FINAL ESSAY Example | Topics and Well Written Essays - 500 words

FINAL - Essay Example However, there are possible legal theories that will govern the litigant’s trial strategy. For instance, if the defendant is impecunious and his liability insurance will not cover punitive damages it will not make sense to pursue punitive damages since it is commonly believed that when juror’s award punitive damages they tend to be quire modest in compensatory damages awards. Guided by this legal theory the litigant will likely proceed with a trial strategy that abandons a claim for punitive damages.(Blanchard, p. 502) In Blanchard’s second example, the plaintiff is injured in a car accident in which the defendant driver had consumed alcoholic beverages prior to the accident. While the consumption of alcohol is evidence of the defendant’s negligence the defendant might adapt a legal theory that supports a contention that the plaintiff knew that the defendant had been drinking and therefore voluntarily assumed the risk by getting in the car driven by the de fendant. Based on this legal theory the plaintiff’s trial strategy will involve shifting the focus away from the defendant’s alcohol consumption.(Blanchard, P. 503) There are two methods by which a witness can be compelled to appear at a trial at a specific time for the purpose of cross-examination. One method is by application to the court for a pretrial order requiring the witness to appear for cross-examination. Once the court makes the order the witness is under an obligation to appear or face prosecution for contempt of court. (Blanchard p.510) The second method of compelling a witness to appear at a trial at a particular time for cross-examination is by virtue of a subpoena. Proof of service of the subpoena is necessary following which the court has the authority to hold a non-complying witness in contempt or to delay proceedings until such time as the witness can be brought to court by

331 U.S.1, 67 S. Ct.1047,91 L.Ed.1301,1947 U.S.3021 Essay

331 U.S.1, 67 S. Ct.1047,91 L.Ed.1301,1947 U.S.3021 - Essay Example It was the genesis of the current tax law which states that if a buyer assumes a nonrecourse debt upon the sale of a property, that assumption will be equivalent to receiving cash proceeds from the seller of the property and thus should be included in the calculation of tax. The following section gives a brief of Crane v. Commissioner. (Lau, 2007).   The petitioner’s husband died and because she was the sole beneficiary of the will, she had to inherit all the property he owned. Among the property, there was an apartment he had built on mortgage. Therefore, the petitioner contracted with the mortgaging company to continue operating the property and remit the net rental to the company. The petitioner was the sole beneficiary of the will her husband had written. Her husband owned an apartment building and a lot which were subject to a mortgage. The apartment building was valued at 255,000 US dollars. The petitioner entered into an agreement with the mortgaging company to allow her continue operating the property. The agreement allowed the petitioner to remit the net rentals to the mortgaging company. The apartment building did not have equity and this was because the outstanding balance on the mortgage and the interest in arrearage equaled the total appraisal value of the apartment. This petitioner owned the apartment for seven years and during this time, she claimed depreciation deductions. The petitioner later sold the apartment to a third party for 3000 US dollars which she paid 500 US dollars for expenses incurred during the selling process. The third party also took the apartment subject to a mortgage. Because the petitioner believed that she had no basis on t he property, she took zero depreciation, and thus, the sale of the property generated a gain of 2500 US dollars. The Commissioner of Internal Revenue determined that the petitioner had realized a net taxable gain of 23, 767.03 US dollars. The Commissioner’s theory was that the property was not

SOLUTION TO PARK AND RIDE PROJECT COURSEWORK Assignment

SOLUTION TO PARK AND RIDE PROJECT COURSEWORK - Assignment Example The basic rule for numbering events is that the starting point of an activity is lower than the completion point. Meanwhile, the activities or tasks which need to be completed are represented by arrows. In Figure 1, the tasks indicated in Appendix B were replaced by activity codes using letters. Task duration in days is shown beside their respective codes as numbers in parenthesis. Table 1 presents the activity data for the project with the activity codes, description of each task, normal task duration, the early start (ES), early finish (EF), late start (LS) and late finish (LF) times based on normal duration. The ES and EF times were computed based on the analysis of the network using a forward pass. In a forward pass, computation is made from left to right. The earliest starting time of an activity is the earliest finish time of its predecessor. When an activity has no predecessor, such as for initial activity (or activities), the ES of this activity is 0. The earliest finish time is the sum of the early start time and the duration of the activity (Kerzner, 2009; De Marco, 2011). Meanwhile, the LS and LF times were calculated using a backward pass or a right to left computation. The late start of the final activity is taken as the late finish of this activity and from here the late start of the final activity is computed by subtracting the activity duration from the LS time. If there are two or more terminal activities, the highest LS time of these activities should be adopted as the LS time of the rest of the terminating activities (Kerzner, 2009; Demarco, 2011). Table 1 is presented below and the network diagram is shown as Figure 1 on page 4. Table 1. Activity Data for the Park and Ride Project Using ‘Normal’ Task Durations – Float Times Task Description Duration (in days) Early Start (ES) Early Finish (EF) Late Start (LS) Late Finish (LF) Total Float (TF) Free Float (FF) A Excavate Site 10 0 10 0 10 0 0 B Install Ground Drainage 5 10 15 15 20 5 5 C Install Piled Foundations 10 10 20 10 20 0 0 D Erect Steel Frame 10 20 30 20 30 0 0 E Pour In-situ Concrete Floors 9 30 39 30 39 0 0 F Install Electricity, Lighting and IT Cabling 10 39 49 39 49 0 0 G Electrical and Lighting Fit Out 8 49 57 51 59 2 2 H Fix IT Hardware and Screens 10 49 59 49 59 0 0 I Tar-macadam to Access Ramps and Parking 4 49 53 55 59 6 0 J Fix Automated Entrance Barriers 3 49 52 56 59 7 7 K Commission Services and IT Equipment 10 59 69 59 69 0 0 L Landscaping 10 53 63 59 69 6 6 1. The critical path based on the ‘normal’ activity durations There are three ways of determining if an activity is critical. First, from the tabulation of the ES, EF, LS and LF times, if the ES and EF times of an activity are identical to the LS and LF times, then this activity is critical. An examination of Table 1 revealed that seven activities are critical and these are highlighted in blue and bold font in the table. These are activities are: A, C, D, E, F, H, and K. Another way of determining which activities are critical is by computing the float or slack. Float or slack is the difference between the early schedule (ES, EF) and the late schedule (LS, LF). Tasks with zero (0) float are critical (Kendrick, 2010). As reflected in Table 1, the critical activities have 0 total float and 0 free float. To differentiate, total float is the amount of time (i.e. days, in this project) that an activity can

The current status of immigration, proposed changes to immigration Research Paper

The current status of immigration, proposed changes to immigration policy, and what all of this means for HR - Research Paper Example An analysis of current and required legal immigration policies is being discussed with the implication to Human Resources. An Overview of Immigration Laws: Federal immigration law of United States establishes if any person is eligible to gain residence or citizenship within the country. The law provides a means through which certain individuals may become legally naturalized citizens with all rights of citizenships. It is the responsibility of Federal government to determine the immigration policies by controlling visa processes. There are two types of visas: â€Å"immigrant visas† and â€Å"non immigrant visas†. Primarily the visitors or tourists are issued non-immigrant visas. However, the holders of immigrant visas may be permitted to stay in the United States by fulfilling few legal requirements (Walsh, 2013). Legal requirement for Immigrants: United States, policy makers are providing immigration support to its current and other Foreign Nationals as per their immig ration policies underlining the areas of Human Resource so they can make a significant contribution in the workforce of any organization. There are legal terms, which are used for individuals who are migrating to the United States depending on their visa status and immigration status: Foreign National: is a term used for members who are not citizens of United States. They can be Lawful Permanent Resident (â€Å"green card† holder), Refugee or Temporary Resident as per1986 amnesty program when they were appointed by any organization. Nonimmigrant Visa Status: is a temporary immigration position, which provides permission for a Foreign National to work or study at any University. It includes H-1B status, TN status, and O-1 status. Immigrant Status, Permanent Residence or â€Å"green card†:  is the term given to a status, in which individuals have the right to live, work or study in the United States. A close family member or an employer may sponsor these persons to bec ome permanent residents (Walsh, 2013). Confirmation of Employment Authorization   As per the policies it is required by the federal law that all employees which are hired after November 6, 1986, without prejudice, whether the person is U.S. or foreign-national, has to sign United States Citizenship and Immigration Service Form I-9, the Employment Eligibility Verification.  Employees must complete Section 1 of Form I-9 and give all original  documents or documents as required so that their identity is established. The Director of Employee and Labor Relations then reviews this copy and the information is recorded (Walsh, 2013). Employment of Foreign National Workers As per the policies for Foreign National workers, employees will not be allowed to work for any organization until approved by federal law.   The organization’s Human Resource Department will determine if the Foreign National is authorized to begin employment. In order to be employed by the University, the w orker must have a Nonimmigrant Visa or Employment Authorization Document, which is not expired (Walsh, 2013). Immigration Sponsorship does not affect or replace Employment Policies There may be any employer’s conformity or willingness to sponsor any foreign worker for legal permanent residence. It may not be a contract of employment and may not supersede any of the employer’

Natures deadliest animals in brazil Essay Example | Topics and Well Written Essays - 1000 words

Natures deadliest animals in brazil - Essay Example ul research shows, however, that nature’s deadliest animals in Brazil are much more dangerous to other animals in their habitat, than to human beings. One of the creatures that is the most deadly in Brazil is a relatively common fish called the piranha. It is usually quite small, between 15 cm and 26 cm in length and it is very plentiful in the Amazon region. (St Louis and Chandler, p. 111) Its normal behavior is to scavenge for food from dead fish, plants and insects in the river and so it plays a useful role in cleaning up the environment. People very rarely are attacked by piranha but when a large mammal is attacked, it can be extremely shocking, since the piranha come in great numbers and nibble at the body. The reputation of this fish is actually much worse than its real nature, because it usually avoids human beings and concentrates on smaller prey. Only one particular situation can be very dangerous for humans, and that occurs when the river is low. Piranhas can get trapped in tributaries or lakes that get cut off from the main river. This means that their food supply disappears and in that case they will attack almost anyt hing because they are desperate for food. It is noted that â€Å"confirmed accounts of human fatalities caused by piranhas are extremely few, but plenty of Amazonian river folks have scars or missing fingers to testify just how sharp and vicious those little triangular teeth can be.† (St Louis and Chandler, p. 104) Many people are afraid of another small creature, which is technically an insect rather than an animal, namely the spider. In Brazil there are several species of the biggest spiders of all: tarantulas. These include the Brazilian yellowbanded, the Brazilian salmon, the Brazilian black and the Brazilian graysmoke, as well as many others which are common across the South American continent (Tarantula facts website). The way that tarantulas capture and kill their prey is quite disgusting from a human point of view, but

Employment Laws in UK Replacing the Collective Laissez-Fair System Essay

Employment Laws in UK Replacing the Collective Laissez-Fair System - Essay Example This paper illustrates that before the introduction of the statutory employment law what was commonly in use was the laissez- fair that lost its significance later after the introduction of the statutory laws. This has made the collective bargaining to lose its significance considerably and instead the statutory laws have become more important. This has resulted into the emergence of new employment patterns in addition to employment disputes. This is clear indications that in the modern day workers depend on law rather than on the collective bargain. The rise of groups lobbying for the rights of workers has continually attacked the tenets of laissez faire through the enforcement of the labor laws. Laissez faire, which advocates for equal competitive chances for all hence survival of the fittest is currently seen as discriminative, offensive and unfair. Not only has individuals and organizations come up with new strategies, but the government has also come up with strategies aimed at protecting the consumers and investors. These regulations deal a great blow to the capitalist nature of businessmen as dictated by the laissez-faire policy. According to the Labor & European Law Review Index, there are articles, acceptable by the law that dictates on the associations at the workplace. Among the regulations in the index are the age regulations. This dictates that investors cannot hire children of a given age. Moreover, there are conditions that have to be fulfilled before an investor can hire women, children or the disabled. This restricts the freedom granted by the laissez-faire where one can hire whoever has the skills to complete the task at hand. Another challenge posed by the LERL is the employment rights, equality, and compensation. As it is widely accepted, Laissez faire is centered on the benefit of the investor but not the employees. It encourages manipulation of the workers as long as they fulfill the demands of the employer. An incompetent worker is automa tically dismissed. However, with the coming of the regulations, these freedoms are curtailed. The freedom of information means that the workers are no longer regulated. Access to information means that the workers are fully aware of their rights. They are therefore empowered to fight for their rights. On the other hand, the employers’ hands are tied as the labour regulations allow for such. Therefore, the employer ceases becoming the top-most authority, as is the case in laissez-faire. The employer also cannot fire the workers at will since that would be a breach of contract and the employer can be arraigned in court for that. Through these regulations, the employer loses the much control that is availed by the laissez-faire system. The UK Department for Business Innovation and Skills (BIS) has also formulated policies that are aimed at bringing a balanced and sustainable growth. On the face of it, this may seem like a great idea, but not in the eyes of investors who believe in the Laissez faire. Under these policies are some policy areas of interest. According to the BIS, these areas include business law, better regulation, consumer issues and business sectors among others. These are the key areas that threaten the continuity and functionality of the laissez faire system. Of greatest impact is the business law. This law is divided into segments which dictate how various functions in a business entity should be carried out. This alone inhibits the freedom of investors. Furthermore, these regulations call for corporate governance. This comes in line with the corporate social responsibility.

Just answer the Question Essay Example | Topics and Well Written Essays - 250 words

Just answer the Question - Essay Example It is undoubted that human beings have played a significant role in climate change leading to depredation of the biosphere and extinction of vast species of flora and fauna. With no qualm, the earth’s biodiversity faces constant threats that would merit some intervention. However, time is a healing factor. Let the earth be for the next one million years and the current tribulations it faces will be past tense, safely buried in the world of history. If the world needs no saving, what does? Humanity is obviously under threat. Human beings are headed for extinction taking many more species with them besides the ones that have already disappeared. The human race population is fast skyrocketing and will soon surpass the carrying capacity of the earth (Cobb Para 5). Human activities such as burning of fossil fuels releasing excess carbon dioxide into the atmosphere, thus accentuating global warming can only do more harm to humans and other species essential for the continuity of humanity. Consequently, man’s efforts to curb adverse phenomena such as global warming are focused more on saving humanity rather than the world. Therefore, the world needs no saving as does humanity because it can cope with its tribulations over