he came under an obligation to use care towards him. This relationship is sometimes referred to as ‘proximity’. In cases of personal injury or damage to property the necessary relationship is established if the defendant ought...
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...Positive law as the ethic of our time. Business Horizons | September 01, 1990 | Fisher, Bruce D. | Copyright Positive Law as the Ethic of Our Time The number of businesspersons, political leaders, TV ministers, sports personalities, educators, and other role models for American society who in recent years have been fined, imprisoned, left private or public office in disgrace, or been denied Olympic medals starlets many. Others not only are alarmed by the rash of apparently unethical conduct by society's leaders, but also wonder if there is some character flaw in the present generation of achievers that dooms their ultimate success - and threatens the commitment of the average member of society to the ethics of work and integrity. It is not unusual to read of self-studies by leading business firms that question the propriety of basic organizational values and ask hard questions about the institution. Certainly it makes institutions such as businesses and governments appear ridiculous to line personnel, who are micro-managed to death by institutional guidelines covering the minutes aspects of their work yet see leaders who appear to violate laws governing major phases of their business. This article advances the notion that the "law on the books" - positive law - has become the basic ethic of our business and social culture today. That is, people have come to accept the notion that if they have followed the law on the books in a democratic society, that is probably all...
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...a later, different case what it itself had ruled in a prior, different, but factually similar case. 1. Higher courts can overrule themselves – not bound by precedent. III. Res Judicata v. Stare Decisis A. Res Judicata – X may not ever again sue Y over this particular issue. 1. Res judicata - important in federal system of both state and federal courts because stops state court losing and then going to federal courts for the same issue. B. Stare Decisis – Requires following “the law,”/rule laid down by another case. 1. Appellate courts create stare decisis through opinions. 2. Law of the case – requires same defendant in every case. If the plaintiff wins, then those who come after can use it as well. A Case Timeline I. First Step - Is there a case? A. Is there a reasonable claim or cause of action? Is there a legal right for a remedy? – is this a question of “law”? – If no cause of action, then can’t be a case, but can be settled or just be dropped B. Can the individual prove by a preponderance of the evidence that he/she is right? C. Looking for the courts to be able to provide redress and for witnesses II. Second step – What forum to take case to? A. The forum is the court that you bring the case to, municipal, state, federal. B. Each court has a different jurisdiction that determines what cases it hears. 1. Jurisdiction depends on the claim’s nature, amount...
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...Case 1: Specific Performance Remedy Denied on Equity Standard Campbell Soup Co. v. Wentz et. al. UNITED STATES COURT OF APPEALS THIRD CIRCUIT 172 F.2d 80 (1949) OPINION BY: GOODRICH The transactions which raise the issues may be briefly summarized. On June 21, 1947, Campbell Soup Company (Campbell), a New Jersey corporation, entered into a written contract with George B. Wentz and Harry T. Wentz, who are Pennsylvania farmers, for delivery by the Wentzes to Campbell of all the Chantenay red cored carrots to be grown on fifteen acres of the Wentz farm during the 1947 season . . . The contract provides . . . for delivery of the carrots at the Campbell plant in Camden, New Jersey. The prices specified in the contract ranged from $23 to $30 per ton according to the time of delivery. The contract price for January 1948 was $30 a ton. The Wentzes harvested approximately 100 tons of carrots from the fifteen acres covered by the contract. Early in January 1948, they told a Campbell representative that they would not deliver their carrots at the contract price. The market price at that time was at least $90 per ton, and Chantenay red cored carrots were virtually unobtainable. The Wentzes then sold approximately 62 tons of their carrots to . . . Lojeski, a neighboring farmer. Lojeski resold about 58 tons on the open market, approximately half to Campbell and the balance to other purchasers. On January 9, 1948, Campbell, suspecting that Lojeski was selling it "contract carrots," refused to...
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...keep your mind calm, focused and within your control. Critical thinking...the awakening of the intellect to the study of itself. Critical thinking is a rich concept that has been developing throughout the past 2500 years. The term "critical thinking" has its roots in the mid-late 20th century. We offer here overlapping definitions, together which form a substantive, transdisciplinary conception of critical thinking. Critical Thinking as Defined by the National Council for Excellence in Critical Thinking, 1987 A statement by Michael Scriven & Richard Paul, presented at the 8th Annual International Conference on Critical Thinking and Education Reform, Summer 1987. Critical thinking is the intellectually disciplined process of actively and skillfully conceptualizing, applying, analyzing, synthesizing, and/or evaluating information gathered from, or generated by, observation, experience, reflection, reasoning, or communication, as a guide to belief and action. In its exemplary form, it is based on universal intellectual values that transcend subject matter divisions: clarity, accuracy, precision, consistency, relevance, sound evidence, good reasons, depth, breadth, and fairness. Language is the human capacity for acquiring and using complex systems ofcommunication, and a lanThe English word "language" derives ultimately from Indo-European *dn̥ǵʰwéh₂s "tongue, speech, language" through Latin lingua, "language; tongue", and...
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...Syllabus Certified General Accountants Association of Canada 100 – 4200 North Fraser Way Burnaby, British Columbia Canada V5J 5K7 www.cga-canada.org © CGA-Canada, 2013 All rights reserved. These materials or parts thereof may not be reproduced or used in any manner without the prior written permission of the Certified General Accountants Association of Canada. Printed in Canada ISBN for an individual volume: 978-1-55219-599-4 About CGA-CANADA _________________________________________ CGA-Canada today The CGA designation focuses on integrity, ethics, and the highest education requirements. Recognized as the country’s accounting business leaders, CGAs provide strategic counsel, financial leadership, and overall direction to all sectors of the Canadian economy. The Certified General Accountants Association of Canada — CGA-Canada — sets standards, develops education programs, publishes professional materials, advocates on public policy issues, and represents CGAs nationally and internationally. The Association represents 75,000 CGAs and students in Canada, Bermuda, the Caribbean, Hong Kong, and China. Mission CGA-Canada advances the interests of its members and the public through national and international representation and the establishment of professional standards, practices, and services. A proud history CGA-Canada was founded in Montréal in 1908 under the leadership of John Leslie, vicepresident of the Canadian Pacific Railway. From the beginning, its objective...
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...The Logical Next Step: Reconciliation Payments for All Indian Residential School Survivors CANADIAN BAR ASSOCIATION February 2005 PREFACE The Canadian Bar Association is a national association representing 38,000 jurists, including lawyers, notaries, law teachers and students across Canada. The Association’s primary objectives include improvement in the law and in the administration of justice. This submission was prepared by the National Aboriginal Law and the National Alternative Dispute Resolution Sections of the Canadian Bar Association, with assistance from the Legislation and Law Reform Directorate at the National Office. The submission has been reviewed by the Legislation and Law Reform Committee and approved as a public statement of the Canadian Bar Association. The Logical Next Step: Reconciliation Payments for All Indian Residential School Survivors Executive Summary At its Annual Meeting in August 2004, the Canadian Bar Association adopted a resolution1 calling for the government to go beyond the existing Indian Residential Schools Dispute Resolution process to provide a base payment to all survivors of Indian Residential Schools. The CBA recognizes the tragic legacy of Indian Residential Schools and the failure of the current options of either litigatio n or the dispute resolution process to resolve the situation. The harms caused by Indian Residential Schools are still profoundly felt by the individual students who attended the schools, as well as...
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...1 KHYBER PAKHTUNKHWA PUBLIC SERVICE COMMISSION SYLLABUS FOR PROVINCIAL MANAGEMENT SERVICE COMPETITIVE EXAMINATION The Syllabus and standard for the Competitive Examination for the Provincial Management Service shall be as under : 1. The Examination shall include compulsory and optional subjects, and every candidate shall take all the compulsory subjects and opt for three of the optional subjects carrying 600 marks in all but not more than 200 marks from a single group. 2. A candidate shall answer the language papers in the language concerned. The question paper in Islamiat is to be answered in Urdu or English. All other papers must be answered in English. Violation of this instruction shall incur cancellation of the concerned paper(s) and consequently award of Zero. 3. The compulsory and optional subjects and maximum marks fixed for each subject shall be as below: Sr. No. 1 2 3 COMPULSORY SUBJECTS Subjects English (Précis & Composition) English Essay General Knowledge (a) Current Affairs 100 (b) Every Day Science 100 (c) Pakistan Affairs 100 Islamiat Viva Voce Total Maximum Marks 100 100 300 100 300 900 600 120 4 5 Qualifying marks in the aggregate of written papers: Qualifying marks in the Viva Voce: The non-Muslim candidates will have the option to take Islamiat as a compulsory subject or otherwise Pakistan Affairs (General Knowledge PaperIII) will be treated of 200 marks and counted in lieu of Islamiat. A candidate who fails to appear in any of the compulsory...
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