...John Locke’s philosophy on property rights begins with his belief that God gave “The earth and all that is therein is given to men for the support and comfort of their being” (p.115, para. 25) and in order to benefit from the earth’s bountiful resources, man must “…appropriate them some way or other…” (p.116, para. 25). Locke’s initial reference to the concept of property and ownership comes when he discusses how “…every man has a “property” in his own “person”” (p. 116, para. 26). His words, “The “labour” of his body and the “work” of his hands…” (p.116, para 26) and the acorn/apple example offer an understanding of when, exactly, Locke states property ownership and/or property rights take affect. “…If the first gathering made them not...
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...Assignment #1 Real Property Law Assignment #1 Real Property Issue The issue in this case falls under the State laws applicable in Boring, Oregon. Under the applicable contract law, in cases involving reward offers, the person must pay off the reward. Bart agreed to offer a reward on the return of his lost property. Could Bart be retracted from paying off the reward; as it is Alan’s duty to return the property. Can Alan place a condition for the return. In the light of applicable laws in Boring, Oregon and major court precedents; we would attempt to find probable alternatives that could be imposed by a Court of law. Rule Under the State laws applicable in Boring, Oregon; both the finder of the property and the actual owner possess their rights. According to the Oregon Revised Statues (2012): • The ORS § 98.005 (2011) Title 10 under the Property Rights & Transactions of Abandoned Property. The duties and rights of the owner and the finder of the lost property are enforced under the 98.005 Rights & duties under the Oregon Revised Statues. • The section 489 U.S. 1011, 109 S. Ct. 1120, 103 L. Ed. 2d 183, 1989 under Oregon laws covers the rights of the property owner in cases if the property is misplaced or lost. • The present legislations on Real Property and Contract law clearly hold” that the finder of the lost property must find the actual owner of the property. • The law § 98.005 allows the finder to claim the found property if the owner could...
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...Decision on Amending the Rules for the Formation of Securities Companies with Foreign Shareholders I. Article 10 is amended to read: “The shareholding of foreign shareholders or the stake of foreign shareholders in a securities company with foreign shareholders shall not exceed 49% cumulatively (including direct shareholding and indirect control). “The shareholding or stake of one domestic-funded securities company at a minimum among domestic shareholders in a securities company with foreign shareholders shall not be lower than 49%. “After a domestic-funded securities company is changed into a securities company with foreign shareholders, the shareholding of one domestic shareholder at a minimum shall not be lower than 49%.” II. Paragraph 1 of Article 25 is amended to read: “Foreign investors may legally hold shares in a listed domestic-funded securities company through securities trading on a stock exchange or hold shares in a listed domestic-funded securities company with the approval of the CSRC by establishing a strategic partnership with the listed domestic-funded securities company, and the approved business scope of the listed domestic-funded securities company shall remain unchanged. The restriction that the shareholding of one domestic shareholder at a minimum shall not be lower than 49% shall not apply to the listed domestic-funded securities company provided that its controlling shareholder is a domestic shareholder.” III. Article 27 is amended to read:...
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... VA 22630 *If your name or address is not printed correctly, write the correct information below. 2. Summary of Property to be Claimed Cash Cash Wages, Payroll, Salary Wages, Payroll, Salary $1 to $50 $1 to $50 Reported by CRACKER BARREL OLD COUNTRY STORE INC Reported by CRACKER BARREL OLD COUNTRY STORE INC --- 3. Provide a photocopy of ALL of the following items Photo ID - Driver's License or other Photo ID Tax ID - Social Security, Medicare Card or Tax Document with your SSN on it Evidence of Addresses - provide a copy of a bill or other document showing your other addresses: • SHENANDOAH COMMONS WAY, FRONT ROYAL VA 4. Sign the Affidavit below Under the penalty of perjury, I certify that I (we) am the claimant above; have not received the money or property involved in this claim; am the sole owner of this property and do not know of anyone who claims to receive it or a share of it. I (we) agree to return the property to the State Treasurer if it is later determined that it belongs to someone else, and to reimburse the State for any loss resulting in payment of this claim to me. Signature as it appears on Identification*** Date Daytime Phone Number 5. Return completed form You may return this completed and signed form to us in one of several ways: • Email: ucpmail@trs.virginia.gov • Fax: (804) 692-0576 • Postal: UNCLAIMED PROPERTY DIVISION P.O. BOX 2485 RICHMOND, VA 23218-2485 Staples or paperclips slow down our equipment. Thank you for not using these...
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...corp pays dividend it won’t get the deduction for the same. If Nancy receives $ 100000 as salary she will have to pay tax of $ 35000,instead if she receive $ 100000 as dividend she will be taxed at preferential tax rate of 15 %. So it is beneficial for Nancy to receive dividend. From Robin corporation point of view dividend distributions are not deductible so they will have to pay tax of $ 35000 . If Robin pays $ 100000 as salary, they are entitle for deduction. Problem 2: Section 351 provides that gain or loss is not recognized upon the transfer of property to a corporation solely in exchange for stock,however if taxpayer receives property other than stock (i.e. cash or boot) from corp,realized gain is recognized. For transactions to qualify as non taxable under sec 351,the property transferor must be in control of the corp immediately after the exchange.Control means that the person or persons transferring property must have at least an 80% stock ownership in the corp. Joe has ordinary income of $ 10000 on the transfer because services do not qualify as property.Joe has basis of $ 10000 in newco corp....
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...MEMORANDUM To: Galadriel and John, owner of Marietta Horse Supplies From: Subject: Potential Liability for Accumulated Earnings Tax, and Level of Salaries FACTS Galadriel and John, under you, are owners of Marietta Horse Supplies, C Corp. The company has garnered enough earnings enabling the owners to pay reasonable salaries, although research revealed that the salary level is about one-half or two-thirds of salaries paid by other horse supply businesses with similar size. Owners claim that the lower compensation level was to satisfy the needs of business, i.e., inventories. Past two years, the owners set up lines of credit with two local banks. The owners claim they never had time to review the level of their salaries. PROBLEMS An IRS agent contacted Galadriel and John about items in their tax returns. Having three past tax returns have been examined, the IRS agent proposed a settlement for the items in question. The IRS agent’s concern is Marietta Horse Supplies has unreasonable accumulated earnings. Galadriel and John may be subject to the accumulated earnings tax. ANALYSIS The fact that Marietta Horse Supplies has paid the owners with salaries and lack of presence of compensations paid in forms of dividends may be deemed as contrary to reasonable accumulation of earnings and as tax avoidance attempt, as stated in Sec. 532 (a). However, Galadriel and John shall provide proof to justify the business needs of its accumulation of earnings under...
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...According to Stephen Peach, the legal world of interactive digitized media – and the rights inherent in use and fair use – is one of broad confusion. All such media includes: visual, textual, and / or audio elements; digital storage; and an aspect of interactivity by the end user and delivers in such forms as “…computer games, interactive websites, DVDs and mobile telephones through ‘infotainment’ products … compendiums of film reviews … still photographs and theme songs, to educational products such as interactive encyclopedias” (114). With such a vast array of multimedia products and their producer’s intent to multi-purpose each venue for optimal revenue, legal issues loom ever larger over intellectual property (IP) rights and copyrighted material ownership. Peach discusses several legal matters affecting the production of multimedia use, including ethics considerations and blatant unauthorized usage. Anytime a multimedia producer incorporates unauthorized material into a production or product, copyright infringement almost always results. The author ascribes such infringements to ignorance – many by thinking that “…because it is technologically possible… it must be legal” or the blatant choice to ignore copyright processes and requirements (115). Peach warns that technological marvels are no excuse for such violation; legal remedies exist for such infringements and are often sought to protect the ownership rights to such materials. During the process of obtaining fair use...
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...In treating on the subject of the profits of capital, it is necessary to consider the princples which regulate the rise and fall of rent; as rent and profits, it will be seen, have a very intimate connexion with each other. The principles which regulate rent are briefly stated in the following pages, and differ in a very slight degree from those which have been so fully and so ably developed by Mr Malthus in his late excellent publication, to which I am very much indebted. The consideration of those principles, together with those which regulate the profit of stock, have convinced me of the policy of leaving the importation of corn unrestricted by law. From the general principle set forth in al Mr Malthus's publications, I am persuaded that he holds the same opinion as far as profit and wealth are concerned with the question; -- but, viewing, as he does, the danger as formidable of depending on foreign supply for a large portion of our food, he considers it wise, on the whole, to restrict importation. Not participating with him in those fears, and perhaps estimating the advantages of a cheap price of corn at a higher value, I have come to a different conclusion. Some of the objections urged in his last publication, -- "Grounds of an Opinion," &c. I have endeavoured to answer; they appear to me unconnected with the political danger he apprehends, and to be inconsistent with the general doctrines of the advantages of a free trade, which he has...
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...Mr. J. Orlando, Clerk Superior Court, Appellate Division Hughes Justice Complex 25 W. Market St. Box 006 Trenton, NJ 08625 Re: State v. Heine, A-001720-10-T4 Dear Mr. Orlando: Please accept the attached letter brief in lieu of a more formal brief in support of my Motion for Reconsideration. PROCEDURAL HISTORY AND STATEMENT OF FACT The Garfield City Council adopted Ordinance 2382 in 2003 which was an acceptance of a copyrighted document called the International Property Maintenance Code(IPMC). They cited a few changes to the text of the code and noted them in the ordinance. Everything else is exactly as it appears in the IPMC. If a resident is charged with a violation of the Garfield codes, they may look up the codes on the internet. If their charge is something in the IPMC they are unable to look it up on the internet. They have to call the company and charge $24 to their credit card and a copy will be sent or they would have to take off from work and go to town hall when the clerk’s office is open and read the IMPC or ask that a page be copied and pay $.75. The text of the IMPC reads very much like the NJ BOCA Code. The distinguishing feature is that the NJ BOCA Code is intended to give guidance to a person who is carrying out a permit and following the building code rules so the project will pass inspection. There is no criminal feature to the BOCA Code. Also, parts of the building or house that are not part of the permit are not even considered...
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...Autonomy Rights In this case, Helen Kanell obtained a copy of the final exam from her best friend, who took and copied it from professor’s personal mailbox without permit. So, What Helen’s best friend did threatens the professor’s rights to property and privacy. If Helen got an A in this exam using the “inside information”, for the others including professor fellow classmates and members of Beta Alpha Psi, their right to truth is violated. Teachers should promise a fair exam in order to build a level playing field. That Helen’s friend could have access to the original exam questions and leak them out, however, threatens the professor’s right to promise. Finally, Nobody’s right to body is infringed in this particular case. Fairness Compare peers who should be equal. It is unfair between Helen and other classmates who work hard on the same exam because only Helen had the copy of the exam, just like a short cut in the marathon, thus she could work out the problems with much more time and got the right solution by all possible means. However, others couldn’t have the same privilege. Compare earned versus received treatment. It is unfair between that Helen spent the time and energy on the exam and got an A using the copy of exam her friends gave to her because examination are designed to test how much knowledge and skills students have acquired and whether they made well preparations for the exam. Usually more preparations means better outcomes. That Helen got good result...
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...The primary focus of lawsuits, such as that brought on behalf of WTC workers, and compensation schemes such as workers’ compensation is on paying those who have injured or made ill. The OSH Act created a general duty on the part of every covered employer to maintain a work environment free from “recognized hazards causing or likely to cause death or serious physical harm to employee.” It also created a federal agency, the Occupational safety and Health Administration (OSHA), empowered to oversee safety and health standards, by enforcing the general duty clause and by writing and enforcing detailed health and safety standards for each industry, and the National Institute of Occupational safety and Health(NIOSH), to provide research, information, education, and training. On-the-job risk:1 many dangers, such as falls from roofs or amputations form unguarded machinery.2 forceful exertions, repetitive movements and awkward posture. 3 dactyl and the food flavorings that cause bronchiolitis obliterans or modern metalworking fluid.4 workers compensation: Firms contribute to a workers’ compensation fund that is used to pay benefits to employees accidentally injured in the workplace. Instead of suing ,an employee’s legal task is simplified . she need not prove the company was negligent, nor can the company raise any of traditional defenses to negligence to defeat her claim. Employers are willing to accept this approach because there is a trade-off: if workers compensation covers...
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...acquire legal ownership of property that he treats as his own, if he does so for a long enough period of time, even though the property is not his own. In other words, a person who uses another person’s property, without permission, for a long enough period of time, can acquire legal ownership of that property. What elements need to be proven? 1. The statutory period of time of possession. In most states, this period is between 10 and 20 years. 2. Open, visible, and notorious. The adverse processor must physically occupy the property so as to put the owner on notice of the possession. 3. Actual and exclusive - the property must be occupied by the adverse possessor. The planting of crops, grazing of animals, or building of a structure on the land constitutes physical occupancy. 4. Continuous and peaceful. The property cannot be taken by force from the owner and the statutory period of time of possession must be continuous. 5. Hostile and adverse. The property must be occupied by the possessor without expressed or implied permission of the owner. Did the Witts act ethically in claiming title to someone else’s land? Team C had differing opinions regarding whether the Witts actions were ethical or not. The group agreed that the Witts proved adverse possession under the state law and should be allowed to retain the property. The Witts thought that the land belonged to them, which was why the put a pool, playground and garden on the property. Should they be allowed...
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...Running head: PURCHASING A HOUSE RISK PAPER Purchasing a House Risk Paper Keller Graduate School of Management Project Risk Management PROJ 595 Dr. Susan Orr August 04, 2013 Purchasing a House Risk Paper INTRODUCTION The many advantages to owning a home have been well publicized. However, the above satistics make it clear that owning a home is not without risk. To form a complete picture, you, the prospective buyer, need to consider the potential risks and disadvantages of home ownership as well. Understanding these disadvantages beforehand will give you a better chance of minimizing their impact and avoiding the fate suffered by these homeowners. RISKS IDENTIFICATION There are many risks in buying a new house such as: • The opportunity cost of investing in an alternative investment is very high because the entire cash and future income stream is tied up into one asset a home, which may or may not appreciate. • The house is an undiversified investment, so if the market tanks as it has, game over. • Knowing that we do not own our home, the bank does. • A lot of cost connected to home ownership, such as repairs and insurance and fees and potential hazards I have not considered. • If I lose my job, game over, this will put a lot of stress on me. • There is a chance that your new home will lose value. Luckily, in general, the longer you own your home, the less likely a loss becomes. Loss of value is typically a short-term problem, possibly due to the local...
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...underground such as warehouses, bridges, tunnels, channels, brake water, etc.. At the same time, we emphasize that all the parts of a construction are considered immovable by their nature through their incorporation in the building or by their destination, such as the windows, the doors, the installations, etc.. The legal provisions mentioned above also stipulate that the windmills or the watermills situated on pillars, uncut trees, harvest attached on roots, non-picked’ up fruits, vegetation stuck to the ground are immovable goods by their nature. 2) Immovable goods through the object they apply to. There are immovable goods through the object they apply to the usufruct right of the immovable goods, the servitude right, lawsuits for recovery of property . By interpreting these legal provisions we emphasize that there are included into this category all the rights having as object immovable goods. Thus: - real rights excepting the ownership right (the ownership right is immovable by its nature because the right is confused with the thing); - debt rights regarding immovable goods which correspond to the obligation “to give”; -...
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...Cafe Firefly Wendy Vergara University of Phoneix Cafe Firefly Café Firefly is a coffee shop in Algonquin, Illinois. They feature an assortment of coffees, teas, pastries, sweets, sandwiches, and ice cream. Many of the locals use Café Firefly to host their funding events. Wade Merritt purchased Café Firefly in October 2011. He created a line and staff structured company. Wade is the owner and most of the decisions go through him. He has an accountant to take care of the books. He also has staffing of three waitresses and one baker whom make all those wonderful cakes one would see when they first walk in. These cakes make people return for more. Let us look at the structure visibly of the company. Wade Merritt Wade-Special Events Accountant Wait staff 1 Wait staff 2 Wait staff 3 Baker Here one can see this is a centralized structure where all decision-making power is given to Wade Merritt (the owner). Wade wears many hats within his company; he is the hostess, baker, bookkeeper, manager, and special event coordinator. Wade tries to give back to the community as much as possible that assist him with his customer base. Many people in the area know Wade through networking the crowd, talking to people in the store, and talking to them on the street. Café Firefly’s warm and friendly atmosphere one can see why it is still open during these hard times. “The front-back organizational form is organized around customers in the front,...
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