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Designing A Framework For Diagnosing Industry Structure
MACOM is headquartered in Lowell, Massachusetts, they sell and distribute products globally for
networking. They use semiconductor technologies for optical, wireless, and satellite networks. Their
products power infrastructure to increase speed and coverage of the mobile internet. MACOM as
sixty years of hands on experience, designing and building technologies from radio frequency to
light spectrum (MACOM, 2016). Michael Porter formed a basis that consists of five forces of
competition. These five forces are meant to be a framework for diagnosing industry structure.
Essentially, the idea is to explain the sustainability of profits against bargaining, and direct and
indirect competition. The five forces that shape the strategy are, ... Show more content on
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Rivalry among competitors relates to the threat of other like businesses. The more competitors that
have like products will determines the power of the company. Buyers are likely to shop around to
rival competitors if they cannot receive the deal they are looking for, and likewise suppliers look for
the company that will pay them the most for their products or services (Investopedia, 2016).
MACOM has three major competitors, Ciao Wireless, Satellink Inc., and Digi–Key Corporation.
Ciao Wireless designs and manufactures radio frequency (RF) and Microwave Amplifiers for
Defense and Commercial Industries (MediaBrains, 2016). Their experience outnumbers MACOM
by more than 400 years (creating a better brand identity), and they offer custom designs with
delivery options. Satellink Inc supports manufacturing of electronics for aerospace,
telecommunications, and radar industries (MediaBrains, 2016). MACOM also supports the
aerospace industry along with other telecommunications to delivery information globally, but
Satellite keeps an inventory of essential parts for rapid turnaround. This feature can help with fixed
costs adding value to the customer. Digi–Key Corporation is a billion dollar company that provides
electronic components for delivery worldwide. They stock more than 500,000 products, and they
feature them in a catalog along with
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Sterling Marking Products
MEMO
To: James Ondracek From: Sumei Rey CC: Grigorios Livanis Date: July 27th 2014 Re: Foreign
Market Entry Proposal – Mark Maker To achieve Sterling's objective of increasing revenue and to
capitalize on opportunities in foreign markets, particularly the UK, it is critical to develop a strategy
on foreign market entry. While I understand management's concerns regarding focusing on new
product innovation and managing ... Show more content on Helpwriting.net ...
With growing demand in Canada, there could be a strain on local operations if we want to also meet
demand in other markets. And a joint venture poses the same concerns regarding lack of control that
we are experiencing in the US in our alliance with Blumberg.
Once our subsidiary is established in the UK and once our arrangement with Blumberg is
terminated, we may consider pursuing a similar entry strategy in the US to address the previously
mentioned issues, which continue to negatively impact our sales. Regarding the other countries that
have expressed interest in the Mark Maker, I recommend continuing to explore these opportunities,
beginning with Australia, which demonstrates the strongest market potential (Exhibit 3). We would
need to gather further
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Legal Funding Disadvantages
Nowadays, hiring a lawyer in UK and Wales can be quite expensive. A trainee solicitor in Great
Britain hourly rate can start from a hundred and eleven pounds per hour and ranges from this to a
first grade solicitor in London who would charge four hundred and nine pounds per hour . It is
obvious that not everyone can afford the price of justice. Legal funding is vital as this can give a
chance to people that are of lesser means, to review their case. There are various types of legal
funding that I will examine in my essay for example, legal aid, private funding, conditional fee
agreements, damages–based agreements and pro–bono. However, there are some ethical
complications related to how these types of funding is used. Are they really used wisely and fairly
based on their scope? I am going to consider the advantages and disadvantages of the various types,
in order to come to a conclusion. On the other hand, there are many people claiming that
technological innovations would be a very good way to compensate for lack of funding.
Technological innovations such as, robot lawyer Lisa , Lexis Nexis chatbot and kiosks. Forms of
legal funding
Legal aid: After the Second World War the Labour Government tried to a build a welfare state in
order to reduce the inequalities between rich and poor class . One of their measures was the state–
funded legal aid scheme .That would give the opportunity to poorer people to get legal advice and
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Unit 4 Mid-Module Assignment. Riley Jay-Crage. ‘The Goal
Unit 4 Mid–Module Assignment
Riley Jay–Crage
'The goal of legal research is to find laws or precedents that support your arguments and undermine
those of the other side.' In the light of this statement discuss the purpose of legal research, and
techniques that are available to do it.
The purpose of this essay is to explain the importance of legal research as well as cover various
research methods and sources and explain why they are beneficial to legal based professionals and
individuals.
What is legal research and why is it used? Legal research is the process of obtaining the necessary
information to support legal cases/decision–making as well as making yourself familiar with the
laws surrounding the nature of the case. Legal research ... Show more content on Helpwriting.net ...
Below I have listed reliable and commonly used sources of legal information, these sources range
from:
Printed student textbooks "Student textbooks collect together, analyze, and criticize the law in
particular areas. They traditionally deal with an individual area of legal study. There is a wide range
of textbooks within various subject"
Cases and material books, these are a good way of gathering supporting materials, however they are
only a starting point for research but aren't used for finding and reading original materials.
Practitioners books, these are primarily used as references by practicing lawyers, and are written by
practicing lawyers, it is also worth noting these are generally expensive.
Monographs, these are a detailed study usually of a specialized topic, whereas student textbooks
cover a wider range of topics, these cover specialized topics in greater depth
Journals, these can be used to keep up to date with the latest developments in law, there is a wide
range of journals which are all very similar and released regularly, these include general journals,
specialist journals, practitioner journals and foreign journals.
Conventional and legal dictionaries, legal dictionaries can be used to check if a word has a specific
legal meaning and can also be used to identify an unfamiliar term. "The
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Advantages And Disadvantages Of Managing Big Data
Question 1:
Compare and contrast this case with the material in this chapter on Big Data. That is, given the
disadvantages of over–retained data, how should an organization (NAIT) manage Big Data?
Answer:
Organizations end up retaining a lot of data over the years and will continue to do so as they expand
and grow. This is true for organizations such as NAIT where every year they see more and more
students while also expanding their campus with new buildings which require the storage of big
data. In order for NAIT to manage their data, they must make sure that they do not over retain too
much data as it will most likely cost them in the future.
Some of the disadvantages to over retaining data for NAIT would be unnecessary data storage costs
and data migration, potential legal costs, and hidden costs. NAIT is continuously expanding its
campus and with every new building, they will have to perform data migration to store information
into some of the computers being installed which will cost time and money. If ... Show more content
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Organizations use Big Data to have a bargaining power of customers by using buyer's history to
anticipate the needs of those buyers or products or to find a suitable replacement for the product on
the website being used, to secure a purchase before the buyer changes their mind. Big data can also
be used to increase margins through price discrimination. Big Data can provide you with insights
into the raw material prices paid by your supplier. Organizations control new entrants by tying
customers to their product and services making it expensive for them to switch suppliers. Big Data
is also used to identify and eliminate inefficiencies. It does this by making data more transparent.
Large organizations relentless use of data to drive efficiency makes it difficult for new entrants to
match
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Inplementing Accounting Analysis
1. How does PPLS create value for its customers? What are the critical risks that it has to manage
well? 2. How did the pre–1995 commission formula work? Why do you think the company changed
its policy? 3. Based on the post–1995 commission formula and information in the case on pricing
and commission rates, calculate the cash inflows for premiums and cash outflows for commissions
for years 1 to 3 that would arise from the sign–up of 1000 new members at the beginning of year 1.
Assume that: (a) actual member renewal rates are 75% for both years 2 and 3, and (b) 25% of
recoverable commission advances in each of years 2 and 3 are expected to prove uncollectible. 4.
How does Pre–Paid Legal account for the transactions described in ... Show more content on
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As a result, lawyers have incentives to provide a higher quality service (by billing for additional
time) than their clients would like. PPLS service changes lawyers' incentives. Under the closed
panel plan, lawyers receive a flat fee per client, and have little incentive to spend excessive hours
providing higher quality services to their clients. Under the open plan, PPLS monitors attorney
billing to ensure that it is appropriate. In both cases PPLS has provided incentives for lawyers to
internalize the costs of providing legal services and to manage billable hours. PPLS's approach is
again similar to that provided by the use of capitation fees for doctors by HMOs in the health
industry to change doctors incentives for performing additional tests on patients. Screen lawyers for
clients. It is costly for clients to screen lawyers to decide which lawyer to hire. PPLS does this for
its clients. What are the business risks for PPLS? Students are quickly able to see that PPLS faces an
adverse selection problem. Yet the company presumably prices its service on the premise that it will
attract a broad range of clients who expect that they may need to use legal services at some
unknown point and want to insure these costs. However, they do not know when they will need to
use the service. Students will point out that this model does not work if the company attracts
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Alternative Fee Arrangements ( Afas )
Despite the growing trend toward alternative fee arrangements (AFAs), most law firms would prefer
they were just a passing fad. Clients, on the other hand, are attracted to AFAs because they offer
predictability at a time when budgets are under increasing pressure. It's not surprising, then, that in a
2014 Canadian Lawyer Corporate Counsel Survey, 75.6 percent of corporate counsels say they
would be receptive if a firm other than their current external law firm proposed an alternate fee
arrangement.
Clearly every firm needs to address AFAs, but before you dive in, be aware of the pitfalls. Some
firms are quoting impossibly low fees to win new clients, then skimping on service to maintain a
reasonable profit. In the end, the client suffers ... Show more content on Helpwriting.net ...
As you embark on this process, you'll blend some simple analysis with a measure of judgment. For
each client, look at the time billed by partners, associates and clerks, and the pro–rated fixed costs
for each file, then place them in one of these four groups:
High Profit – Low Growth Potential: These are the "Cash Machines", clients that produce steady,
attractive profits for the firm. Keep these clients happy and hang on to them as long as you can.
High Profit – High Growth Potential: These are the "Rising Stars", clients producing healthy profits
and billings that will grow substantially over time. Nurture these clients and look for opportunities
to capture more of their business.
Low Profit – High Growth Potential: These are clients that produce thin profits, but have great
future potential. Look for ways to deliver services more efficiently to this group, and ride the profit
curve up as they grow.
Low Profit – Low Growth Potential: These clients produce paltry profits and have dim prospects for
future growth. Trim these clients from your roster.
If it seems like you're breaking new ground here, know that this is standard practice in most other
professional services.
Determine a fair and profitable fee
Litigation work has always been seen as more unpredictable, making it harder to determine a
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The Importance Of A Health And Safety Executive Inspector
Following on from my role as a Health and Safety Executive inspector in assignment 1, I have left
the HSE to become a director of my own small engineering manufacturing business (an SME).
Unfortunately two of my staff has been involved in an accident in the workshop area involving a
collision with a fork–lift truck. One of my worker s was hospitalized with a foot injury. In this
assignment I will create a case study that links to this scenario by regarding the necessary methods
of reporting and recording of accidents, incidents and near misses.
P7
Recording of accidents, incidents and emergencies–
It is important that employers keep a record of any accidents, incidents and emergencies that have
occurred as it is a legal document enforced by RIDDOR. It provides details such as what caused the
injury and who is to blame, this is especially important if the injury is fatal or serious and allows the
employer to make sure the hazard is sorted out. The report will be sent to the HSE so they can
decide what the risk is, how it happened and if it needs to be investigated by a HSE inspector. The
report is also important if an employee would like to start a law suit to sue the company so that the
exact time and date can be seen and if it links to the Injury.
Responsibilities of competent persons–
A competent person must provide suitable training to starting employees to make sure they know
what they're doing and all the hazards that could occur plus how to prevent them. Competent
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Carborundum Case
Carborundum 'Pty Ltd' indicates that it's a company limited by shares. Which is defined as a
company formed on the principal of having liability of its members limited to the amount, if any
unpaid on the shares respectively held by them, Eric, Sanders, Donald Thump and Inventions who
are members of Carborundum only paid up 1cents per share. A shareholder who owns fully paid
shares has no liability to contribute any further amounts to the company. In the event of liquidation,
members must contribute to the company property an amount sufficient to pay the company's debt
and liabilities and the costs, charges and expense of the winding up. However, a member need not
contribute more than the amount if any, unpaid on the shares in respect of which the member is
liable as a member. Creditors do not have access to the personal property of the shareholders in
order to satisfy their debts.
Similar to Solomon, the idea of separate legal entities was being discussed and the same principals
applies to Inventions and Hilary. Where the corporate veil will protect Hilary in his personal
capacity from any liability. Inventions is the subsidiary, of Carborundum. Under Section 46(a), body
corporate is regarded as a subsidiary of another body corporate if the other body corporate controls
composition of the board of directors of the subsidiary. ... Show more content on Helpwriting.net ...
Even though Hilary is the managing director and her company owns shares in Carborundum, she
cannot be liable to pay due to the idea of separate legal entity, unless the debts was incurred when
the company became
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What Are The Advantages Of Safety Culture
Advantages of Developing a Safety–Aware Atmosphere within the Place of work
Safety within the place of work is going through change: changing from an optional extra to some
compliance necessity, firms are actually progressively realizing the numerous advantages of
developing, and carrying out to, a powerful safety culture. These vary from elevated staff morale
and elevated productivity, to reduced injuries–related costs, competitive insurance rates and
enhanced turnover profits and status.
However, encouraging a culture of safety involves greater than mere lip service. Safety–orientated
values, lengthy–term obligations to firm–wide safety, and consistent concrete actions determines
which organisations will reap the rewards of making and looking ... Show more content on
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Any actions, however small, which decision–makers or managers decide to try encourage, promote
or support safety within the place of work may have an optimistic knock–on impact on all
personnel. (Like a corollary, positive verbal communication may have little impact if it's not
supported by similarly positive actions.) The very best actions which senior staff people may take
are individuals which overtly reward safety–oriented behavior in other people. This, above all else,
will be sending a note of the significance of safety towards the organisation.
Altogether, a firm's safety culture is a mix of its values, communications and, most importantly, its
actions.
Working on your Firm's Safety Culture
All firms possess a safety culture – however, not every have an optimistic one. Before you do
something to build up your firms, you have to figure out what kind of safety culture has already
been in position.
Identify Your Personal Culture
The initial step is to talk with the personnel assigned using the organisation's safety – the right
manager or consultant. This gives feedback on which the firm would ideally wish its values to
become. The truth, however, might be quite different, and may simply be evaluated in the ground–
up: by interacting with all of staff people, and determining their awareness from the organisation's
safety
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Consent And Its Types And Legal Fundaments
This essay will introduce the concept of consent, briefly identify its types and legal fundaments,
look at significance of consent in a healthcare provision and illustrate the main issues involved with
patients' consent with midwifery practice as the focal point of interest. According to Medical
Dictionary (2003) 'consent' is an 'act of reason', voluntary agreement to proposed treatment made by
a mentally capable person upon receiving relevant information. Patients' consent is closely
associated with individuals' liberty, person's autonomy and the right to decide about themselves and
their body with assumption of taking full responsibility for decision and its consequences (Frith and
Draper, 2004). Department of Health (2009) precisely defines types of consent: written, verbal and
expressed non–verbally. The validity of consent does not rely upon the type; however, written
consent may serve as evidence. For the validity of patient's consent is essential to determine person's
ability to make a decision, give enough information and clarify if the information given is clearly
understood. Consent is valid only when given 'freely, without pressure or undue influence being
exerted (...) from partners or family members, as well as health or care practitioners' (Department of
Health, 2009 p.11). There is no specific law covering consent issue; however, it is underpinned by
different Acts and rules such as 'The Code. Professional standards of practice and behaviour for
nurses
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The Education For Alien Minors Act
America is known for giving opportunities for those who seek them. Every year, many immigrants
come to this country looking for an opportunity to better their lives. For many, it is a struggle to find
these opportunities. They are being exposed to a new culture, a new language, and a new mentality.
Some immigrants catch a break and go to work right away. But it is not always so easy. Many of the
immigrants who come to America are young people who accompany their families on this odyssey.
They are too young to work and their only option is to continue school. There is a huge barrier
facing them, being and undocumented student means having almost no financial help from the
government, and also having no benefits. There is also the fear of being deported while being a
student. It would be devastating to enroll in school just to be deported a short time after. These
issues have been mitigated for many undocumented students due to the Development Relief and
Education for Alien Minors act, simply known as the DREAM Act. The Development Relief and
Education for Alien Minors Act was first introduced by Representative Luis Gutierrez on April of
2001 as the "Immigrant Children's Educational Advancement and Dropout Prevention Act of 2001."
The purpose of this act would have been to allow undocumented immigrant students to apply to
become protected from being deported, following this; they would have been able to apply for
residency. This act had criteria that individuals had to meet
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Legal Services Act 2007 Analysis
The Legal Services Act 2007 has changed the way in which legal services are regulated in England
and Wales by creating a new structure for legal services. The act allows lawyers and non–lawyers to
form businesses together and also permits non–lawyers to be involved in the management or
ownership of businesses that provide legal services, known as Alternative Business Structure (ABS).
Prior to the commencement of the Act, reserved legal activities were regulated by legal professional
bodies and there were restrictions on the type of business structure through which legal services
could be provided. The Association of Costs Lawyers, formerly known as the Association of Law
Costs Draftsmen, is the representative body for Costs Lawyers. Under
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Rights Of The Legal System
Right to Legal Counsel "Access to justice" refers to one's ability to access the legal system to
enforce one's legal rights. Without access to the legal system, an individual's legal rights are
meaningless. The maldistribution of legal services has rendered "the ideal of equality before the law
an empty promise." Ensuring access to justice is cumbersome, as a constitutional right to legal
counsel will impose a considerable "burden on taxpayers." The Charter of Rights and Freedom (the
"Charter") guarantees the right to legal counsel for criminal matters. Conversely, right to civil legal
aid only arises when "someone's life, liberty, or security of the person is threatened by state action."
The state action requirement excludes all ... Show more content on Helpwriting.net ...
Extra–legal solutions aim to incentivize practicing lawyers to engage in pro bono work. This paper
will focus on incentivizing lawyers to do pro bono work. First, the paper will discuss the main
barrier to pro bono work and then it will suggest a general framework to address the barrier. The
main barrier to pro bono work is liability risk, which should be shifted to an insurance provider.
The main reason behind private practice lawyers' reluctance to take on pro bono cases is liability
risk. In Canada, most practicing lawyers have professional liability insurance coverage. According
to the Federation of Law Societies of Canada ("FLSC") report, in Ontario, 85 out of 125 charges
laid resulted in conviction. Overall, LawPro (main insurance provider to lawyers in Ontario)
received 5140 complaints. Even though there is only 1.65% chance of a successful malpractice
claim (but 68% chance if a charge is laid), lawyers are still fearful of such claims. Lawyers practice
meticulously because mistakes will end their career. For example, the team of lawyers that drafted
the contract in the comma case will likely not be hired again. The legal profession is reputation
based. Clients expect expertise, competence, and perfection. Failure to deliver less than a perfect
document that costs the client money will ruin the lawyer's reputation. The time between the retainer
agreement and closing letter, lawyers are vulnerable. The opposing counsel cannot harm the lawyer
as
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Legal Services Act 2007 And The Impact
Introduction This paper aims to explore the Legal Services Act 2007 and the impact the Act has had
on the role of a Costs Lawyer since implementation. Findings The starting point for this topic has to
be to consider the original Legislation and the rights provided within the same. The Courts and
Legal Services Act 1990 only allowed qualified and regulated Solicitors and Barristers the rights of
audience before a Court in proceedings to which the individual was not a party to. The Access t
Justice Act 1999 made it possible for other professional groups beyond Solicitors and Barristers to
grant rights to their members. A number of bodies took advantage of this including the Association
of Law Costs Draftsman. The Legal Services Act 2007 replaced the Courts and Legal Services Act
1990 on 1 January 2010 and was implemented to liberalise and regulate the market for legal services
in England and Wales. The Act has encouraged more competition and provided a new route for
consumer complaints. The Act was introduced in November 2006 by Lord Falconer Secretary of
State for Constitutional Affairs and received Royal Assent on 30 October 2007. Since
implementation the Act has simplified and improved the regulation of legal service provision in
England and Wales and has created a framework for legal services to be provided. The regulatory
objectives and professional principles are set out in section 1 of the Act. The Act allows lawyers and
non–lawyers to form businesses
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Essay on Recording, Analysing & Using HR & L&D information
Activity 1 There are several reasons why an organisation needs to collect HR data and are no
different. During my review I have discovered the following reasons we are collecting this
information and examples of information that we are collecting: Legal requirements– This has
covered working time regulations, tribunals, accident at work reports To be able to contact family or
individuals– This allows us easy access to personal details in case of accidents, sickness or
emergency contacts To allow for decision making– Information stored allows us to consider
promotions, planning training & associated costs, work force planning Types of information:
Sickness records– Allows HR to track staff sickness and provides ... Show more content on
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As such we must comply with the 8 data protection principles in that personal Data shall: 1) Be
fairly and lawfully processed 2) Processed for limited purposes 3) Adequate, relevant and not
excessive 4) Accurate and up to date 5) Not kept longer than is necessary 6) Processed in line with
your rights 7) Secure 8) Not transferred to other countries without adequate protection. Another
legislation that governs this is the freedom of information Act. This provides the public access to
information held by public authorities. It does this in two ways: Public authorities are obliged to
publish certain information about their activities; and Members of the public are entitled to request
information from public authorities. For the public to gain this information they must provide a
written request with their: Name Address Description of information And can be liable to a cost for
providing this information, but will be entitled to a notice stating reasons if request is refused. Word
count 542 Activity 2 Training department The training department currently consists
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Electronic Discovery And The Legal World Essay
Introduction It is no secret that technology has changed the way that many things are done in our
culture today. The legal world is no exception. When lawyers work on cases, there is usually a lot of
reading involved. This takes a lot of time and a team of lawyers that is expensive to employ.
Electronic Discovery (e–discovery) is technology that has cut down on this time and cost, and has
significantly changed the legal world. It is software that can analyze documents and extract key
words or phrases. In a case concerning CBS, lawyers and paralegals examined 6 million documents
at a cost of $2.2 million. With the use of e–discovery, one company was able to examine 1.5 million
documents for $100,000. E–discovery can help lawyers pick out words, phrases and it can even
detect patterns in behaviors. This software is essential for the legal world because it could prove
guiltiness through uncovering hidden activity of criminals who may otherwise not have been caught.
Discussion Questions 1. Many of the advantages are listed above in the Introduction, but e–
discovery includes much more than just reading through documents. The software can switch to
different medias such as text messages, emails and telephone. The Cataphora software can also
detect the feeling of an email. It can tell if the email has a positive or negative message. The main
advantages, besides being able to sift through millions of documents that may uncover evidence, are
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Legal Aid In Criminal Justice
One thing that needs to be changed within the civil justice system is a victims right to counsel,
especially involving domestic violence victims that have a low–income. The President of the Legal
Services Corporation, James J. Sandman quotes that "Most Americans don't realize that you can
have your home taken away, your children taken away and you can be a victim of a domestic
violence, but have no constitutional right to a lawyer to protect you" Basically, the abuser is entitled
to free legal assistance if they are charged with a crime, but there is no legal right to an attorney for
victims that try to get a restraining order or a protective order in civil cases. As the article would say,
"there is no right to counsel in civil cases." Victims ... Show more content on Helpwriting.net ...
Communities should work together, communicate, organize and help their fellow neighbor more
often. It is great to see that some victim assistance programs are funded through good will
contributions. However, sadly we live in a world where a large majority are consumed with
selflessness, or are forced to do so to live.
References
Bergmark, M. (2016, January 4). How to reduce domestic violence with legal assistance. Fox News.
Retrieved from http://www.foxnews.com/opinion/2016/01/04/how–to–reduce–domestic–violence–
with–legal–assistance.html
Legal Services Corporation. (2017). The unmet need for legal aid. Retrieved February 15, 2017,
from America's Partner for Equal Justice, http://www.lsc.gov/what–legal–aid/unmet–need–legal–aid
Rizos, C. (2016, May 17). MLAC urges state senate to increase investment in civil legal aid –
Massachusetts legal assistance corporation. Retrieved February 15, 2017, from Massachusetts Legal
Assistance Corporation, http://mlac.org/mlac–urges–state–senate–to–increase–investment–in–civil–
legal–aid–2/
Voices for Civil Justice. (2013). What is Civil Legal Aid? Retrieved February 15, 2017, from
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Plaintiff's Legal Billing Summary
NICHOLAS W. ROGERS, ESQ., being duly sworn on oath says: 1) That he is the attorney of
record for Plaintiff in the above–entitled action. 2) That attached hereto as Exhibit A is a true and
correct copy (with redactions and annotations) of Plaintiff's legal billing summary (including a
description of the work performed, the identity of the lawyer or legal assistant performing the work,
and the hourly rate sought for the work performed) for attorney's fees incurred through July, 2017in
the above–referenced matter. 3) That attached hereto as Exhibit B is a true and correct copy of
Plaintiff's costs and disbursements incurred through July 5, 2017 in the above–referenced matter. 4)
That the normal hourly rate for the Attorneys who performed
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The Defense Contractors
One of the challenges that the defense contractors are facing is that their employee wages are the
highest compared to any other industry. This is mainly due to the higher average wages in the
defense industry. For instance, "Raytheon charges the government $90 per hour for administrative
support/clerical work for individuals with a minimum of a high school diploma and two years of
experience, and slightly more than $100 per hour for first–tier management consulting" (Porter,
2015).
One major factor that is contributing to the higher wages among the defense contractors is the
Federal Acquisition Regulations (FAR) which may require a company performing work under a
federal contract to have a unionized workforce. The other major factor is the number of
requirements needed to meet the legal requirements under the Federal Acquisition Regulations
which in and of itself makes the processes and the procedures more complex. In general, these
complex administrative requirements will require an additional workforce that is not required in the
commercial industry. This presents Raytheon with even more reason to use an ABC–oriented
approach which identify and track the costs of activities, so the company can use it to see if activity
costs are in line with industry standards. In fact, "in an ABC system, the costs of the organization's
significant activities are accumulated and then assigned to goods or services in accordance with how
the activities are used in the production of
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Investigation of the Types of Business Ownership Essay
Investigation of the Types of Business Ownership
JCC Limited is a private limited company. Other forms of business ownership include:
The sole trader. This is the most common form of private sector business. This type of business has
one owner who runs the business and may employ any number of people to help. Advantages of
being a sole trader include the lack of legal restrictions, the sole trader is able to set up their business
relatively quickly. Also all profits after tax are kept by the owner. There are a number of
disadvantages to being a sole trader though, the main one being that sole traders have unlimited
liability. This means that if the business gets into heavy debts then the ... Show more content on
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Becoming a PLC tends to be very expensive. This is because, the company may use a financial
institutions to process share applications. A PLC must have a £50,000 share capital and the company
will have administrative and advertising expenses. There are several advantages to being a PLC as
large amounts of money can be made from the sale of shares to the public and because of their large
size PLC's can often dominate the market. However due to the large size of most PLC's the setting
up costs can run into millions of pounds in some instances. Also as the shares are on sale to the
general public it is possible that someone outside the company could take control of it.
Private Limited Companies, JCC Limited is a private limited company. These types of business tend
to be smaller than PLC's. Like PLC's private limited companies have limited liability. This means
that the owner, Mark Du Jardin in the case of JCC Ltd. can only lose what he has originally put into
the business. The shares within a private limited company can only be brought and sold privately
and cannot be advertised for general sale on the stock market. As the only shareholder Mark Du
Jardin must agree on the transfer of shares. Private limited companies are often family run
businesses, such as JCC Ltd. As Mark Du Jardin is the sole shareholder and
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Partnership, Limited Liability Corporation (LLC)
A business is a person's regular occupation, profession, or trade.it is also an organization or
economic system where you can exchange goods and services for one another or for money. Every
business requires some form of investment and enough customers to whom its output can be sold on
a consistent basis to make a profit. Businesses can be privately owned, not–for–profit or state–
owned. There are four different types of business, you have Sole proprietorship, Partnership,
Limited Liability Corporation (LLC), and a Corporation. A sole proprietorship is business that is
unincorporated that is owned by one individual. A partnership is a business ran by two or more
people, it is a legal entity where they join to carry on a trade or business. Limited Liability
Corporation (LLC) is a structure that ... Show more content on Helpwriting.net ...
High GDP in the U.S is what enables its citizens to enjoy high standard of living. The
unemployment rate of civilians is at least 16 unemployed and tried to find a job within the prior four
weeks. Frictional because they did not like the job, boss or conditions, entering the labor force for
the first time, returning after being away for a significant time away. Structural can be caused by
restructuring of firms or by a mismatch between the skills. Cyclical is because of a recession or
downturn. Seasonal is a demand for labor varies over the year. Price indexes inflation. This rise in
prices of goods and services over time. Disinflation is when price increases are slowing down,
Deflation is when prices are declining, Stagflation is when the economy is slowing, and prices are
going up. Consumer price index or CPI is when the monthly statistics measure the pace of inflation
or deflation. Producer price index or PPI measures prices at the wholesale level. The Business Cycle
occurs every 48–60
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New Development Of Contingency Fee Agreements And Damages...
Introduction:
Indeed, the concerns surrounding legal fees are not unfounded. Those seeking legal advice tend to
be in a submissive position and yet it appears that legal professionals take advantage of this
vulnerability by charging excessive fees, for what may be – unbeknownst to the layman–a basic
case. This has led critics to question whether the legal profession has done everything in its power to
address the subject of legal costs–particularly contingency fees– and the issues which they raise,
namely that of conflict of interests and the promotion of access to justice.
Background:
This paper will focus on the relatively new development of contingency fee agreements, of which
there are two: conditional fee agreements and ... Show more content on Helpwriting.net ...
As such, a conflict arises when a lawyer is able to settle a case faster, but in doing so accepts less
money for the client than they would receive should they have gone through trial. Although this may
be looked at with dismay "law firms are businesses and survive only if they kill enough work to
eat". Thus, as the probability for a favourable outcome decreases, a lawyer may opt for a settlement
despite it not necessarily being in the best interests of the client. The chances of a lawyer agreeing to
a settlement offer early on may increase depending on how many similar cases the attorney is
handling. Since their hourly rate may decrease, they trial as not being financially worthwhile.
Hours on Case
Settlement/Judgement
Lawyer's Fee
Hourly Rate
100
£90,000
£30,000
£300
1000
£180,000
£60,000
£60
Figure 1: Example
In these situations, the lawyer should use his skills to benefit the client, yet, he uses his positon of
power and exploits the client's vulnerability. Although ethically reprehensible, such dishonest
practices are difficult to detect since the bargaining parties are seldom equipped with the necessary
knowledge to make an informed judgement concerning the case. It is this, which makes legal fees a
difficult subject to approach – "how [are] lawyers to make a living [while] stay[ing] fairly honest?".
Still, it must be noted that this conflict is not limited to contingency fees. Nevertheless, it is argued
that with contingency fees, by investing a
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The Law Legal System And Cost Management
Introduction
The Master of the Rolls instructed the Lord Justice Jackson to review the rules and principles
governing the costs of civil litigation and to make recommendations in order to promote access to
justice at proportionate cost. Sir Rupert Jackson made a hundred and nine recommendations. This
essay will not delve to analyse each recommendation however its purpose will be to examine to
what extent were the objectives set out achievable. It is crucial at this point to mention that since the
United Kingdom prescribes to the common law legal system and there has not been any established
case law to determine whether the objectives have been achievable or not, my analyse will be
supported by articles from notable law scholars such as ... Show more content on Helpwriting.net ...
Lord Justice Jackson is optimistic that this discretion will only be exercised in exceptional
circumstances however Prof. Zuckerman would find this contradictory in the sense that the Jackson
report demonstrates the judiciary's failure to curb down the costs. He states that history of costs
teaches us that discretion in costs creates expensive satellite litigation and no cost reduction in the
long run.
Cost management in Multi– Track system.
One of Lord Jacksons recommendations to reduce costs of litigation is to control the costs by
proposing a system of cost management. It is defined as the process where the costs incurred by the
defendant or respondent are actively controlled by the courts by determining whether the costs
incurred were rightly incurred or were reasonably incurred.
Lord Jackson goes on further to note the elements pertaining to it and in a sense establishes its
procedure
The essential elements of costs management are the following:
(i) The parties prepare and exchange litigation budgets or (as the case proceeds) amended budgets.
(ii) The court states the extent to which those budgets are approved.
(iii) So far as possible, the court manages the case so that it proceeds within the approved budgets.
(iv) At the end of the litigation, the recoverable costs of the winning party are assessed in
accordance with the
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Electronic Discovery ( E Discovery )
Having experienced and witnessed a lengthy 12–year civil litigation in another country's legal, I was
skeptical about divulging into any more litigations, whether mock or real. My knowledge of civil
litigations prior to the course was limited to those involving contracts, industrial and employee
disagreements, acquisitions and more where a plaintiff usually seeks restoration of rights in terms of
position or monetary compensation. Due to my earlier experience, I knew that discovery meant an
excruciating pre–trial phase of litigations where parties request access to virtually any documents or
testimonials which are considered reasonable in leading them to the "discovery of admissible
evidence". What was new to me was "Electronic discovery ... Show more content on
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Before we went to the hearing we had innumerable discussions within our team. Hearing all of the
different perspectives each had on the same topics was also very helpful in keeping me mindful of
how other eyes and minds look at issues. For instance, it took a while to come to consensus with
regard to "duty to preserve". Few of us felt that the point of issue of the letter of intent was when
legal hold came into place, while others argued that it was when talks were initiated with Cyclops
about purchasing CA. After considerable thought, we finally agreed that Cyclops ' duty likely began
when they realized that the negotiations were going south and they were planning to sue. Since they
were suing, they likely have been holding onto things longer and that our duty to preserve attached
when we likely anticipated litigation. However, we still felt that it was beneficial for us to gather
documentation from the time of initiation of communications. We had to remind ourselves that we
were subject to a litigation hold and that even if we (OD2) has retention policy it seized at that
point. The litigation holds act as a reminder to litigants of their common law duty to preserve
evidence [1].
Next level of concern was to deal with the scope of requests so we could avoid a big data dump but
also not lose out any relevant documents [4]. A strategy was built to achieve this by being explicit
with our
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The Limited Liability Partnership ( Llp )
The limited liability partnership (LLP) is another type of partnership. LLP is "a partnership
consisting of one or more general partners and one or more limited partners" (p. 554). "It was
created to limit the personal liability of the partners of "losing their personal assets to only their own
acts and omissions and to the acts and omissions of people under their supervision" (Nickels,
McHugh, & McHugh, 2013, p. 119). This business form also "allows a partnership to continue as a
pass–through entity for tax purposes" (Miller, 2014, p. 554). However, limited liability partnership
is not recognized as a legal business structure in every state, unlike the general partnership, In
addition, taxing authorities in some states recognize the structure of LLP as a nonpartnership for tax
purposes due to its special structure (Scott & Media, n.d.). There is also a limited partnership, which
has one or more general partners and one or more limited partners. One partner will be a general
partner and has unlimited liability and is active in managing the firm whereas the limited partner
will only invest money in the business but does not have any management responsibility or liability
for losses beyond the investment.
Moreover, corporations are another form of business. A corporation is defined as "legal entity
formed in compliance with statutory requirements that is distinct from its shareholder–owners"
(Miller, 2014, p. 555). The advantages of corporations include the shareholders
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Australian Legal Aid
The importance of legal representation to those considered to be poor or disadvantaged is vital to the
outcome they receive in legal processes. In saying this, eligibility for public funded representation
such as legal aid can be difficult to obtain (Hall 1993). Legal aid provides assistance to people
unable to afford legal representation and access to the court system (Hall 1993). Legal aid is defined
as a grant of legal assistance free–of–charge, for people who cannot afford their own representation
and meet certain criteria such as a means test to determine eligibility (Australian Government 2017).
Published research has illustrated that the chances of people being successful rises from 20 percent
to 35 percent when professionally represented ... Show more content on Helpwriting.net ...
Many Australians often report that the civil justice system is too slow, and litigation costs are too
high (Productivity Commission 2014). The concepts of timeliness and delay are complex elements
of the CJS, involving the delay of courts and government (Reinman & Leighton 2015). It is
estimated that 90 percent of cases in a lower civil court will be finalised within six months of
commencement (Sourdin & Burstyner 2014). Research suggests that 'many litigants in the higher
courts are dissatisfied as a result of delay, inefficiency and disproportioned legal costs' (Sourdin &
Burstyner 2014, p. 48). A litigant of a recent study claimed that his case took five years to settle,
with each dismissal involving more costs (Sourdin & Burstyner 2014). The costs of accessing and
securing legal services is one of the main causes preventing people effective access to the justice
system (Productivity Commission 2014). As Reiman and Leighton (2015) mention, when it comes
to the two parties against one another, it is more likely the one with the higher income will win the
case. In saying this, if a person cannot afford to go to court, that will greatly affect whether they
receive just outcomes in the criminal justice system (Reiman & Leighton 2015). According to
Sanderfur (2009), when people choose not to resolve their disputes through legal professionals, it is
often because of financial costs, uncertainty about rights, and that it would take too long. In saying
this, parties have the option to resolve their disputes in many ways. This includes through the courts,
tribunals, or a relative ombudsmen service (Reiman & Leighton 2015). Each of these options differ
in cost and timeliness (Reiman & Leighton 2015). In recent years, alternative dispute resolution
(ADR) has gained popularity over law suits in state and federal courts (Bergeson 2010). The ADR
process
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Sample Resume On Shopping Village Limited Company
CHALMERS RYAN SOLICITORS
56 Wedderburn Road
Finchley
London N12
Tel:12345678912
Fax:01234567891
Ref:w1590155
Boris Peter Fielding
54 Buckingham Way
Finchley
London
N12 OPT Date: 30th June 2016
Dear Mr. Fielding,
I am writing to provide you with information in relation to the personal injury claim that you want
to bring against Shopping Village Limited Company. First of all, I will repeat the facts in order to
make sure of my knowledge of the incident. Then, as you have previously expressed your concern
about the payment of our firm's fees, I will set out your funding options and advise you with the
most suitable one. Lastly, I will explain the importance and the consequences of a Part 36 offer.
Facts:
On Saturday 12th ... Show more content on Helpwriting.net ...
You also implied that all of these symptoms are making your work as an accountant more difficult
as you have to look at complicated figures for most of the time. Based on these facts along with the
information you have provided in the questionnaire, you decided to bring up a personal injury claim
for the recovery of these losses. You have specifically expressed your concern about paying the fees
of our firm. Therefore, I will now provide all the possible funding methods related to your claim and
identify the most suitable one.
Funding Methods:
There are numerous ways which you can use to fund your personal injury claim;
1) Conditional Fee Agreements (CFAs): A CFA is a legal funding arrangement in which you do not
have to pay for my basic charges as your solicitor if your claim is unsuccessful. In other words, the
fees are only payable if your case is won. In the event of a successful claim, you will have to pay
your own costs for the case and a success fee. Success fee will be calculated as a percentage based
on the costs paid by the defendant and this percentage will be decided prior to the case. The success
fee must be paid from the compensation that you have received. As this is a personal injury claim,
the maximum success fee deduction that can be made from your compensation is 25%. On the other
hand, if you lose the case, there will be no success fee payments but you will be required to pay for
your own disbursements as well as for the legal expenses of
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Corporate Ethics : Corporate Veil And Limited Liability
LAW302 ESSAY
I. Introduction
In recent times, there has been an increased incidence among large scale business organizations to
structure their operations through the form of corporate groups, with many domestic and
international subsidiaries, wholly owned or otherwise, with the corporate veil ensuring that each of
these enjoy separate corporate legal personality and limited liability. The existence of these
'corporate groups', with subsidiary companies being heavily controlled by their parent companies,
have necessitated interpretations and applications of existing corporate legal principles to this novel
context, even in case of the basic tenets of corporate law. The circumstances associated with
corporate veil piercing, through detailed ... Show more content on Helpwriting.net ...
However, this classical model and related literature has an inherent assumption that the ultimate
owners of the company are actual persons and fails to consider and contemplate the possibility of
owners being other corporate structures or provide a brief consideration to this new business form .
While these principles are directed at reducing the risk of the actual persons engaging in the
business, the emergence of corporate groups, with the holding company as the owner, necessarily
means that the holding company, as a shareholder, enjoys this corporate separation and limited
liability to reduce its risk in engaging in the subsidiary's business. The application of the classical
corporate law model into a group enterprise context means that the parent and subsidiary are
separate legal personalities through the veil of corporation, with assets and liabilities of their own
which are unshared. Accordingly, only the assets and capital of the subsidiary can be used to fulfil
its obligations and the holding company, as shareholder, is liable only to the extent of the unpaid
amounts on their shares. Thus, the holding company enjoys limited liability as a shareholder and can
protect its assets from being used to meet the liabilities of the subsidiary, while being the ultimate
controller of the subsidiary in terms of directly influencing its actions, conduct and decision
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Legal Assistance For Legal Aid
Legal aid is a government funded service for legal help for every New Zealander, particularly for
people with low income, and cannot afford a lawyer. The service may help people to resolve their
legal problem that may go to court, and make sure they are not denied justice because they cannot
afford a lawyer. Despite these measures, concerns about the affordability of the legal aid system has
arisen. Legal aid cost continued to grow, where Ministry of Justice encouraged clients to set up a
repayment plan. This matter was considered, because legal aid expenditure was more than $100
million in debts. According to New Zealand Herald (2015), "approximately $10 million of legal aid
debts were written off by Justice Ministry officials in 2014." Why has the Ministry of Justice
concurred to write off millions of dollars from legal aid debtors? How will the taxpayers react? Was
legal aid provided only to people who really needs it? This paper introduces the system of legal aid
and also focussed on the ethical dilemma between legal aid and the society. It is based on the most
valuable material on the theme of literacy.
Life can be hard to go through when a difficult problem and struggles can arise at any given
moment. Legal aid introduced in the 19th century, to give legal assistance for New Zealander with
low income and are unable to afford a lawyer. It has been available almost all court actions across
all levels of the court system. Legal aid provides legal assistance to people
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Forms of Business Ownership
Forms of Ownership There are a number of forms of ownership that the business can take. The main
forms are sole proprietorship, partnership, Limited Liability Corporation, corporation and S
corporation. There are advantages and disadvantages to each of these forms that will be discussed in
this section. A sole proprietorship essentially has the person as the business. In this situation, the
proprietor bears all of the risk involved in the business. Business income flows through to the
proprietor's personal taxes. For some individuals there are tax advantages, but for many the appeal
of the sole proprietorship is its simplicity. The IRS defines a partnership as a relationship existing
between two or more individuals who joint to carry on a business. Partners divide income according
to their own agreement and that income flows through to their personal taxes. Partners also have a
high level of liability for any legal action that befalls the company. Corporations are a different type
of business. They are more complex to start because more paperwork is involved and the
corporation generally has to be registered at the state level. An ordinary corporation is formed
through the articles of incorporation. These corporations are legal entities, and therefore bear legal
responsibility. The shareholders of the corporation do not bear legal liability. In addition, corporate
income is taxed differently it does not flow through to the owner's personal income tax statements.
The
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Organizational Analysis: IBS Logistics Services LTD
CHAPTER–1
ORGANISATIONAL ANALYSIS IBS SOFTWARE SERVICES LTD
IBS is a leading global provider of new generation IT solutions to the Travel, Transportation and
Logistics industries. A specialist in the domain, IBS offers a range of products and services that
manage mission critical operations of airlines, airports, cruise lines, hospitality partners, tour
operators and oil & gas companies that help them increase safety, maximize efficiency, improve
revenue, manage growth and reduce costs.
IBS Mission
To be a leading supplier of IT solutions and services for the Travel, Transportation and Logistics
industry sectors delivering outstanding value and service
Core purpose
Redefining Businesses
Core values
Commitment
Integrity
Passion
... Show more content on Helpwriting.net ...
IBS is a company Operating around 50 Countries all over the world, thus Operating at the edge of
regulations at the international level is yet another regulation faced by the company.
They are handling it by,
The Person Looking after the Legal matters of IBS will continuously scan the legislation framework
to find the legislations and provides inputs to various functions for compliance with the regulatory
environment.
The functions within IBS follow the statutory legislations using the IT systems wherever necessary.
In case the function has specific requirements from IT to comply with some regulatory environment,
ITIS department would take this on priority and ensure compliance.
Legal Department of the IBS will maintain a comprehensive list of all the applicable law and shall
be the custodian for the same. E.g. IT Act 2000. & IPR
Marketing
The Organization market itself mainly through
Digital and Social Marketing–Enhanced presences in the Digital and Social Media through
Corporate
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Strengths And Weaknesses Of The Adversarial System
The adversarial and inquisitorial trial systems are the two most widely used in the world, both
operating in similar but different ways. The adversarial system is a system based on the notion of
two adversaries battling in an arena before an impartial third party, with the emphasis on winning.
There are five main elements of the adversarial system; the role of the judge, the role of the parties,
the role of legal representation, burden and standard of proof and the rules of evidence of procedure.
The inquisitorial system is a method of legal practice in which the judge endeavours to discover
facts while simultaneously representing the interests of the state in a trial. In this system, the judge
is primarily responsible for resolving the case by searching for evidence and questioning the
witnesses as opposed to the adversarial system in which the judge is a passive recipient. In this
essay I will discuss the strengths and weaknesses of both trial systems, look into a case study of
each and then conclude with which system I think is best.
There are many strengths to the adversarial trial system. Each party is empowered to discover the
truth, acting out of self–interest to present the best case and win and are also in control of their own
case, which gives individuals access to the legal system. The basic democratic right to defend
oneself is upheld and the law of the land binds prosecution and defence equally. Each side gets
equal access to exactly the same evidence and
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Business Law Assignment
1.Evaluate the views of the Critical Legal Studies School of jurisprudence. What are the benefits
and drawbacks of using broad notions of fairness in deciding cases? The theory of Critical Legal
Studies removes the common held standards and aspects of general legal practices and looks to
establish a more rounded and equitable remedy in all concerned situations. It is perceived that the
law and its makers look only to protect the interests of those that are in power and that of the
overwhelming social demographic whom create the modern day structure of beliefs, prejudices and
sanctions that are implemented as laws. Fairness, however, in the constant and endless legal domain
would be found at the cost of the consistency that is offered ... Show more content on
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The ability to see, listen and share material with people previously, potentially unreachable assisted
in making the world dynamically smaller. The ease of listening and purchasing is now almost one
and the same. Therefore changes in the law surrounding copyright and protection of the rights and
intellectual property of artists are, and will be for some time yet, difficult to track and administer.
The concerns arising from any changes would be that the creative material may need to be
suppressed, maybe in the form of scrambling, hence making it more difficult for the less established,
and smaller artist to expose their work to the world. Alternatively ignorance of the law and any
changes made would continue to see artists being exploited and not receiving the funds/recognition
that would come with a secure and restructured performance rights act. The key area in the present
public domain is that of file sharing. The issue of downloading and the greater offence of uploading
copyrighted material on peer–to–peer networks and forums without the permission of the copyright
holder immediately takes away any royalties payments for the artist that would have been derived if
the users would have purchased the work through legitimate channels. In recent years crackdowns
on sharing sites their servers and users have resulted in settlements being made for the artists and
copyright holders affected by this but other than implementing greater
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Essay Cafè Xaragua
Budgeting and management control systems Individual assignment #1 – Matteo Ambrogini CASE:
Cafè Xaragua
Questions 1) Prepare a forecast for the first year of operations using the information provided in the
case. Clearly identify your assumptions.
See the frame used to analyze the case in Exhibit 1, the forecast in Exhibit 2, a breakdown of costs
calculations in Exhibit 3, a breakdown of "Equipment & Fixture" costs and time allocation of all
fixed costs in Exhibit 4. ASSUMPTIONS MADE (refer to the framework shown in exhibit 1 to
identify each element: Price, Quantity, Fixed costs, Variable costs): General Assumptions: I assumed
the cafè to stay opened 50 weeks, 350 days per year. Price: All data available from the case. No
assumptions ... Show more content on Helpwriting.net ...
With this set of assumption, we get a loss during first year of 56372.50 $. Running the simulation
with 200 drinks sold (worst case scenario) we get a loss of 133635.50 $. If we run the simulation
with the best case scenario option: 300 drinks, we obtain an EBT of 20890.50 $. The second year of
activity the amounts are raising by a total of 18000.00 $, which represents those expenses occurring
only once. Break Even point could be reached first year with the amount of 288 drinks sold, keeping
prices constant. [149 words]
3) Assuming a 15% operating income return target on the beginning investment, what sales level is
needed to hit this target?
Operating Income = Sales – Operating costs [OPI = S – OPC] We want: OPI = 0.15 * S So: 0.15*S
= S – OPC So: 0.85*S = OPC But: S = Price1*Quantity1 + Price2*Quantity2 + Price3*Quantity3 +
Price4*Quantity4 [P1*Q1 + P2*Q2 + P3*Q3 + P4*Q4], where 1,2,3,4 are respectively: Regular
drink, specialty drink, baked good, coffee bag. With the assumption of 1 customer per drink sold, we
also know that: Q1 = Q2 = Q3 = 5*Q4 (data from the case) Therefore:
(P1+P2+P3+0.2*P4)*Q1*0.85 = OPC So: (3+4+2.5+0.2*16.5)*0.85*Q1 = OPC
10.88*Q1 = OPC But: OPC = Fixed(day) + Variable(day) = 1172 + 0.2*P1*Q1 + 0.2*P2*Q2 +
1.25*Q3 + 0.4*P4*Q4 = 1172 + (0.6+0.8+1.25+1.32)*Q1 = 1172 + 3.97*Q1 So: OPC = 1172 +
3.97*Q1 Substituting in the previous equation: 10.88*Q1 = 1172 +
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The Availability Of Legal Aid
Justice is at the heart of a democratic society. It means laws should apply equally to all, and that
everyone should have the right to a fair trial. It is part of our rights as human beings and we ought to
be able to bring our dispute before an independent judge for them to be settled. This essay seeks to
look at the availability of legal aid in the 21st century and if it is still "open to all, like the ritz hotel"
like suggested by Sir James Mathew.
"What does "access to justice" mean, if not a fully FUNDED legal aid system? Is it a noble
aspiration that should lift our hearts, or is it a load of meaningless tosh peddled by politicians and
lawyers to suit their own self–serving ends?" . Before we can begin to look at Legal aid and its
excerpts, we must explore Access to Justice and what it means in relation to the subject matter.
Access to justice means knowing and being able to enforce your rights and duties, having access to
courts and tribunals. Access to justice is not the same principle with legal aid, rather access to
justice is the principle of being "treated fairly according to the law and if you are not treated fairly
being able to get appropriate redress". "That doesn 't just mean access to lawyers and courts. It
means access to ombudsmen, advice agencies and the police law. It means public authorities
behaving properly. It means everyone having some basic understanding of their rights. It means
making law less complex and more intelligible" .
Why should we
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Proj592 Course Project Part 1
Course Project Part 1
"Consulting Service"
PROJ592 Project Cost & Schedule Control
Table of Contents Executive Summary/Proposal 3 Project Description 4 WBS (Work Breakdown
Structure) 5 Capital Cost Estimates 6 Advanced Cost Estimating Technique 7 Cost Assumptions 9
Financial Analysis 10 Schedule 11
Executive Summary/Proposal
The Consulting Service Company will lean on its relationships that have been built in the project
management industry to take full advantage of an opportunity of a lifetime. We are looking to break
into an industry that is not accustomed to utilizing project management to manage their office
activities. Law firms are a new industry in which the project management professionals are ... Show
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Our company will identify buy–in strategies and apply elements of project management showing
ROI (return on investment) to get the law firm community on board, one lawyer at a time.
WBS (Work Breakdown Structure) 1. Project Management: Starting a Consulting Business 2.1.
Market Research 2.2.1. Seek Business Assistance and Training 2.2.2. Identify Initial Funding 2.2.
Plan the Business 2.3.3. Write a Business Plan 2.3.4. Choose a Business Location 2.3. Determine
the Legal Structure of the Business 2.4.5. Register a Business Name 2.4.6. Get a Tax Identification
Number 2.4.7. Register for State and Local Taxes 2.4.8. Obtain Business Licenses and Permits 2.4.
Finance Business 2.5.9. Identify Assets 2.5.10. Identify Expenses 2.5.11. Create Budget 2.5. Hire
Employee 2.6.12. Advertising 2.6.13. Interviewing 2.6.14. Training 2.6. Identify Computer and
Internet Services Providers 2.7.15. Select Operating System 2.7.16. Select Hardware 2.7.17. Select
Software 2.7.18. Purchase Printer 2.7.19. Purchase Scanner 2.7.20. Test Computer and Connectivity
2.7. Marketing 2.8.21. Create/Design Website 2.8.22. Create IDs for Social Sites 2.8.23. Print Media
2.8. Office
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Cost Of A Private And Domestic Nature
The first part of the question arises issues of deductibility of certain expenses, and apportionment
between the partly private using and partly used as income–producing purpose.
Deductions
A deduction would only be available where the requirements of ITAA 1997 s 8–1 are satisfied. To
be deductible under s 8–1, the expense must be:
1. Incurred in gaining or producing the taxpayer's assessable income, or
2. Necessarily incurred in carrying on a business for the purpose of gaining or producing the
taxpayer's assessable income.
But not:
1. A loss or outgoing of a capital nature.
2. A loss or outgoing of a private or domestic nature.
3. Incurred in relation to gaining or producing the taxpayer's exempt income or non–assessable non–
exempt income, or
4. Otherwise prevented from being deductible under another provision of ITAA 1997.
Among the other rules, the above second negative limb provides that the expense must not be of a
private or domestic nature. So the private using part of the property (upstairs) will not qualify any
deductions. But the set–up of the downstairs for Bill's physiotherapy business makes this part of the
property producing assessable income. Therefore expenditures incurred in property maintenance and
repairing could be deductible against Bill's business income depending on circumstances. While Bill
may claim some of deductions for his expenditures, he will be liable for capital gain tax when he
sold the property.
Apportionment
Assume the area of
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Analyze Political, Social, Ethical, and Legal Differences...
My Business Type Decision for a Successful Company
Ernst Dorval
American Intercontinental University
Abstract
This paper will evaluate the advantages or disadvantages of each business type with the business
issues facing. It will discuss the management decision to make concerning which legal form of
business that will facilitate my firm to succeed.
Key words: Management decision, advantages, disadvantages, legal form of business.
My business Type Decision for a Successful Company My invention of a new home appliance was a
great idea. In fact, it is easier and safer to use than the old appliance products on the market. It will
satisfy consumers. And, it will be appropriate in a wide variety of other products. So, my plan ...
Show more content on Helpwriting.net ...
If a partner is dead the business can easily dissolve, according to Wiley (2005). He clarifies also that
this type provides "limited liability to raise large sums of money." It would be better to have a legal
structure that would avoid these inconveniences when opening a large business. Can the next legal
type of business solve these issues? The Corporation type proposes advantages and disadvantages to
evaluate.
The corporate form contains its advantages. The Dictionary of Finance and Investment Terms
(2006) describes the corporation as a "legal entity, chartered by a U.S. state or by the federal
government, and separate and distinct from the persons who own it... it is regarded by the courts as
an artificial person; it may own property, incur debts, sue, or be sued..." The same dictionary
summarizes also some advantages of the corporate form. It offers a limited liability. The owners can
only lose their own assets. It can also transfer ownership through the sales of the shares of stock. If
an owner dies, the company will not need to dissolve. This form provides the opportunity to gain
capital through expanded ownership, and to facilitate investors to earn more income from the
growth of the firm. This legal form gives some advantages, but also some disadvantages.
Ebert & Griffin (2005) outline three disadvantages to operate a corporation form of business.
First, the corporation requires a high cost, or a lot of fund, to put
... Get more on HelpWriting.net ...

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Designing A Framework For Diagnosing Industry Structure

  • 1. Designing A Framework For Diagnosing Industry Structure MACOM is headquartered in Lowell, Massachusetts, they sell and distribute products globally for networking. They use semiconductor technologies for optical, wireless, and satellite networks. Their products power infrastructure to increase speed and coverage of the mobile internet. MACOM as sixty years of hands on experience, designing and building technologies from radio frequency to light spectrum (MACOM, 2016). Michael Porter formed a basis that consists of five forces of competition. These five forces are meant to be a framework for diagnosing industry structure. Essentially, the idea is to explain the sustainability of profits against bargaining, and direct and indirect competition. The five forces that shape the strategy are, ... Show more content on Helpwriting.net ... Rivalry among competitors relates to the threat of other like businesses. The more competitors that have like products will determines the power of the company. Buyers are likely to shop around to rival competitors if they cannot receive the deal they are looking for, and likewise suppliers look for the company that will pay them the most for their products or services (Investopedia, 2016). MACOM has three major competitors, Ciao Wireless, Satellink Inc., and Digi–Key Corporation. Ciao Wireless designs and manufactures radio frequency (RF) and Microwave Amplifiers for Defense and Commercial Industries (MediaBrains, 2016). Their experience outnumbers MACOM by more than 400 years (creating a better brand identity), and they offer custom designs with delivery options. Satellink Inc supports manufacturing of electronics for aerospace, telecommunications, and radar industries (MediaBrains, 2016). MACOM also supports the aerospace industry along with other telecommunications to delivery information globally, but Satellite keeps an inventory of essential parts for rapid turnaround. This feature can help with fixed costs adding value to the customer. Digi–Key Corporation is a billion dollar company that provides electronic components for delivery worldwide. They stock more than 500,000 products, and they feature them in a catalog along with ... Get more on HelpWriting.net ...
  • 2. Sterling Marking Products MEMO To: James Ondracek From: Sumei Rey CC: Grigorios Livanis Date: July 27th 2014 Re: Foreign Market Entry Proposal – Mark Maker To achieve Sterling's objective of increasing revenue and to capitalize on opportunities in foreign markets, particularly the UK, it is critical to develop a strategy on foreign market entry. While I understand management's concerns regarding focusing on new product innovation and managing ... Show more content on Helpwriting.net ... With growing demand in Canada, there could be a strain on local operations if we want to also meet demand in other markets. And a joint venture poses the same concerns regarding lack of control that we are experiencing in the US in our alliance with Blumberg. Once our subsidiary is established in the UK and once our arrangement with Blumberg is terminated, we may consider pursuing a similar entry strategy in the US to address the previously mentioned issues, which continue to negatively impact our sales. Regarding the other countries that have expressed interest in the Mark Maker, I recommend continuing to explore these opportunities, beginning with Australia, which demonstrates the strongest market potential (Exhibit 3). We would need to gather further ... Get more on HelpWriting.net ...
  • 3. Legal Funding Disadvantages Nowadays, hiring a lawyer in UK and Wales can be quite expensive. A trainee solicitor in Great Britain hourly rate can start from a hundred and eleven pounds per hour and ranges from this to a first grade solicitor in London who would charge four hundred and nine pounds per hour . It is obvious that not everyone can afford the price of justice. Legal funding is vital as this can give a chance to people that are of lesser means, to review their case. There are various types of legal funding that I will examine in my essay for example, legal aid, private funding, conditional fee agreements, damages–based agreements and pro–bono. However, there are some ethical complications related to how these types of funding is used. Are they really used wisely and fairly based on their scope? I am going to consider the advantages and disadvantages of the various types, in order to come to a conclusion. On the other hand, there are many people claiming that technological innovations would be a very good way to compensate for lack of funding. Technological innovations such as, robot lawyer Lisa , Lexis Nexis chatbot and kiosks. Forms of legal funding Legal aid: After the Second World War the Labour Government tried to a build a welfare state in order to reduce the inequalities between rich and poor class . One of their measures was the state– funded legal aid scheme .That would give the opportunity to poorer people to get legal advice and ... Get more on HelpWriting.net ...
  • 4. Unit 4 Mid-Module Assignment. Riley Jay-Crage. ‘The Goal Unit 4 Mid–Module Assignment Riley Jay–Crage 'The goal of legal research is to find laws or precedents that support your arguments and undermine those of the other side.' In the light of this statement discuss the purpose of legal research, and techniques that are available to do it. The purpose of this essay is to explain the importance of legal research as well as cover various research methods and sources and explain why they are beneficial to legal based professionals and individuals. What is legal research and why is it used? Legal research is the process of obtaining the necessary information to support legal cases/decision–making as well as making yourself familiar with the laws surrounding the nature of the case. Legal research ... Show more content on Helpwriting.net ... Below I have listed reliable and commonly used sources of legal information, these sources range from: Printed student textbooks "Student textbooks collect together, analyze, and criticize the law in particular areas. They traditionally deal with an individual area of legal study. There is a wide range of textbooks within various subject" Cases and material books, these are a good way of gathering supporting materials, however they are only a starting point for research but aren't used for finding and reading original materials. Practitioners books, these are primarily used as references by practicing lawyers, and are written by practicing lawyers, it is also worth noting these are generally expensive. Monographs, these are a detailed study usually of a specialized topic, whereas student textbooks cover a wider range of topics, these cover specialized topics in greater depth Journals, these can be used to keep up to date with the latest developments in law, there is a wide range of journals which are all very similar and released regularly, these include general journals, specialist journals, practitioner journals and foreign journals. Conventional and legal dictionaries, legal dictionaries can be used to check if a word has a specific legal meaning and can also be used to identify an unfamiliar term. "The ... Get more on HelpWriting.net ...
  • 5. Advantages And Disadvantages Of Managing Big Data Question 1: Compare and contrast this case with the material in this chapter on Big Data. That is, given the disadvantages of over–retained data, how should an organization (NAIT) manage Big Data? Answer: Organizations end up retaining a lot of data over the years and will continue to do so as they expand and grow. This is true for organizations such as NAIT where every year they see more and more students while also expanding their campus with new buildings which require the storage of big data. In order for NAIT to manage their data, they must make sure that they do not over retain too much data as it will most likely cost them in the future. Some of the disadvantages to over retaining data for NAIT would be unnecessary data storage costs and data migration, potential legal costs, and hidden costs. NAIT is continuously expanding its campus and with every new building, they will have to perform data migration to store information into some of the computers being installed which will cost time and money. If ... Show more content on Helpwriting.net ... Organizations use Big Data to have a bargaining power of customers by using buyer's history to anticipate the needs of those buyers or products or to find a suitable replacement for the product on the website being used, to secure a purchase before the buyer changes their mind. Big data can also be used to increase margins through price discrimination. Big Data can provide you with insights into the raw material prices paid by your supplier. Organizations control new entrants by tying customers to their product and services making it expensive for them to switch suppliers. Big Data is also used to identify and eliminate inefficiencies. It does this by making data more transparent. Large organizations relentless use of data to drive efficiency makes it difficult for new entrants to match ... Get more on HelpWriting.net ...
  • 6. Inplementing Accounting Analysis 1. How does PPLS create value for its customers? What are the critical risks that it has to manage well? 2. How did the pre–1995 commission formula work? Why do you think the company changed its policy? 3. Based on the post–1995 commission formula and information in the case on pricing and commission rates, calculate the cash inflows for premiums and cash outflows for commissions for years 1 to 3 that would arise from the sign–up of 1000 new members at the beginning of year 1. Assume that: (a) actual member renewal rates are 75% for both years 2 and 3, and (b) 25% of recoverable commission advances in each of years 2 and 3 are expected to prove uncollectible. 4. How does Pre–Paid Legal account for the transactions described in ... Show more content on Helpwriting.net ... As a result, lawyers have incentives to provide a higher quality service (by billing for additional time) than their clients would like. PPLS service changes lawyers' incentives. Under the closed panel plan, lawyers receive a flat fee per client, and have little incentive to spend excessive hours providing higher quality services to their clients. Under the open plan, PPLS monitors attorney billing to ensure that it is appropriate. In both cases PPLS has provided incentives for lawyers to internalize the costs of providing legal services and to manage billable hours. PPLS's approach is again similar to that provided by the use of capitation fees for doctors by HMOs in the health industry to change doctors incentives for performing additional tests on patients. Screen lawyers for clients. It is costly for clients to screen lawyers to decide which lawyer to hire. PPLS does this for its clients. What are the business risks for PPLS? Students are quickly able to see that PPLS faces an adverse selection problem. Yet the company presumably prices its service on the premise that it will attract a broad range of clients who expect that they may need to use legal services at some unknown point and want to insure these costs. However, they do not know when they will need to use the service. Students will point out that this model does not work if the company attracts ... Get more on HelpWriting.net ...
  • 7. Alternative Fee Arrangements ( Afas ) Despite the growing trend toward alternative fee arrangements (AFAs), most law firms would prefer they were just a passing fad. Clients, on the other hand, are attracted to AFAs because they offer predictability at a time when budgets are under increasing pressure. It's not surprising, then, that in a 2014 Canadian Lawyer Corporate Counsel Survey, 75.6 percent of corporate counsels say they would be receptive if a firm other than their current external law firm proposed an alternate fee arrangement. Clearly every firm needs to address AFAs, but before you dive in, be aware of the pitfalls. Some firms are quoting impossibly low fees to win new clients, then skimping on service to maintain a reasonable profit. In the end, the client suffers ... Show more content on Helpwriting.net ... As you embark on this process, you'll blend some simple analysis with a measure of judgment. For each client, look at the time billed by partners, associates and clerks, and the pro–rated fixed costs for each file, then place them in one of these four groups: High Profit – Low Growth Potential: These are the "Cash Machines", clients that produce steady, attractive profits for the firm. Keep these clients happy and hang on to them as long as you can. High Profit – High Growth Potential: These are the "Rising Stars", clients producing healthy profits and billings that will grow substantially over time. Nurture these clients and look for opportunities to capture more of their business. Low Profit – High Growth Potential: These are clients that produce thin profits, but have great future potential. Look for ways to deliver services more efficiently to this group, and ride the profit curve up as they grow. Low Profit – Low Growth Potential: These clients produce paltry profits and have dim prospects for future growth. Trim these clients from your roster. If it seems like you're breaking new ground here, know that this is standard practice in most other professional services. Determine a fair and profitable fee Litigation work has always been seen as more unpredictable, making it harder to determine a ... Get more on HelpWriting.net ...
  • 8. The Importance Of A Health And Safety Executive Inspector Following on from my role as a Health and Safety Executive inspector in assignment 1, I have left the HSE to become a director of my own small engineering manufacturing business (an SME). Unfortunately two of my staff has been involved in an accident in the workshop area involving a collision with a fork–lift truck. One of my worker s was hospitalized with a foot injury. In this assignment I will create a case study that links to this scenario by regarding the necessary methods of reporting and recording of accidents, incidents and near misses. P7 Recording of accidents, incidents and emergencies– It is important that employers keep a record of any accidents, incidents and emergencies that have occurred as it is a legal document enforced by RIDDOR. It provides details such as what caused the injury and who is to blame, this is especially important if the injury is fatal or serious and allows the employer to make sure the hazard is sorted out. The report will be sent to the HSE so they can decide what the risk is, how it happened and if it needs to be investigated by a HSE inspector. The report is also important if an employee would like to start a law suit to sue the company so that the exact time and date can be seen and if it links to the Injury. Responsibilities of competent persons– A competent person must provide suitable training to starting employees to make sure they know what they're doing and all the hazards that could occur plus how to prevent them. Competent ... Get more on HelpWriting.net ...
  • 9. Carborundum Case Carborundum 'Pty Ltd' indicates that it's a company limited by shares. Which is defined as a company formed on the principal of having liability of its members limited to the amount, if any unpaid on the shares respectively held by them, Eric, Sanders, Donald Thump and Inventions who are members of Carborundum only paid up 1cents per share. A shareholder who owns fully paid shares has no liability to contribute any further amounts to the company. In the event of liquidation, members must contribute to the company property an amount sufficient to pay the company's debt and liabilities and the costs, charges and expense of the winding up. However, a member need not contribute more than the amount if any, unpaid on the shares in respect of which the member is liable as a member. Creditors do not have access to the personal property of the shareholders in order to satisfy their debts. Similar to Solomon, the idea of separate legal entities was being discussed and the same principals applies to Inventions and Hilary. Where the corporate veil will protect Hilary in his personal capacity from any liability. Inventions is the subsidiary, of Carborundum. Under Section 46(a), body corporate is regarded as a subsidiary of another body corporate if the other body corporate controls composition of the board of directors of the subsidiary. ... Show more content on Helpwriting.net ... Even though Hilary is the managing director and her company owns shares in Carborundum, she cannot be liable to pay due to the idea of separate legal entity, unless the debts was incurred when the company became ... Get more on HelpWriting.net ...
  • 10. What Are The Advantages Of Safety Culture Advantages of Developing a Safety–Aware Atmosphere within the Place of work Safety within the place of work is going through change: changing from an optional extra to some compliance necessity, firms are actually progressively realizing the numerous advantages of developing, and carrying out to, a powerful safety culture. These vary from elevated staff morale and elevated productivity, to reduced injuries–related costs, competitive insurance rates and enhanced turnover profits and status. However, encouraging a culture of safety involves greater than mere lip service. Safety–orientated values, lengthy–term obligations to firm–wide safety, and consistent concrete actions determines which organisations will reap the rewards of making and looking ... Show more content on Helpwriting.net ... Any actions, however small, which decision–makers or managers decide to try encourage, promote or support safety within the place of work may have an optimistic knock–on impact on all personnel. (Like a corollary, positive verbal communication may have little impact if it's not supported by similarly positive actions.) The very best actions which senior staff people may take are individuals which overtly reward safety–oriented behavior in other people. This, above all else, will be sending a note of the significance of safety towards the organisation. Altogether, a firm's safety culture is a mix of its values, communications and, most importantly, its actions. Working on your Firm's Safety Culture All firms possess a safety culture – however, not every have an optimistic one. Before you do something to build up your firms, you have to figure out what kind of safety culture has already been in position. Identify Your Personal Culture The initial step is to talk with the personnel assigned using the organisation's safety – the right manager or consultant. This gives feedback on which the firm would ideally wish its values to become. The truth, however, might be quite different, and may simply be evaluated in the ground– up: by interacting with all of staff people, and determining their awareness from the organisation's safety
  • 11. ... Get more on HelpWriting.net ...
  • 12. Consent And Its Types And Legal Fundaments This essay will introduce the concept of consent, briefly identify its types and legal fundaments, look at significance of consent in a healthcare provision and illustrate the main issues involved with patients' consent with midwifery practice as the focal point of interest. According to Medical Dictionary (2003) 'consent' is an 'act of reason', voluntary agreement to proposed treatment made by a mentally capable person upon receiving relevant information. Patients' consent is closely associated with individuals' liberty, person's autonomy and the right to decide about themselves and their body with assumption of taking full responsibility for decision and its consequences (Frith and Draper, 2004). Department of Health (2009) precisely defines types of consent: written, verbal and expressed non–verbally. The validity of consent does not rely upon the type; however, written consent may serve as evidence. For the validity of patient's consent is essential to determine person's ability to make a decision, give enough information and clarify if the information given is clearly understood. Consent is valid only when given 'freely, without pressure or undue influence being exerted (...) from partners or family members, as well as health or care practitioners' (Department of Health, 2009 p.11). There is no specific law covering consent issue; however, it is underpinned by different Acts and rules such as 'The Code. Professional standards of practice and behaviour for nurses ... Get more on HelpWriting.net ...
  • 13. The Education For Alien Minors Act America is known for giving opportunities for those who seek them. Every year, many immigrants come to this country looking for an opportunity to better their lives. For many, it is a struggle to find these opportunities. They are being exposed to a new culture, a new language, and a new mentality. Some immigrants catch a break and go to work right away. But it is not always so easy. Many of the immigrants who come to America are young people who accompany their families on this odyssey. They are too young to work and their only option is to continue school. There is a huge barrier facing them, being and undocumented student means having almost no financial help from the government, and also having no benefits. There is also the fear of being deported while being a student. It would be devastating to enroll in school just to be deported a short time after. These issues have been mitigated for many undocumented students due to the Development Relief and Education for Alien Minors act, simply known as the DREAM Act. The Development Relief and Education for Alien Minors Act was first introduced by Representative Luis Gutierrez on April of 2001 as the "Immigrant Children's Educational Advancement and Dropout Prevention Act of 2001." The purpose of this act would have been to allow undocumented immigrant students to apply to become protected from being deported, following this; they would have been able to apply for residency. This act had criteria that individuals had to meet ... Get more on HelpWriting.net ...
  • 14. Legal Services Act 2007 Analysis The Legal Services Act 2007 has changed the way in which legal services are regulated in England and Wales by creating a new structure for legal services. The act allows lawyers and non–lawyers to form businesses together and also permits non–lawyers to be involved in the management or ownership of businesses that provide legal services, known as Alternative Business Structure (ABS). Prior to the commencement of the Act, reserved legal activities were regulated by legal professional bodies and there were restrictions on the type of business structure through which legal services could be provided. The Association of Costs Lawyers, formerly known as the Association of Law Costs Draftsmen, is the representative body for Costs Lawyers. Under ... Get more on HelpWriting.net ...
  • 15. Rights Of The Legal System Right to Legal Counsel "Access to justice" refers to one's ability to access the legal system to enforce one's legal rights. Without access to the legal system, an individual's legal rights are meaningless. The maldistribution of legal services has rendered "the ideal of equality before the law an empty promise." Ensuring access to justice is cumbersome, as a constitutional right to legal counsel will impose a considerable "burden on taxpayers." The Charter of Rights and Freedom (the "Charter") guarantees the right to legal counsel for criminal matters. Conversely, right to civil legal aid only arises when "someone's life, liberty, or security of the person is threatened by state action." The state action requirement excludes all ... Show more content on Helpwriting.net ... Extra–legal solutions aim to incentivize practicing lawyers to engage in pro bono work. This paper will focus on incentivizing lawyers to do pro bono work. First, the paper will discuss the main barrier to pro bono work and then it will suggest a general framework to address the barrier. The main barrier to pro bono work is liability risk, which should be shifted to an insurance provider. The main reason behind private practice lawyers' reluctance to take on pro bono cases is liability risk. In Canada, most practicing lawyers have professional liability insurance coverage. According to the Federation of Law Societies of Canada ("FLSC") report, in Ontario, 85 out of 125 charges laid resulted in conviction. Overall, LawPro (main insurance provider to lawyers in Ontario) received 5140 complaints. Even though there is only 1.65% chance of a successful malpractice claim (but 68% chance if a charge is laid), lawyers are still fearful of such claims. Lawyers practice meticulously because mistakes will end their career. For example, the team of lawyers that drafted the contract in the comma case will likely not be hired again. The legal profession is reputation based. Clients expect expertise, competence, and perfection. Failure to deliver less than a perfect document that costs the client money will ruin the lawyer's reputation. The time between the retainer agreement and closing letter, lawyers are vulnerable. The opposing counsel cannot harm the lawyer as ... Get more on HelpWriting.net ...
  • 16. Legal Services Act 2007 And The Impact Introduction This paper aims to explore the Legal Services Act 2007 and the impact the Act has had on the role of a Costs Lawyer since implementation. Findings The starting point for this topic has to be to consider the original Legislation and the rights provided within the same. The Courts and Legal Services Act 1990 only allowed qualified and regulated Solicitors and Barristers the rights of audience before a Court in proceedings to which the individual was not a party to. The Access t Justice Act 1999 made it possible for other professional groups beyond Solicitors and Barristers to grant rights to their members. A number of bodies took advantage of this including the Association of Law Costs Draftsman. The Legal Services Act 2007 replaced the Courts and Legal Services Act 1990 on 1 January 2010 and was implemented to liberalise and regulate the market for legal services in England and Wales. The Act has encouraged more competition and provided a new route for consumer complaints. The Act was introduced in November 2006 by Lord Falconer Secretary of State for Constitutional Affairs and received Royal Assent on 30 October 2007. Since implementation the Act has simplified and improved the regulation of legal service provision in England and Wales and has created a framework for legal services to be provided. The regulatory objectives and professional principles are set out in section 1 of the Act. The Act allows lawyers and non–lawyers to form businesses ... Get more on HelpWriting.net ...
  • 17. Essay on Recording, Analysing & Using HR & L&D information Activity 1 There are several reasons why an organisation needs to collect HR data and are no different. During my review I have discovered the following reasons we are collecting this information and examples of information that we are collecting: Legal requirements– This has covered working time regulations, tribunals, accident at work reports To be able to contact family or individuals– This allows us easy access to personal details in case of accidents, sickness or emergency contacts To allow for decision making– Information stored allows us to consider promotions, planning training & associated costs, work force planning Types of information: Sickness records– Allows HR to track staff sickness and provides ... Show more content on Helpwriting.net ... As such we must comply with the 8 data protection principles in that personal Data shall: 1) Be fairly and lawfully processed 2) Processed for limited purposes 3) Adequate, relevant and not excessive 4) Accurate and up to date 5) Not kept longer than is necessary 6) Processed in line with your rights 7) Secure 8) Not transferred to other countries without adequate protection. Another legislation that governs this is the freedom of information Act. This provides the public access to information held by public authorities. It does this in two ways: Public authorities are obliged to publish certain information about their activities; and Members of the public are entitled to request information from public authorities. For the public to gain this information they must provide a written request with their: Name Address Description of information And can be liable to a cost for providing this information, but will be entitled to a notice stating reasons if request is refused. Word count 542 Activity 2 Training department The training department currently consists ... Get more on HelpWriting.net ...
  • 18. Electronic Discovery And The Legal World Essay Introduction It is no secret that technology has changed the way that many things are done in our culture today. The legal world is no exception. When lawyers work on cases, there is usually a lot of reading involved. This takes a lot of time and a team of lawyers that is expensive to employ. Electronic Discovery (e–discovery) is technology that has cut down on this time and cost, and has significantly changed the legal world. It is software that can analyze documents and extract key words or phrases. In a case concerning CBS, lawyers and paralegals examined 6 million documents at a cost of $2.2 million. With the use of e–discovery, one company was able to examine 1.5 million documents for $100,000. E–discovery can help lawyers pick out words, phrases and it can even detect patterns in behaviors. This software is essential for the legal world because it could prove guiltiness through uncovering hidden activity of criminals who may otherwise not have been caught. Discussion Questions 1. Many of the advantages are listed above in the Introduction, but e– discovery includes much more than just reading through documents. The software can switch to different medias such as text messages, emails and telephone. The Cataphora software can also detect the feeling of an email. It can tell if the email has a positive or negative message. The main advantages, besides being able to sift through millions of documents that may uncover evidence, are ... Get more on HelpWriting.net ...
  • 19. Legal Aid In Criminal Justice One thing that needs to be changed within the civil justice system is a victims right to counsel, especially involving domestic violence victims that have a low–income. The President of the Legal Services Corporation, James J. Sandman quotes that "Most Americans don't realize that you can have your home taken away, your children taken away and you can be a victim of a domestic violence, but have no constitutional right to a lawyer to protect you" Basically, the abuser is entitled to free legal assistance if they are charged with a crime, but there is no legal right to an attorney for victims that try to get a restraining order or a protective order in civil cases. As the article would say, "there is no right to counsel in civil cases." Victims ... Show more content on Helpwriting.net ... Communities should work together, communicate, organize and help their fellow neighbor more often. It is great to see that some victim assistance programs are funded through good will contributions. However, sadly we live in a world where a large majority are consumed with selflessness, or are forced to do so to live. References Bergmark, M. (2016, January 4). How to reduce domestic violence with legal assistance. Fox News. Retrieved from http://www.foxnews.com/opinion/2016/01/04/how–to–reduce–domestic–violence– with–legal–assistance.html Legal Services Corporation. (2017). The unmet need for legal aid. Retrieved February 15, 2017, from America's Partner for Equal Justice, http://www.lsc.gov/what–legal–aid/unmet–need–legal–aid Rizos, C. (2016, May 17). MLAC urges state senate to increase investment in civil legal aid – Massachusetts legal assistance corporation. Retrieved February 15, 2017, from Massachusetts Legal Assistance Corporation, http://mlac.org/mlac–urges–state–senate–to–increase–investment–in–civil– legal–aid–2/ Voices for Civil Justice. (2013). What is Civil Legal Aid? Retrieved February 15, 2017, from ... Get more on HelpWriting.net ...
  • 20. Plaintiff's Legal Billing Summary NICHOLAS W. ROGERS, ESQ., being duly sworn on oath says: 1) That he is the attorney of record for Plaintiff in the above–entitled action. 2) That attached hereto as Exhibit A is a true and correct copy (with redactions and annotations) of Plaintiff's legal billing summary (including a description of the work performed, the identity of the lawyer or legal assistant performing the work, and the hourly rate sought for the work performed) for attorney's fees incurred through July, 2017in the above–referenced matter. 3) That attached hereto as Exhibit B is a true and correct copy of Plaintiff's costs and disbursements incurred through July 5, 2017 in the above–referenced matter. 4) That the normal hourly rate for the Attorneys who performed ... Get more on HelpWriting.net ...
  • 21. The Defense Contractors One of the challenges that the defense contractors are facing is that their employee wages are the highest compared to any other industry. This is mainly due to the higher average wages in the defense industry. For instance, "Raytheon charges the government $90 per hour for administrative support/clerical work for individuals with a minimum of a high school diploma and two years of experience, and slightly more than $100 per hour for first–tier management consulting" (Porter, 2015). One major factor that is contributing to the higher wages among the defense contractors is the Federal Acquisition Regulations (FAR) which may require a company performing work under a federal contract to have a unionized workforce. The other major factor is the number of requirements needed to meet the legal requirements under the Federal Acquisition Regulations which in and of itself makes the processes and the procedures more complex. In general, these complex administrative requirements will require an additional workforce that is not required in the commercial industry. This presents Raytheon with even more reason to use an ABC–oriented approach which identify and track the costs of activities, so the company can use it to see if activity costs are in line with industry standards. In fact, "in an ABC system, the costs of the organization's significant activities are accumulated and then assigned to goods or services in accordance with how the activities are used in the production of ... Get more on HelpWriting.net ...
  • 22. Investigation of the Types of Business Ownership Essay Investigation of the Types of Business Ownership JCC Limited is a private limited company. Other forms of business ownership include: The sole trader. This is the most common form of private sector business. This type of business has one owner who runs the business and may employ any number of people to help. Advantages of being a sole trader include the lack of legal restrictions, the sole trader is able to set up their business relatively quickly. Also all profits after tax are kept by the owner. There are a number of disadvantages to being a sole trader though, the main one being that sole traders have unlimited liability. This means that if the business gets into heavy debts then the ... Show more content on Helpwriting.net ... Becoming a PLC tends to be very expensive. This is because, the company may use a financial institutions to process share applications. A PLC must have a £50,000 share capital and the company will have administrative and advertising expenses. There are several advantages to being a PLC as large amounts of money can be made from the sale of shares to the public and because of their large size PLC's can often dominate the market. However due to the large size of most PLC's the setting up costs can run into millions of pounds in some instances. Also as the shares are on sale to the general public it is possible that someone outside the company could take control of it. Private Limited Companies, JCC Limited is a private limited company. These types of business tend to be smaller than PLC's. Like PLC's private limited companies have limited liability. This means that the owner, Mark Du Jardin in the case of JCC Ltd. can only lose what he has originally put into the business. The shares within a private limited company can only be brought and sold privately and cannot be advertised for general sale on the stock market. As the only shareholder Mark Du Jardin must agree on the transfer of shares. Private limited companies are often family run businesses, such as JCC Ltd. As Mark Du Jardin is the sole shareholder and ... Get more on HelpWriting.net ...
  • 23. Partnership, Limited Liability Corporation (LLC) A business is a person's regular occupation, profession, or trade.it is also an organization or economic system where you can exchange goods and services for one another or for money. Every business requires some form of investment and enough customers to whom its output can be sold on a consistent basis to make a profit. Businesses can be privately owned, not–for–profit or state– owned. There are four different types of business, you have Sole proprietorship, Partnership, Limited Liability Corporation (LLC), and a Corporation. A sole proprietorship is business that is unincorporated that is owned by one individual. A partnership is a business ran by two or more people, it is a legal entity where they join to carry on a trade or business. Limited Liability Corporation (LLC) is a structure that ... Show more content on Helpwriting.net ... High GDP in the U.S is what enables its citizens to enjoy high standard of living. The unemployment rate of civilians is at least 16 unemployed and tried to find a job within the prior four weeks. Frictional because they did not like the job, boss or conditions, entering the labor force for the first time, returning after being away for a significant time away. Structural can be caused by restructuring of firms or by a mismatch between the skills. Cyclical is because of a recession or downturn. Seasonal is a demand for labor varies over the year. Price indexes inflation. This rise in prices of goods and services over time. Disinflation is when price increases are slowing down, Deflation is when prices are declining, Stagflation is when the economy is slowing, and prices are going up. Consumer price index or CPI is when the monthly statistics measure the pace of inflation or deflation. Producer price index or PPI measures prices at the wholesale level. The Business Cycle occurs every 48–60 ... Get more on HelpWriting.net ...
  • 24. New Development Of Contingency Fee Agreements And Damages... Introduction: Indeed, the concerns surrounding legal fees are not unfounded. Those seeking legal advice tend to be in a submissive position and yet it appears that legal professionals take advantage of this vulnerability by charging excessive fees, for what may be – unbeknownst to the layman–a basic case. This has led critics to question whether the legal profession has done everything in its power to address the subject of legal costs–particularly contingency fees– and the issues which they raise, namely that of conflict of interests and the promotion of access to justice. Background: This paper will focus on the relatively new development of contingency fee agreements, of which there are two: conditional fee agreements and ... Show more content on Helpwriting.net ... As such, a conflict arises when a lawyer is able to settle a case faster, but in doing so accepts less money for the client than they would receive should they have gone through trial. Although this may be looked at with dismay "law firms are businesses and survive only if they kill enough work to eat". Thus, as the probability for a favourable outcome decreases, a lawyer may opt for a settlement despite it not necessarily being in the best interests of the client. The chances of a lawyer agreeing to a settlement offer early on may increase depending on how many similar cases the attorney is handling. Since their hourly rate may decrease, they trial as not being financially worthwhile. Hours on Case Settlement/Judgement Lawyer's Fee Hourly Rate 100 £90,000 £30,000 £300 1000 £180,000 £60,000 £60 Figure 1: Example In these situations, the lawyer should use his skills to benefit the client, yet, he uses his positon of power and exploits the client's vulnerability. Although ethically reprehensible, such dishonest practices are difficult to detect since the bargaining parties are seldom equipped with the necessary
  • 25. knowledge to make an informed judgement concerning the case. It is this, which makes legal fees a difficult subject to approach – "how [are] lawyers to make a living [while] stay[ing] fairly honest?". Still, it must be noted that this conflict is not limited to contingency fees. Nevertheless, it is argued that with contingency fees, by investing a ... Get more on HelpWriting.net ...
  • 26. The Law Legal System And Cost Management Introduction The Master of the Rolls instructed the Lord Justice Jackson to review the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost. Sir Rupert Jackson made a hundred and nine recommendations. This essay will not delve to analyse each recommendation however its purpose will be to examine to what extent were the objectives set out achievable. It is crucial at this point to mention that since the United Kingdom prescribes to the common law legal system and there has not been any established case law to determine whether the objectives have been achievable or not, my analyse will be supported by articles from notable law scholars such as ... Show more content on Helpwriting.net ... Lord Justice Jackson is optimistic that this discretion will only be exercised in exceptional circumstances however Prof. Zuckerman would find this contradictory in the sense that the Jackson report demonstrates the judiciary's failure to curb down the costs. He states that history of costs teaches us that discretion in costs creates expensive satellite litigation and no cost reduction in the long run. Cost management in Multi– Track system. One of Lord Jacksons recommendations to reduce costs of litigation is to control the costs by proposing a system of cost management. It is defined as the process where the costs incurred by the defendant or respondent are actively controlled by the courts by determining whether the costs incurred were rightly incurred or were reasonably incurred. Lord Jackson goes on further to note the elements pertaining to it and in a sense establishes its procedure The essential elements of costs management are the following: (i) The parties prepare and exchange litigation budgets or (as the case proceeds) amended budgets. (ii) The court states the extent to which those budgets are approved. (iii) So far as possible, the court manages the case so that it proceeds within the approved budgets. (iv) At the end of the litigation, the recoverable costs of the winning party are assessed in accordance with the ... Get more on HelpWriting.net ...
  • 27. Electronic Discovery ( E Discovery ) Having experienced and witnessed a lengthy 12–year civil litigation in another country's legal, I was skeptical about divulging into any more litigations, whether mock or real. My knowledge of civil litigations prior to the course was limited to those involving contracts, industrial and employee disagreements, acquisitions and more where a plaintiff usually seeks restoration of rights in terms of position or monetary compensation. Due to my earlier experience, I knew that discovery meant an excruciating pre–trial phase of litigations where parties request access to virtually any documents or testimonials which are considered reasonable in leading them to the "discovery of admissible evidence". What was new to me was "Electronic discovery ... Show more content on Helpwriting.net ... Before we went to the hearing we had innumerable discussions within our team. Hearing all of the different perspectives each had on the same topics was also very helpful in keeping me mindful of how other eyes and minds look at issues. For instance, it took a while to come to consensus with regard to "duty to preserve". Few of us felt that the point of issue of the letter of intent was when legal hold came into place, while others argued that it was when talks were initiated with Cyclops about purchasing CA. After considerable thought, we finally agreed that Cyclops ' duty likely began when they realized that the negotiations were going south and they were planning to sue. Since they were suing, they likely have been holding onto things longer and that our duty to preserve attached when we likely anticipated litigation. However, we still felt that it was beneficial for us to gather documentation from the time of initiation of communications. We had to remind ourselves that we were subject to a litigation hold and that even if we (OD2) has retention policy it seized at that point. The litigation holds act as a reminder to litigants of their common law duty to preserve evidence [1]. Next level of concern was to deal with the scope of requests so we could avoid a big data dump but also not lose out any relevant documents [4]. A strategy was built to achieve this by being explicit with our ... Get more on HelpWriting.net ...
  • 28. The Limited Liability Partnership ( Llp ) The limited liability partnership (LLP) is another type of partnership. LLP is "a partnership consisting of one or more general partners and one or more limited partners" (p. 554). "It was created to limit the personal liability of the partners of "losing their personal assets to only their own acts and omissions and to the acts and omissions of people under their supervision" (Nickels, McHugh, & McHugh, 2013, p. 119). This business form also "allows a partnership to continue as a pass–through entity for tax purposes" (Miller, 2014, p. 554). However, limited liability partnership is not recognized as a legal business structure in every state, unlike the general partnership, In addition, taxing authorities in some states recognize the structure of LLP as a nonpartnership for tax purposes due to its special structure (Scott & Media, n.d.). There is also a limited partnership, which has one or more general partners and one or more limited partners. One partner will be a general partner and has unlimited liability and is active in managing the firm whereas the limited partner will only invest money in the business but does not have any management responsibility or liability for losses beyond the investment. Moreover, corporations are another form of business. A corporation is defined as "legal entity formed in compliance with statutory requirements that is distinct from its shareholder–owners" (Miller, 2014, p. 555). The advantages of corporations include the shareholders ... Get more on HelpWriting.net ...
  • 29. Australian Legal Aid The importance of legal representation to those considered to be poor or disadvantaged is vital to the outcome they receive in legal processes. In saying this, eligibility for public funded representation such as legal aid can be difficult to obtain (Hall 1993). Legal aid provides assistance to people unable to afford legal representation and access to the court system (Hall 1993). Legal aid is defined as a grant of legal assistance free–of–charge, for people who cannot afford their own representation and meet certain criteria such as a means test to determine eligibility (Australian Government 2017). Published research has illustrated that the chances of people being successful rises from 20 percent to 35 percent when professionally represented ... Show more content on Helpwriting.net ... Many Australians often report that the civil justice system is too slow, and litigation costs are too high (Productivity Commission 2014). The concepts of timeliness and delay are complex elements of the CJS, involving the delay of courts and government (Reinman & Leighton 2015). It is estimated that 90 percent of cases in a lower civil court will be finalised within six months of commencement (Sourdin & Burstyner 2014). Research suggests that 'many litigants in the higher courts are dissatisfied as a result of delay, inefficiency and disproportioned legal costs' (Sourdin & Burstyner 2014, p. 48). A litigant of a recent study claimed that his case took five years to settle, with each dismissal involving more costs (Sourdin & Burstyner 2014). The costs of accessing and securing legal services is one of the main causes preventing people effective access to the justice system (Productivity Commission 2014). As Reiman and Leighton (2015) mention, when it comes to the two parties against one another, it is more likely the one with the higher income will win the case. In saying this, if a person cannot afford to go to court, that will greatly affect whether they receive just outcomes in the criminal justice system (Reiman & Leighton 2015). According to Sanderfur (2009), when people choose not to resolve their disputes through legal professionals, it is often because of financial costs, uncertainty about rights, and that it would take too long. In saying this, parties have the option to resolve their disputes in many ways. This includes through the courts, tribunals, or a relative ombudsmen service (Reiman & Leighton 2015). Each of these options differ in cost and timeliness (Reiman & Leighton 2015). In recent years, alternative dispute resolution (ADR) has gained popularity over law suits in state and federal courts (Bergeson 2010). The ADR process ... Get more on HelpWriting.net ...
  • 30. Sample Resume On Shopping Village Limited Company CHALMERS RYAN SOLICITORS 56 Wedderburn Road Finchley London N12 Tel:12345678912 Fax:01234567891 Ref:w1590155 Boris Peter Fielding 54 Buckingham Way Finchley London N12 OPT Date: 30th June 2016 Dear Mr. Fielding, I am writing to provide you with information in relation to the personal injury claim that you want to bring against Shopping Village Limited Company. First of all, I will repeat the facts in order to make sure of my knowledge of the incident. Then, as you have previously expressed your concern about the payment of our firm's fees, I will set out your funding options and advise you with the most suitable one. Lastly, I will explain the importance and the consequences of a Part 36 offer. Facts: On Saturday 12th ... Show more content on Helpwriting.net ... You also implied that all of these symptoms are making your work as an accountant more difficult as you have to look at complicated figures for most of the time. Based on these facts along with the information you have provided in the questionnaire, you decided to bring up a personal injury claim for the recovery of these losses. You have specifically expressed your concern about paying the fees of our firm. Therefore, I will now provide all the possible funding methods related to your claim and identify the most suitable one. Funding Methods: There are numerous ways which you can use to fund your personal injury claim; 1) Conditional Fee Agreements (CFAs): A CFA is a legal funding arrangement in which you do not have to pay for my basic charges as your solicitor if your claim is unsuccessful. In other words, the fees are only payable if your case is won. In the event of a successful claim, you will have to pay your own costs for the case and a success fee. Success fee will be calculated as a percentage based on the costs paid by the defendant and this percentage will be decided prior to the case. The success
  • 31. fee must be paid from the compensation that you have received. As this is a personal injury claim, the maximum success fee deduction that can be made from your compensation is 25%. On the other hand, if you lose the case, there will be no success fee payments but you will be required to pay for your own disbursements as well as for the legal expenses of ... Get more on HelpWriting.net ...
  • 32. Corporate Ethics : Corporate Veil And Limited Liability LAW302 ESSAY I. Introduction In recent times, there has been an increased incidence among large scale business organizations to structure their operations through the form of corporate groups, with many domestic and international subsidiaries, wholly owned or otherwise, with the corporate veil ensuring that each of these enjoy separate corporate legal personality and limited liability. The existence of these 'corporate groups', with subsidiary companies being heavily controlled by their parent companies, have necessitated interpretations and applications of existing corporate legal principles to this novel context, even in case of the basic tenets of corporate law. The circumstances associated with corporate veil piercing, through detailed ... Show more content on Helpwriting.net ... However, this classical model and related literature has an inherent assumption that the ultimate owners of the company are actual persons and fails to consider and contemplate the possibility of owners being other corporate structures or provide a brief consideration to this new business form . While these principles are directed at reducing the risk of the actual persons engaging in the business, the emergence of corporate groups, with the holding company as the owner, necessarily means that the holding company, as a shareholder, enjoys this corporate separation and limited liability to reduce its risk in engaging in the subsidiary's business. The application of the classical corporate law model into a group enterprise context means that the parent and subsidiary are separate legal personalities through the veil of corporation, with assets and liabilities of their own which are unshared. Accordingly, only the assets and capital of the subsidiary can be used to fulfil its obligations and the holding company, as shareholder, is liable only to the extent of the unpaid amounts on their shares. Thus, the holding company enjoys limited liability as a shareholder and can protect its assets from being used to meet the liabilities of the subsidiary, while being the ultimate controller of the subsidiary in terms of directly influencing its actions, conduct and decision ... Get more on HelpWriting.net ...
  • 33. Legal Assistance For Legal Aid Legal aid is a government funded service for legal help for every New Zealander, particularly for people with low income, and cannot afford a lawyer. The service may help people to resolve their legal problem that may go to court, and make sure they are not denied justice because they cannot afford a lawyer. Despite these measures, concerns about the affordability of the legal aid system has arisen. Legal aid cost continued to grow, where Ministry of Justice encouraged clients to set up a repayment plan. This matter was considered, because legal aid expenditure was more than $100 million in debts. According to New Zealand Herald (2015), "approximately $10 million of legal aid debts were written off by Justice Ministry officials in 2014." Why has the Ministry of Justice concurred to write off millions of dollars from legal aid debtors? How will the taxpayers react? Was legal aid provided only to people who really needs it? This paper introduces the system of legal aid and also focussed on the ethical dilemma between legal aid and the society. It is based on the most valuable material on the theme of literacy. Life can be hard to go through when a difficult problem and struggles can arise at any given moment. Legal aid introduced in the 19th century, to give legal assistance for New Zealander with low income and are unable to afford a lawyer. It has been available almost all court actions across all levels of the court system. Legal aid provides legal assistance to people ... Get more on HelpWriting.net ...
  • 34. Forms of Business Ownership Forms of Ownership There are a number of forms of ownership that the business can take. The main forms are sole proprietorship, partnership, Limited Liability Corporation, corporation and S corporation. There are advantages and disadvantages to each of these forms that will be discussed in this section. A sole proprietorship essentially has the person as the business. In this situation, the proprietor bears all of the risk involved in the business. Business income flows through to the proprietor's personal taxes. For some individuals there are tax advantages, but for many the appeal of the sole proprietorship is its simplicity. The IRS defines a partnership as a relationship existing between two or more individuals who joint to carry on a business. Partners divide income according to their own agreement and that income flows through to their personal taxes. Partners also have a high level of liability for any legal action that befalls the company. Corporations are a different type of business. They are more complex to start because more paperwork is involved and the corporation generally has to be registered at the state level. An ordinary corporation is formed through the articles of incorporation. These corporations are legal entities, and therefore bear legal responsibility. The shareholders of the corporation do not bear legal liability. In addition, corporate income is taxed differently it does not flow through to the owner's personal income tax statements. The ... Get more on HelpWriting.net ...
  • 35. Organizational Analysis: IBS Logistics Services LTD CHAPTER–1 ORGANISATIONAL ANALYSIS IBS SOFTWARE SERVICES LTD IBS is a leading global provider of new generation IT solutions to the Travel, Transportation and Logistics industries. A specialist in the domain, IBS offers a range of products and services that manage mission critical operations of airlines, airports, cruise lines, hospitality partners, tour operators and oil & gas companies that help them increase safety, maximize efficiency, improve revenue, manage growth and reduce costs. IBS Mission To be a leading supplier of IT solutions and services for the Travel, Transportation and Logistics industry sectors delivering outstanding value and service Core purpose Redefining Businesses Core values Commitment Integrity Passion ... Show more content on Helpwriting.net ... IBS is a company Operating around 50 Countries all over the world, thus Operating at the edge of regulations at the international level is yet another regulation faced by the company. They are handling it by, The Person Looking after the Legal matters of IBS will continuously scan the legislation framework to find the legislations and provides inputs to various functions for compliance with the regulatory environment. The functions within IBS follow the statutory legislations using the IT systems wherever necessary. In case the function has specific requirements from IT to comply with some regulatory environment, ITIS department would take this on priority and ensure compliance. Legal Department of the IBS will maintain a comprehensive list of all the applicable law and shall be the custodian for the same. E.g. IT Act 2000. & IPR Marketing The Organization market itself mainly through Digital and Social Marketing–Enhanced presences in the Digital and Social Media through Corporate
  • 36. ... Get more on HelpWriting.net ...
  • 37. Strengths And Weaknesses Of The Adversarial System The adversarial and inquisitorial trial systems are the two most widely used in the world, both operating in similar but different ways. The adversarial system is a system based on the notion of two adversaries battling in an arena before an impartial third party, with the emphasis on winning. There are five main elements of the adversarial system; the role of the judge, the role of the parties, the role of legal representation, burden and standard of proof and the rules of evidence of procedure. The inquisitorial system is a method of legal practice in which the judge endeavours to discover facts while simultaneously representing the interests of the state in a trial. In this system, the judge is primarily responsible for resolving the case by searching for evidence and questioning the witnesses as opposed to the adversarial system in which the judge is a passive recipient. In this essay I will discuss the strengths and weaknesses of both trial systems, look into a case study of each and then conclude with which system I think is best. There are many strengths to the adversarial trial system. Each party is empowered to discover the truth, acting out of self–interest to present the best case and win and are also in control of their own case, which gives individuals access to the legal system. The basic democratic right to defend oneself is upheld and the law of the land binds prosecution and defence equally. Each side gets equal access to exactly the same evidence and ... Get more on HelpWriting.net ...
  • 38. Business Law Assignment 1.Evaluate the views of the Critical Legal Studies School of jurisprudence. What are the benefits and drawbacks of using broad notions of fairness in deciding cases? The theory of Critical Legal Studies removes the common held standards and aspects of general legal practices and looks to establish a more rounded and equitable remedy in all concerned situations. It is perceived that the law and its makers look only to protect the interests of those that are in power and that of the overwhelming social demographic whom create the modern day structure of beliefs, prejudices and sanctions that are implemented as laws. Fairness, however, in the constant and endless legal domain would be found at the cost of the consistency that is offered ... Show more content on Helpwriting.net ... The ability to see, listen and share material with people previously, potentially unreachable assisted in making the world dynamically smaller. The ease of listening and purchasing is now almost one and the same. Therefore changes in the law surrounding copyright and protection of the rights and intellectual property of artists are, and will be for some time yet, difficult to track and administer. The concerns arising from any changes would be that the creative material may need to be suppressed, maybe in the form of scrambling, hence making it more difficult for the less established, and smaller artist to expose their work to the world. Alternatively ignorance of the law and any changes made would continue to see artists being exploited and not receiving the funds/recognition that would come with a secure and restructured performance rights act. The key area in the present public domain is that of file sharing. The issue of downloading and the greater offence of uploading copyrighted material on peer–to–peer networks and forums without the permission of the copyright holder immediately takes away any royalties payments for the artist that would have been derived if the users would have purchased the work through legitimate channels. In recent years crackdowns on sharing sites their servers and users have resulted in settlements being made for the artists and copyright holders affected by this but other than implementing greater ... Get more on HelpWriting.net ...
  • 39. Essay Cafè Xaragua Budgeting and management control systems Individual assignment #1 – Matteo Ambrogini CASE: Cafè Xaragua Questions 1) Prepare a forecast for the first year of operations using the information provided in the case. Clearly identify your assumptions. See the frame used to analyze the case in Exhibit 1, the forecast in Exhibit 2, a breakdown of costs calculations in Exhibit 3, a breakdown of "Equipment & Fixture" costs and time allocation of all fixed costs in Exhibit 4. ASSUMPTIONS MADE (refer to the framework shown in exhibit 1 to identify each element: Price, Quantity, Fixed costs, Variable costs): General Assumptions: I assumed the cafè to stay opened 50 weeks, 350 days per year. Price: All data available from the case. No assumptions ... Show more content on Helpwriting.net ... With this set of assumption, we get a loss during first year of 56372.50 $. Running the simulation with 200 drinks sold (worst case scenario) we get a loss of 133635.50 $. If we run the simulation with the best case scenario option: 300 drinks, we obtain an EBT of 20890.50 $. The second year of activity the amounts are raising by a total of 18000.00 $, which represents those expenses occurring only once. Break Even point could be reached first year with the amount of 288 drinks sold, keeping prices constant. [149 words] 3) Assuming a 15% operating income return target on the beginning investment, what sales level is needed to hit this target? Operating Income = Sales – Operating costs [OPI = S – OPC] We want: OPI = 0.15 * S So: 0.15*S = S – OPC So: 0.85*S = OPC But: S = Price1*Quantity1 + Price2*Quantity2 + Price3*Quantity3 + Price4*Quantity4 [P1*Q1 + P2*Q2 + P3*Q3 + P4*Q4], where 1,2,3,4 are respectively: Regular drink, specialty drink, baked good, coffee bag. With the assumption of 1 customer per drink sold, we also know that: Q1 = Q2 = Q3 = 5*Q4 (data from the case) Therefore: (P1+P2+P3+0.2*P4)*Q1*0.85 = OPC So: (3+4+2.5+0.2*16.5)*0.85*Q1 = OPC 10.88*Q1 = OPC But: OPC = Fixed(day) + Variable(day) = 1172 + 0.2*P1*Q1 + 0.2*P2*Q2 + 1.25*Q3 + 0.4*P4*Q4 = 1172 + (0.6+0.8+1.25+1.32)*Q1 = 1172 + 3.97*Q1 So: OPC = 1172 + 3.97*Q1 Substituting in the previous equation: 10.88*Q1 = 1172 + ... Get more on HelpWriting.net ...
  • 40. The Availability Of Legal Aid Justice is at the heart of a democratic society. It means laws should apply equally to all, and that everyone should have the right to a fair trial. It is part of our rights as human beings and we ought to be able to bring our dispute before an independent judge for them to be settled. This essay seeks to look at the availability of legal aid in the 21st century and if it is still "open to all, like the ritz hotel" like suggested by Sir James Mathew. "What does "access to justice" mean, if not a fully FUNDED legal aid system? Is it a noble aspiration that should lift our hearts, or is it a load of meaningless tosh peddled by politicians and lawyers to suit their own self–serving ends?" . Before we can begin to look at Legal aid and its excerpts, we must explore Access to Justice and what it means in relation to the subject matter. Access to justice means knowing and being able to enforce your rights and duties, having access to courts and tribunals. Access to justice is not the same principle with legal aid, rather access to justice is the principle of being "treated fairly according to the law and if you are not treated fairly being able to get appropriate redress". "That doesn 't just mean access to lawyers and courts. It means access to ombudsmen, advice agencies and the police law. It means public authorities behaving properly. It means everyone having some basic understanding of their rights. It means making law less complex and more intelligible" . Why should we ... Get more on HelpWriting.net ...
  • 41. Proj592 Course Project Part 1 Course Project Part 1 "Consulting Service" PROJ592 Project Cost & Schedule Control Table of Contents Executive Summary/Proposal 3 Project Description 4 WBS (Work Breakdown Structure) 5 Capital Cost Estimates 6 Advanced Cost Estimating Technique 7 Cost Assumptions 9 Financial Analysis 10 Schedule 11 Executive Summary/Proposal The Consulting Service Company will lean on its relationships that have been built in the project management industry to take full advantage of an opportunity of a lifetime. We are looking to break into an industry that is not accustomed to utilizing project management to manage their office activities. Law firms are a new industry in which the project management professionals are ... Show more content on Helpwriting.net ... Our company will identify buy–in strategies and apply elements of project management showing ROI (return on investment) to get the law firm community on board, one lawyer at a time. WBS (Work Breakdown Structure) 1. Project Management: Starting a Consulting Business 2.1. Market Research 2.2.1. Seek Business Assistance and Training 2.2.2. Identify Initial Funding 2.2. Plan the Business 2.3.3. Write a Business Plan 2.3.4. Choose a Business Location 2.3. Determine the Legal Structure of the Business 2.4.5. Register a Business Name 2.4.6. Get a Tax Identification Number 2.4.7. Register for State and Local Taxes 2.4.8. Obtain Business Licenses and Permits 2.4. Finance Business 2.5.9. Identify Assets 2.5.10. Identify Expenses 2.5.11. Create Budget 2.5. Hire Employee 2.6.12. Advertising 2.6.13. Interviewing 2.6.14. Training 2.6. Identify Computer and Internet Services Providers 2.7.15. Select Operating System 2.7.16. Select Hardware 2.7.17. Select Software 2.7.18. Purchase Printer 2.7.19. Purchase Scanner 2.7.20. Test Computer and Connectivity 2.7. Marketing 2.8.21. Create/Design Website 2.8.22. Create IDs for Social Sites 2.8.23. Print Media 2.8. Office ... Get more on HelpWriting.net ...
  • 42. Cost Of A Private And Domestic Nature The first part of the question arises issues of deductibility of certain expenses, and apportionment between the partly private using and partly used as income–producing purpose. Deductions A deduction would only be available where the requirements of ITAA 1997 s 8–1 are satisfied. To be deductible under s 8–1, the expense must be: 1. Incurred in gaining or producing the taxpayer's assessable income, or 2. Necessarily incurred in carrying on a business for the purpose of gaining or producing the taxpayer's assessable income. But not: 1. A loss or outgoing of a capital nature. 2. A loss or outgoing of a private or domestic nature. 3. Incurred in relation to gaining or producing the taxpayer's exempt income or non–assessable non– exempt income, or 4. Otherwise prevented from being deductible under another provision of ITAA 1997. Among the other rules, the above second negative limb provides that the expense must not be of a private or domestic nature. So the private using part of the property (upstairs) will not qualify any deductions. But the set–up of the downstairs for Bill's physiotherapy business makes this part of the property producing assessable income. Therefore expenditures incurred in property maintenance and repairing could be deductible against Bill's business income depending on circumstances. While Bill may claim some of deductions for his expenditures, he will be liable for capital gain tax when he sold the property. Apportionment Assume the area of ... Get more on HelpWriting.net ...
  • 43. Analyze Political, Social, Ethical, and Legal Differences... My Business Type Decision for a Successful Company Ernst Dorval American Intercontinental University Abstract This paper will evaluate the advantages or disadvantages of each business type with the business issues facing. It will discuss the management decision to make concerning which legal form of business that will facilitate my firm to succeed. Key words: Management decision, advantages, disadvantages, legal form of business. My business Type Decision for a Successful Company My invention of a new home appliance was a great idea. In fact, it is easier and safer to use than the old appliance products on the market. It will satisfy consumers. And, it will be appropriate in a wide variety of other products. So, my plan ... Show more content on Helpwriting.net ... If a partner is dead the business can easily dissolve, according to Wiley (2005). He clarifies also that this type provides "limited liability to raise large sums of money." It would be better to have a legal structure that would avoid these inconveniences when opening a large business. Can the next legal type of business solve these issues? The Corporation type proposes advantages and disadvantages to evaluate. The corporate form contains its advantages. The Dictionary of Finance and Investment Terms (2006) describes the corporation as a "legal entity, chartered by a U.S. state or by the federal government, and separate and distinct from the persons who own it... it is regarded by the courts as an artificial person; it may own property, incur debts, sue, or be sued..." The same dictionary summarizes also some advantages of the corporate form. It offers a limited liability. The owners can only lose their own assets. It can also transfer ownership through the sales of the shares of stock. If an owner dies, the company will not need to dissolve. This form provides the opportunity to gain capital through expanded ownership, and to facilitate investors to earn more income from the growth of the firm. This legal form gives some advantages, but also some disadvantages. Ebert & Griffin (2005) outline three disadvantages to operate a corporation form of business. First, the corporation requires a high cost, or a lot of fund, to put ... Get more on HelpWriting.net ...