Essays on Litigation

In my research on the topic of Human Trafficking, I have learned the following: that there are an estimated 600,000 – 800,000 people who are trafficked across international borders each year. I have also determined that human trafficking represents a significant criminal underworld, that takes away personal liberties and undermines community and safety.

These observations lead me to ask the following question:

How can human trafficking be prevented or stopped? This question has several plausible answers. For example, according to Chuang, the issue of human trafficking must be considered from the global perspective. More specially, he suggests that while trafficking is made up of a series of ...

Impact of Frivolous law

Impact of a frivolous lawsuit Abstract Frivolous lawsuits are lawsuits that have little or no chance of being won due to lack of merit. In law, a frivolous lawsuit is one that is presented when the party had a reason to know that the defense or the claim was futile. Frivolous litigations may be as a consequence of legal theories that bare absurd, additional suits or a repetition of motions. A claim or defense may be referred to as frivolous because it lacks justification or due to the fact that it was not [resented with an argument that can ...

The Federal Torts Claims Act (FTCA) is the statute that allows for the recovery of damages against the United States (Cann 487). This Act allows prisoners of the federal government and pretrial detainees in federal correction facilities to file lawsuits against the United States if a federal officer injures them. The Federal Torts Claims Act enables a litigant to sue the federal government over torts committed by its employees (Cann 487). The United States has no qualified immunity under this Act. It is important to note that the Act does not limit a noncitizen from suing the federal government. ...

There are several laws that aimed at protecting human health and environment. The government and private parties are allowed to enforce the federal environmental laws. The government has the resources and tools required to enforce environmental laws and compels compliance with the environmental regulations and laws. Criminal and civil environmental enforcement are streamlined towards protection of environment and health. The criminal environmental enforcement seeks to punish the actions that the society view as harmful to the environment and health of people. The civil, environmental enforcement is streamlined towards individual parties who should be compensated for the harm caused by ...

Introduction

The situation is getting out of control at Good Health Hospital (Tampa Bay) since the outbreak of Escherichia coli, a specie of bacteria that can be found in many daily items. The incident involved Ward 10, which is located in the second floor. A recommendation from the Centers for Disease Control and Prevention (CDC) stated that the investigation of the bacterial source must begin with the hospital kitchen as the bacterium can be transmitted through contaminated vegetables and delicatessen meats (e.g. salami and other cold cuts). The Epidemiological Summary provides a brief description of the data obtained. Environmental review ...

Part 1

Objective: in this critical analysis, you are expected to demonstrate an understanding of public health ethics and legal issues. Also, you are required to actively engage with the subject and come up with a substantial perspective on it.

Introduction

This critical analysis will outline the main purpose of the public health ethics and legal issues for protecting and upholding public health. Public policies and social programs are some of the aspects that constitute a good public health. Also, some patients with distinct issues contribute to the wellbeing of the public health, especially in a situation of unethical event regarding health ...

Introduction

Alternative dispute resolution is an approach to dealing with cases in the American Justice System. It involves the use of arbitration rather than litigation. Litigation is adversarial but alternative dispute resolution seeks a consensual approach to resolving things. This paper will critically analyze dispute resolution in the American legal system in general and then in the context of two states – California and Virginia. There are several ADR techniques including binding arbitration, conciliation, cooperative problem-solving, facilitation and mediation. Federal issues are handled in federal courts. This include cases that cover different states or jurisdictions as well as bankruptcy cases, cases ...

Annotated Bibliography:

Annotated Bibliography: Historical Background of Special Education Cannon, Y., Gregory, M., & Waterstone, J. (2013). A Solution Hiding In Plain Sight: Special Education And Better Outcomes For Students With Social, Emotional, And Behavioral Challenges. Fordham Urban Law Journal, 41 (2), 403-497. Carson, C. (2015). Rethinking Special Education's "Least Restrictive Environment" Requirement. Michigan Law Review, 113 (8), 1397-1426. In this article, Cari Carson emphasizes that the United States disability law, especially the special education law is most essential. The idea of integration and inclusion entails the involvement of those individuals with disabilities with the nondisabled ones through different activities. The special ...

Introduction

Gender equality is one of the most controversial and complicated issues that have plagued human societies for many years. In fact, the issue regarding gender equality has been an age-old problem that have prevailed even in the contemporary society. The problem in gender equality lies on the concept of equality itself, primarily because the concept of equality is too broad to be explicitly defined. The case of Stella Bliss, for example, is a manifestation that the concept of equality is subjective and depends on the prevailing perception on equality. According to the merits of the case, Stella Bliss, a ...

[Class Title]

The Lawyer-Client Relationship The lawyer-client relationship should be based on trust and confidentiality. Under no circumstances should a client lie to his or her lawyer as well as under no circumstances should a lawyer incriminate his or her client for telling them the truth. A problem in trust and confidentiality will result to poor lawyer-client relationship, which could significantly impact the outcome of a case. Trust and confidentiality problems arise when the client withholds some information from his lawyer for fear that his lawyer will back out. There are clients, for instance, who are guilty of doing ...

The rule of law requires a fair access to justice for England and Wales as well as any other sovereign country with a governing constitution. The route towards delivering equitable access to justice to all citizens requires enrolment of all justice department stakeholders as well as other interested parties. For instance, each of the arms of the government has their own responsibilities that need execution to the best of their ability in order to ensure equal justice to all. In this case, each arm of the government is it the legislature, executive, or judiciary should not intimidate or influence ...

IT Technology Implementation

IT Technology Implementation Verizon is a leading provider of telecommunication services including wireless services and equipment and wire line services tapping the mass market, global enterprise, and global wholesales (Verizon, 2016). The company’s wireless services include retail connections and retail postpaid connections. Such include Verizon LTE, 4G LTE, fiber broadband services, FiOS, internet, and cable, and video telematics. Verizon also offers technology such as cloud and security products and interactive products such as video, music, and commerce (Verizon, 2016). The company exhibited a growing revenue and net income in the last five years in all of its business ...

1.) The thee primary advantages of alternate dispute resolution (ADR) are decreased costs of litigation, convenience, and time savings. Generally, an ADR cause of action is begun as the result of a prior agreement to enter into ADR by the parties, accordingly, if a dispute arises, the parties rarely need to expend huge sums of money trying to figure out if they have a case and how to go about resolving it. Similarly, ADR saves the time that would normally be needed in the more traditional litigation. This is also true for convenience, in the with ADR is no ...

In reference to your request for analyzing the financial statements of AS Company S.A Commercial Industrial Computer & Toy Company, I am highlighting some of the areas where the management is discretion is highly possible and can influence truthfulness, materiality and usefulness of the financial statements.

Referring to the income statement of the company, we found that the company has directly reported the operating income, however, there isn’t any discussion available for the operating expenses and operating income. This is a direct violation of IFRS standards for the preparation of financial statements and gives a clear opportunity for the ...

Abstract

This paper explores the different elements of business, specifically in the case of Apple, Inc. This company has been selected in view of the numerous material that is available on the Internet with regard to past and present empirical data on Apple, Inc. The elements of business – legal environment, social environment, economic environment, management structure, operational issues, financial issues, and potential change factors – are crucial issues that are discussed in this paper. Each of these elements must be appropriately addressed since weakness in any one of the elements would create problems for the entire business organization. Compliance with policies ...

(University/Institute)

Health and hearsay

Legal actions engage health records as evidence are geared to buttress or strengthen or on the other hand vilify the testimony given at a trial. “Evidence” is understood as “testimony, writings, material objects, and other things presented to prove or disprove a fact.” Health record can be used as proof in either civil or criminal actions as well as in administrative hearings. However, before a party can use health records as evidence in any proceedings, the party seeking to use these records must first determine whether these are admissible; to be admissible, these must be determined as relevant ...

<<Student Name>> <<Professor Name>> <<Course Title>> <<Date>>

Let’s analyze the positions held among Group 1 arguments and Group 2 arguments using the Toulmin methodology.

Group 1: The Halifax Convention Centre Developer should be responsible for businesses losses of neighboring businesses. Group 1 begins its argument with a good introduction of the subject at hand. According to Toulmin’s methodology, an introduction to the subject provides a good hook to the reader – as to the content of the argument and enhances interest levels for further introspection. The introduction gives a good overview and context as to the reasons for developing the new Halifax Convention Centre.

Group 2: The Halifax Convention Centre Developer should NOT be responsible for businesses losses of neighboring businesses.

...

The Federal Arbitration Act (FAA)—Title 9, US Code, Section 1-14—was first enacted on February 12, 1925. FAA underwent a few developments through the years. It was codified on July 30, 1947 (61 Stat. 669). It was amended September 3, 1954 (68 Stat. 1233); added Chapter 2 on July 31, 1970 (84 Stat. 692); added two new Sections in October of 1988; renumbered on December 1, 1990 (PLs669 and 702); added Chapter 3 on August 15, 1990 (PL 101-369); and, added Section 10 on November 15, 1990. The FAA provides the guideline for the enforcement of arbitration agreements ...

Q1a. From the information contained in the case study above, conduct an analysis of Tesco’s external environment using the STEEPLE model. Your analysis should cover and identify each of the factors as they relate to the case study. (16 marks)

The external environment of a business can be evaluated using a STEEPLE model, which incorporates seven external factors; sociological, technological, economic, environmental, political, legal and ethical (Block 1, Reading 5, p. 34). Here is a brief analysis of Tesco according to the STEEPLE model;

Sociological factors

The variety of business in the UK and across the world is going through ...

Administration Relationships

The relationships between the public policy-makers and the executors (civil servants) have attracted the attention of many scholars in the public administration, political science, public policy and law. The focus is on the relationship between the government, parliament, and the public service. However, the relationship between the federal bureaucracy and the elected policy-makers is crucial for the government functioning, its professional standards, as well as social credibility. Regardless of the perspective of the government being consistent, its texture, characteristics, operating principles and procedures vary from one public policy sector to another (Guess & Farnham, 2011, p. 315). This part focuses ...

Scenario Description

The scenario described in the case presents a situation where Mike, who works a lab technician, is running late in trying to get to his workstation. Previously, Mike has had an encounter with his supervisor leading to his promise that he would be on time in future. However, in this particular incident, Mike finds himself running late due to an accident on his commute that resulted in his delay. Mike understands that his lack of clocking in on time may lead to termination of employment, which he and his family depend on for their livelihood. When getting into the ...

Application of Epidemiology – Case Study

Application of Epidemiology – Case Study

Information Summative

The statistical analysis of the Good Health Hospital’s medical records reveals the progression of Escherichia coli infection among four hospitalized patients who reported bloody diarrhea, abdominal pain, vomiting and nausea, loss of appetite, flatulence and pyrexia since last week. The summary of these cases presented below in the context of their further analysis. The findings by the CDC revealed that the E. coli manifestations emanated among the affected patients after consuming the spoiled food items attributing to meats and vegetables.

Background Information (Indicating the Requirement of Further Investigation)

Georgia Department of Public Health (GDPH) describes various nosocomial infections reported within a ...

Acme Fireworks

A number of factors are to be considered when it comes to taking the decision of the most favorable business structure for a specific commercial venture. Given the situation of Acme Fireworks, the pros and cons that need to be weighed before deciding on the business structure include the offering of highest protection, the highest investment return, and the most favorable rates of taxes. When there is a need for liability consideration, along with needs of employment and huge contracts, the recommendation to Acme Corporation owner would be to amend his status from the present sole proprietorship to a ...

Circumstances, where confidentiality agreements are necessary

Nowadays, the intensity of competition among the producers of confectionary is crossing the boundaries of imagination. In order to stay competitive, the businesses have to reduce their overheads, while trying to maintain the appropriate quality standards of their products. These research and development activities require substantial funding, and, in order to safeguard their achievements from being imitated by the competitors, the ultimate contents of products are held in the strictest confidentiality (Hasnas, 2006). Food companies often offer lucrative settlements to those, who have been affected by their products (Maclntyre, 2008). Yet, the majority of such offers have a small, ...

Two needs for forensic assessment in civil forensic cases

Two important types of civil cases in which forensic psychological assessment may be required are worker’s compensation and custody hearings. In the former, the client is usually asking for some sort of monetary compensation for damages that have been caused by their employees. In the second one, there is usually an underage person whose custody is being determined by the courts, as his or her parents are going through a process of separation. Obviously, these are caricatures of the complex real cases that real forensic psychologists have to face. Nevertheless, they will serve as models to explain the ...

The Civil Rights Act of 1964 was a milestone in United Stated labor law. It was the first comprehensive piece of legislation to prohibit employment discrimination by race, color, religion, sex or national origin. It also prescribed the allocation of federal funding to any discriminatory program at the State level. Additionally, it created the U.S. Equal Employment Opportunity Commission (EEOC), which was mandated with enforcing anti-discrimination federal laws in the workplace as well as legislation that prohibit punitive measures against employees who complain about the treatment. The EEOC can also file a lawsuit against employers on behalf of victimized ...

Introduction

An electronic research tool is a device that aids the process of gathering details and facts to be needed in a case. Its emergence has been able to provide lawyers the platforms where there they can get more facts about their respective cases as evidence without leaving out vital pieces of information. The two major ways through which an electronic research will enhance my performance level as well as productivity in this case are stated and explained below for proper understanding.

Updated legal information

This is perhaps one major role of electronic research tools and how they will aid me to get ...

Federal Court Structure vs State of Georgia Court Structure

The Constitution of the United States of America is the highest legal authority in the country. Due to federalism in practice, both federal and state governments have a court system of their own. The structure of federal and state courts is different as states have the power to decide the type of structure they want to implement. The structure of federal courts consists of three levels; these are District courts or Trial courts, Circuit Courts and Supreme Court. The Circuit courts work as the primary level of appeal and the Supreme Court is the final level. In total, there ...

Legal Aspect of Responsible Leadership

The law of contract involves the legal policies that govern the agreement between two or more parties involved in a transaction of delivery of service or provision of goods, which is enforceable by law. Different contracts have varying terms and conditions depending on the sector involved and the intention of the contracting parties. The law of contract within the business sector is very clear because it is guided by the concept of essential elements of a valid contract. Any transaction that qualifies to be a legal contract between the parties should be enforceable by law and any violation of ...

Training Program

Lorraine Sutton & Donna Piromalli Leaders in Relationship Training Can you afford to lose talented staff, valuable time and money? Workplace disputes, which are ignored or mismanaged, cause emotional stress and harm to people. They are costly and damaging to your organisation. Disputes erode company’s culture and staff morale. If an organisation suffers loss of productivity and profitability, organisation and management can be at risk of litigation.

Investing in “Tools4Life - Developing People 4 Success”

What propels your organization, managers, and staff to achieve your goals? “Tools4Life” offers a unique program that cuts through predictable politics, working with people to find the root cause of the disputes ...

Abstract

The different forms of Alternative Dispute Resolution or ADR are interesting topics that were discussed in this class. There were five chapters that we consider the most interesting parts of the reading as they provide information that not only increase our awareness about dispute or conflict resolution, but they can serve as guidelines on how to come up with better ideas in providing solutions to various issues. The different chapters of the reading, such as chapters 1, 2, 3, 5, and 7 provided insights on cases, which these ADRs can be used. One may think that conflict resolution is ...

Introduction

The issue of hydraulic fracturing, also known as “fracking” an innovation how to extract natural gas from minerals such as shale rock has become very controversial as of recently in the United States. Large sections of the United States especially in the Northeast have lots of shale rock which has caused many oil and gas companies naturally to extract the region’s resources. This over time has caused many conflicts between the oil companies, local residents as well as local, state and federal authorities. Many people question how safe of a process fracking is and what are the unknown ...

Section

A commercial flight or a common carrier one is expected to exercise the highest degree of care in its undertaking, in contrast to contract carrier operators who are only expected to perform their duties with the care expected from an average person. Thus, to prove that it is not liable, it has to show that indeed it exercised extraordinary diligence. Is the assumption of risk defense available to an airline to defend against lawsuits brought by injured passengers or the survivors of passengers killed in an airline crash? Why? No. the reason behind this is anchored on statistical evidence. ...

The Issue

The rates of hunger and poverty in America are alarming. Food and hunger programs have committed themselves to coming up with solutions to the food insecurity. According to 2015 annual hunger survey in New York State, almost half of working-group residents failed to afford enough food in a household that at least one individual was employed. In 2012-2014, more than 450,000 residents of New York City lived in households that were food insecure but with at least one person employed. A portion of 48% of adults aged between 15 and 65 in New York City lacked sufficient food ...

The debate as to whether or not to legalize marijuana in America has been heavily documented. Different states have different laws pertaining the vice. The fact that it is used both for medicinal and recreational purposes makes it difficult for the government to ban it. In the past few years, the marijuana debate has constantly featured in legal and legislative controversies. Different states seem to adopt different approaches over the issue. At the moment, marijuana is legalized in more than 20 states, including the District of Columbia. It would be prudent to note that such legalization is restricted to ...

As requested, I have looked into the tendency to overbill in law firms and sole practitioner offices in the United States. I have looked into how these tendencies can endanger any prospective law firm, including our own. According to my findings, the legal profession requires many reforms in order to comply with Rule 1.5 of the Model Rules and to still be able to generate a viable profit through billable hours, fixed rates or contingency fees.

Analysis of Billing Issues Within the Legal Profession

In recent years, the legal industry within the United States has undergone a major transformation. In fact, since the economy crashed in 2008, ...

Introduction

Although the legal system of the United States of America is one well-known in the world due to its extensive depiction by the media, basic familiarity of other legal systems, and, relevant aspects of international cooperation issues is an indispensable element of a law enforcement professional expertise. This research discusses the differences in substantive and procedural law, judicial review, policing systems and international police cooperation between the United States of America and the United States of America.

Substantive Law

Substantive law matters in the USA and the UAE are dramatically different. Thus, both civil and criminal substantive law provisions in the ...

Abstract

The question on the moral issues surrounding companies and their decision makers has been there for a long time. This has become even more critical given companies’ ever-increasing urge to outdo their competitors. It has consequently, led to the development of decision-making models that incorporate ethical values to describe processes that decision makers should follow when dealing with issues containing ethical dimensions. That, therefore, creates and maintains a corporate culture that is ethics-oriented. Many problems and solutions have been attributed to the corporate practices that constitute an organization’s culture. That definitely makes it an important determinant of the ...

Birth control is a practice that helps us to plan the timing of pregnancy as well as prevent pregnancy. Just like Vaginal ring and birth control patches, birth control pills regulate the oestrogen and progestin hormone levels in the body. The pills are taken as progestin-only or combination pills which have both the oestrogen and progestin. They work by preventing ovulation thereby inhibiting fertilization. Besides, they make the cervical mucus thicker which reduces chances of sperm to reach the egg. The oestrogen and progestin-based methods are very effective when administered at the right time as prescribed. They are also ...

Introduction

The professional organizations and associations in nursing plays a crucial role towards promoting advanced and better health care. They’re charged with the responsibility to generate the energy, organization of ideas, and pre-emptive work required to sustain a healthy profession that promotes the needs and preferences of the nursing profession, nurses, and the patients. The associations improves the trust of society concerning health care matters. The paper will shed light on defining the scope of professional organizations in nursing, examine the scope, discuss the trending issues, and offer an analysis of the future of the nursing profession.

Define the scope of the issue

The role ...

Discrimination at workplace

Abstract A number of citizens have fallen victims of discriminatory practices at their work places. The effects of discrimination in the workplace may be so severe, some causing serious traumas and emotional problems. Discrimination at work place occurs when an employer takes an adverse action against an employee or even a prospective employee due to protected attribute. Such discrimination leads to inequality and unfairness in the workplace where some employees are denied basic rights compared to others. This paper presents a proposal on how to end discrimination at work place. The paper argues that ending discrimination in the workplace ...

The CSI (Crime Scene Investigation) effect or the CSI syndrome is the phenomenon that shows that the media has been spreading serious concerns on the integrity of the criminal trials which are being influenced by the effects of popular television show – CSI (Dioso-Villa, 2009). It is basically the perception that the forensic science results are false as they do not match with the observations in the television show. This syndrome is the effect of the increase in the mass media. This effect started appearing in the year 2003 after the show became popular on the television. Another side effect ...

Introduction.

According to Means, R. (2004), Section 1983 was meant to create a right to sue anybody who took away another person's constitutional rights. The ordinary and universal rights that can attract a lawsuit include first amendment issues like freedom of speech, association, and worship. It is, therefore, important for police to understand the Section 1983 since it has become their suing point. Due to the effects and cost association of section 1983 Liability Lawsuits arising out of violations of these rights, the paper seeks to put more light on training of police as regards: how much training is enough, ...

Introduction

Passengers aged over fifty years often develop Deep Vein Thrombosis (DVT)during prolonged flights. The development of DVT among passengers is well documented but is not often experienced by pilots flying commercial aircraft; however, there are a few cases where pilots have developed DVT in the course of duty.The potential liability of airlines is much more expounded with respect to claims arising from injuries caused to passengers without any sort of monetary limitation. In order to address the problem and help balance the liability to a proper proportion, the Convention for the Unification of Certain Rules Relating to International ...

Article Critique

2010 State Bar of Texas, Litigation Section. The Advocate Winter 2010 The article relates to the First Amendment of the Constitution in regards to religion and liberty. The main purpose of this defense debate is to explain how you cannot have liberty without justice. Justice cannot be complete without the liberty of society. These two go together to form a just legal system. If you eliminate one factor, then the other factor will not hold up or succeed. An ideal judiciary in the U.S. would consist of the judges who are elected stay in their positions because they reflect ...

Introduction

Businesses in various sectors face lots of challenges in the environment that derive influences from different aspects in the markets. Most of those problems emanate from the operations of the organization itself while others are from the external facets of the markets. The retail industry stands as one of the most sensitive sectors of the economy due to the diversity of the products and services that they offer. For example, a single retailer can sell the goods of different manufacturers that present varying conditions in the market. Consider the fact that the regulations of oil products differ from those ...

The issue

The rates of hunger and poverty in America are alarming. Food and hunger programs have committed themselves to coming up with solutions to the food insecurity. According to 2015 annual hunger survey in New York State, almost half of working-group residents failed to afford enough food in a household that at least one individual was employed. In 2012-2014, more than 450,000 residents of New York City lived in households that were food insecure but with at least one person employed. A portion of 48% of adults aged between 15 and 65 in New York City lacked sufficient food ...

The primary issue in this case is related to pending litigation of the company and increasing competition in the tobacco industry that is likely to erode the market share of the company.

Why is UST Inc. considering a leveraged recapitalization after such a long history of conservative debt policy?

UST is considering a leverage capitalization in order to benefit from the tax shield associated with the debt financing. The increase in value along with existing enterprise value will be distributed amongst lower number of shareholders. Moreover, considering the past performance of UST, the company has a high cash generative capacity of the company’s business. Evaluate the business risks of UST from the viewpoint of a ...

Following the guidelines of the course ID guidelinesStudent’s NameUniversity

The following table outlines the number of allegations that has been received in the Fiscal Year 2015 based on the age, race, sex and disability of an individual. The figures that are being provided herein below are as per the records of the Equal Employment Opportunity Commission ("Enforcement & Litigation Statistics", 2016): The total charges’ number is a reflection of the number of singular charges that has been filed. As there are often cases wherein an individual has filed a charge based on different types of discriminations. It is to be mentioned here that the total number of charges ...

The university is in to contract with Tenex Company where the company supplies the University with stock tab paper. When they entered into the contract, the company was to supply stock tab paper on a fixed price basis. Now that the prices for the stock tab paper have gone up, Tenex approaches the University's purchasing department so that they can go to a guaranteed margin approach as opposed to what they had agreed earlier, fixed price. The university's purchasing department responds to the Company (supplier) reminding them that the case would have been different had the prices gone down. ...

This report analyses the most recent financial reports of two companies; Sino Gas and Energy of Australia (2014), and Solar World of Germany (2015). Sino Gas and Energy reported total provisions of $97,166 that constituted 0.09% of the total assets. Solar World reported total provisions of k€ 49,466 that constituted 5.69% of the total assets. The provisions for the two companies are listed below in descending order based on their book values:

Sino Gas and Energy $

Other provisions 60,837 Employee entitlements 36,329 Total 97,166 Solar world k€ Warranties 24,653 Pensions 10,704 Litigation risks 9,190 Other ...

Free trade agreements such as ChAFTA (China-Australia Free Trade Agreement) and the proposed TPP (Trans-Pacific Partnership) are treaties that are signed and ratified by national governments in a bid to increase the volume of trade within their country, as well as to reduce the obstacles that limit local and foreign investment. This is particularly useful seeing as incentives such as reduced or eliminated tariffs serve to encourage investors from far and wide to invest in the said country (Lim, Elms, and Low, 2012). For many years, such treaties have successfully ensured increased volume of trade as well as investor ...

INTERNATIONAL COMMERCIAL ARBITRATION: OIL AND GAS SECTOR

(Course/Major) (Professor/Instructor) (College/University/Institute) (Location)

Actions for claims in the energy industry often involve large investments, a robust sense of public interest, and “cross-border” features that warrant the development of a special structure to resolve disputes (International Center for Energy Arbitration). In the belief of Akinjide-Balogun (2000), the possibility for disputes among the players and stakeholders in the global energy sector remains at a high level. This should not come as a surprise owing to the presence of a number of complicated commercial relationships as well as the high costs in exploring for and harnessing vast amounts of hydrocarbons. Arbitration ...

Introduction

There have been cases of corporate scandals in the recent past including the Enron, Tyco, WorldCom, and Global Crossing to name a few. These scandals fueled concerns regarding the financial reporting standards not only in the USA but also in economies where the financial markets tumbled as a consequence of the news of such scandals becoming public. These scandals arose because of weaknesses in internal controls and lack of independence by external auditors. For instance in the Enron, case, the external audit firm known as Arthur Andersen was criticized for lack of independence both in fact and appearance. The ...

2. Literature Review and Hypothesis Development

P1. The Global financial crisis of 2008

Severe distresses within some financial markets during 2007/08 resulted in international financial crisis following Lehman Brothers filing for the chapter 11 on 15th September 2008. As an end result, the globe has in recent times experienced the most horrible economic performance ever since the 2nd World War. This crisis emanated from the American market for the housing. The house prices were highest in the year 2006 and subsequently dropped beyond 30 %. This happens to be the greatest decline ever since 1930s on a national level across the US. The household debt increased drastically ...

Abstract:

This paper will focuses on the implications of bribery to a business entity, in this case Siemens, and the role of institutions that are used to oversee and regulate ethical business practice. The available ways and means of regulating corruption and bribery in organizations are going to be discussed together with how those found guilty of such offences should be punished. The report will further explore the role of the employees in regulating illicit business practices, and how these efforts are related to the firm’s culture and tradition. It is shocking how organizations such as Siemens, which is ...

Abstract

The products’ liability is an extremely important issue in our lives. It assures not only the perfect operation of the commodities we have bought but it also can save lives or keep people from injuries. In this essay it is represented a short overview of the legislation that arranges the matter and definitely appoints who is responsible in such cases. The Product Liability Law points the chain of responsibility starting with the producer of the given commodity, going through the suppliers and whole sale merchants until it ends with the retailer. There are many examples of product recall in ...

Abstract

The purpose of this paper is to critically appraise and evaluate whether the directors are abusing their powers and privileges based on existing laws. The study will also show whether the key duties imposed on directors by statutes as interpreted by the judiciary are being fulfilled. The article gives a detailed analysis of the duties of directors and determines the instances when they had exceeded the authority granted to them by the company, laws and statutes. Directors exercise potentially a broad range of powers in managing the company business and there are instances when they may be held personally ...

Dewey, Chetum & Howe Law Firm

John, a former researcher at PharmaCARE, is seeking legal advice regarding PharmaCARE’s use of their drug AD23. AD23 is a PharmaCARE top-selling diabetes drug. After PharmaCARE’s research indicated that the diabetes drug might also help slow the progression of Alzheimer’s disease, the company began reformulating the drug in order to maximize its effect. PharmaCARE established a wholly-owned subsidiary, CompCARE, in order to avoid the scrutiny of the Food and Drug Administration. CompCARE was used as compounding pharmacy in order to sell the new formulation to individuals on a prescription basis. CompCARE is located in a suburban ...

Insurance Law

Insurance Law Insurance is a contract that involves the insured party making payments to the insurer in exchange for understanding that the insurer will transfer goods or make payments to the insured or a beneficiary in the occasion of damage to property or injury. Most people spend millions of dollars on insurance for their private lives, autos, and homes, among others. The government similarly allocates huge sums of money to social insurance. Thus, insurance can be seen in the context of business. This paper will define several fundamental concepts in insurance, examine issues to do with an insurance contract, ...