Business Law #5 Case Study Example | Topics and Well Written Essays - 500 words

Business Law 5 - Case Study ExampleThe plaintiff asserts that the multiple integrated structure is a ruse, and constitutes an unlawful attempt to defraud the members of the public sustaining injuries. Therefore he contends he is entitled to hold the corporations shareholders, personally liable for the damages seek by him.Carlton wanted the case to be dismissed as the plaintiff had failed to state a cause of action. The court at Special Term granted the motion but the Appellate Division reversed that decision. It held that cause of action had been sufficiently made out. Carlton then appealed against this to the Court of Appeals in New York by snuff it of the Appellate Division on a certified question.The court held that the complaint fell short of adequately stating a cause of action against Carlton in his idiosyncratic capacity. It also held that the order of the Appellate Division should be reversed, with costs both in the Court of Appeals and in the Appellate Division. It furt her held that the certified question is answered in the negative, and that the order of the Supreme Court, Richmond County, be reinstated with leave to serve an amended complaint.The case took a twist on the ground of inadequate cause of action. besides as regards the liability of share holders, the Judge has stated that the liability will be there under certain circumstances, for example, if the corporation is a dummy.

Washington, U.S. Supreme Court Essay Example | Topics and Well Written Essays - 2000 words

upper-case letter, U.S. Supreme Court - Essay ExampleThis led to him being convicted under the clause of foe on the sixth amendment as the 911 c both was enough to have him in jail for the decided time. Issue The issue before the greet in the current case is whether Davis could still be convicted since McCottry did not proclaim against him in court. The court was forced to use the 911 c each(prenominal) recording that was from the call McCottry had do that night to find Davis guilty of domestic violation. The court also used the fact that Davis ran from the scene as a felony that he could easily be found guilty by the Supreme Court if the both issues were put before them. There was also proof that this was not the first time Davis had assaulted McCottry from the recording. Rule The rule in this case is defined by the Washington court 541 U. S. 36 of appeal as well as the Supreme Court where the case required the court to decide whether the clause used which was the confrontatio n could only apply to the testimonial hearsay. The rule insisted the recording bore words which were enough for a testimony. Analysis The confrontation clause requires statements from former(a) sources that must go under the same prohibition to have clear classification to hold the suspect. The case was command against Davis though McCottry never testified they used the recording brought forth by the officer in charge that night. Discussion From the rule it is evident that the confrontation clause could be used to have fair rules regardless of the testimonies. Conclusion The ratiocination in the case to find Davis guilty of domestic felony regardless of absence of the main witness at the trial by using recording made to report the same meant that the confrontation and hearsay can be used to rule fairly. Question 2 Facts In the case of United States v. Odom, U. S. discusses the issue of amiable competency as it relates to a witness report under FRE 601. The defendant Odom was a c andidate for reelection he was the deputy sheriff and was appealing with his team for their convictions arising for casting wild ballots. They were all charged with participation in a plot to vote more than once as required by the constitution and were convicted at all counts. Issue The issue before the court in this case is that the entire defendant has appealed many times with all their appeals being rejected. This is because all the defendants were running for reelection heretofore they had schemed to vote more than once with the excuse of using absentee votes. There is also the fact that the residents of Alexander County were people of advanced age both mentally and physically ill. Rule According to FRE 601, state law governs a witness competency where every witness is deemed competent unless proved otherwise. One of the effects of this rule is to abolish, among other facts, mental capacity as a ground that would reduce a witness competency. Analysis The defendants in the case complained that the court erred in allowing unsworn and bumbling witnesses to testify for the prosecution in the case. In this case, the defendants were challenging the mental competency of the inhabitants of the Rest home. The defendants argued that the witnesses from the Rest home were incompetent to either appear or testify in the trial. According to the defendants, the procedure in which the district court used to resolve the competency of the witnesses was faulty. The defendants proposed a motion that the district judge should have ruled on the competency at the camera hearing. However, according to Rule 601, the trial courts responsibility to rule on the competency of the witnesses is rebutted. The rule states that all witnesses are deemed competent except where state law

Compare and contrast reform under Khrushchev and Gorbachev Essay

Compare and contrast reform under Khrushchev and Gorbachev - Essay Example2009).In 1934 Khrushchev became a ingredient of the partys central committee. He had a close link to Soviet leader Joseph Stalin, and after Stalins death in 1953 Khrushchev surfaced as the new leader. He started restructuring Stalins most sore extremes, and as he criticized some crimes of Stalin which was considered as a dramatic development. Khrushchev as well tried to create fresh dealings with the United States in 1959 he visited the U.S. and met with President Eisenhower (answers.com. 2009).Khrushchev delivered his well-known secret speech in 1956 wherein he exposed the reality of a letter written by Lenin prior to his death. The letter was real of Stalins misdeeds, and Khrushchev made use it as weapon to condemn Stalins rules and practices, mainly the purges that he supported. This denigration led to de-Stalinization, a course that led to reforms, for instance tomfoolery towards government censorship o f the press, transference of economic decision making, and streamlining of the cooperative farm. Concerning foreign policy, Khrushchev promoted peaceful coexistence, and reduction of strain involving the United States and the Soviet Union. At the same clipping Khrushchev was condemned from the start for the recommended reforms, and his political and armed forces failure in the Cuban Missile Crisis made certain his loss of control. In addition, the majority of his reforms were not working by the early 1960s (phs.prs.k12.nj.us/ewood., N.D)The Khrushchevs duration of rule did not limit itself to the financial system. Where as he went on to demonstrate how changing financial requirements were reverberate in the social and political superstructure. The most remarkable aspect after the Stalin period was the reduction of scare and the majority of the labour camps were out of terror and more(prenominal) relaxed. Essential basics of the rule of law were reinstated, as the

Running Header Essay Example | Topics and Well Written Essays - 750 words

Running Header - Essay ExampleLanguage is the tool for expression of thought. This is the central idea whereby this paper is conceived, since we want to turn over the role that language play in the process of thinking.My family have been blessed with opportunity and a particular fascination with travelling, my mother works for a cartridge clip company and she writes articles about the places she visits while my father works for an executive corporation that practically has offices in almost all major cities in Asia. We do family trips all summer and this year we visited Shanghai, one of my memorable trips in the Far East. One of the things I immediately notice, the starting day we arrived is that the city was buzzing with different kinds of noise. Their streets were as busy as the time square in New York, and most of the people drive bicycle to get them to their destination. I had difficulty going somewhat town since most of them scarce speak their native tongue and there were few people who hindquarters converse in English. I had to cut my first day short and went back to our hotel to catch some sleep. The next day was filled will breathtaking scenery from ancient China we visited temples and monasteries, and byword few artefacts and went insides old palaces with huge statues of ancient Important Chinese personality. It made me feel like I did time travel, like I was in the time those dynasties and the emperors. I never thought I could relive and personally witness the evidence of ancient Chinese civilization, that I saw the things that were written only in the academic books I read in class. Now I understand what culture does to a country, I can now relate break to the lessons learn from the mistakes of the past. We returned home with rich memories of ancient China, I immediately framed all the still photos I took and hanged it in one corner of my room to invariably remind me of the knowledge I acquired during this trip.Language no matter how diver se and difficult and in spite of its diversity, play an important role in our precise thinking because it is the key to understanding, according to Philip Atkinson. It is the expression of thought, an act of translating thoughts into words thereby refining understanding (Atkinson. 2004). Language enables man to define the process of his thoughts and make nose out of it. Language is the software that allows our brain to think the way it does, without language the cerebral cortex lies largely unused (Kirby & Goodpaster. 1999). With advance technology and globalisation, language highlights the identification of a major medium of communication that is comprehensible to many, this will define the aims, goals and intention that the thought process wants to attain, it will clarify the subject matter to discuss and set away the non-issues. Language can also be limiting in the superstar that the capacity to ascribe a particular word to a meaning can sometimes be inadequate owing to the i nability to completely convey the message it wants to convey (Chomsky. 2004). Language can also empower our thoughts in the sense that enables us to identify the very core of an idea, an

Microeconomics Math Problem Example | Topics and Well Written Essays - 500 words

Microeconomics - Math Problem ExampleFor example, if the company decides not to fly, it will still incur the fixed costs as they are not related to the output. It will only save the changeable costs. In this situation theres no revenue as riotouss planes are lying idle. In this situation the dissolute will still have to pay its insurance and incur depreciation incurring a injury of $4000. However, if it flies between the two cities it makes a loss of only $2000. Hence, it is better for the company to fly between the two cities. However, if it keeps on making losses and they extend to the long-run, then it is better for the firm to shut-off its operations and enthrone its capital in an industry, where it could make a normal profit.b) At the product price of $28, the production will fall to 5 units. At his point the firm will be making a loss of = 140 - 175 = ($35). Despite the loss, the firm will continue to produce as it covering its variable costs.c) At the product price of $22 , there will be no production at all. Looking at the data, the firm will try to mate its price with MR and the resulting output according to this should be 2 units. However, the revenue gained from this will be only $44, whereas the average costs will be $75, as a result the firm will not produce at all as its revenue is less than average costs and it will only change magnitude the loss if the firm decides to go with the production.S

Keynesian Economic and Monetarist Economic Policy Research Paper

Keynesian Economic and Monetarist Economic Policy - Research Paper ExampleSuch impressive growth was the outcome of Keynesian policies, such as the needs of intervention by the government (Discover the networks, 2012). This period was the golden age of Keynesianism. However, the world scrimping faced a big recession, which resulted from non only rising inflation and unemployment but also dropping economic growth, after 1973. People began to believe the newly risen Monetarism, which claims fiscal policy is not useful, due to the failure of Keynesianism. Keynesian Economic Policies Keynes emphasized that aggregate penury in the economy can be influenced very effectively by fix the levels of government spending as well as tax grades (Nelson, 2006). The neoclassical economic theory could not explain the factors that led to the economic crumple of the country and was also unable to make some appropriate public policy that would help to solve the economic crisis. While the need for a ny liberal of government intervention was rejected by the orthodox neoclassical economists, Keynes advocated that inactiveness on part of the government would only worsen the condition of unemployment in the economy and aggravate the situation of an economic downturn. John Maynard Keynes stated that in order to improve the economies the governments should raise levels of public spending and cut taxes. Neoclassical economists did not wonder of this action in the given economic context since there was an established view embracing the lassie faire mode of the economy that claimed that in the securities industry economy, if the market equilibrium is disturbed, the economy has the potential to make an automatic recovery, without necessitating any government intervention. In contrast to this, Keynes argued that in an economy in which there is the high rate of unemployment with low aggregate demand, the economy would ultimately get weaker if indefinitely demand is allowed to fall short of the productive capacity of the economy. The solution proposed by Keynes was to stimulate demand in the economy. The policy directions made by the economists were discretionary fiscal policy changes that were to the made by the government in accord with the condition of the economy. When the country is in recession, the government is responsible for increasing public spending so that it raises the aggregate demand in the economy. Higher levels of government spending would boost demand both directly and indirectly. Governments expenditure increases the incomes of the workers who make higher levels of demand.

Kingship Comparison of Henry V and Beowulf Essay Example for Free

Kingship Comparison of Henry V and Beowulf EssayThis essay is a comparison of the poufship of King Henry V in the play Henry V written by William Shakespeare and Beowulf in the verse form Beowulf translated by Seamus Heaney. The specific texts to be used for this purpose is the Henry V book of the Folger Shakespeare Library series and the Beowulf poem found in The Norton Anthology of English Literature 7th edition Volume 1, respectively.Henry the fifth part and Beowulf are ideal kings fit to become role models for the leading of today because they have great ideas of their kingship and leadership which made them endure over each of their kingdoms with strength, courage and faith in beau ideals providence as their outset of queen. These similar qualities and characteristics make their kingship successful and fruitful. Henry the Fifth is worth emulating for he is a great and powerful king who h white-haireds his role as a king with highest regard. He manifests his ideas of kingship through his deeds through step up the play.First, he sees his kingship as a serious matter. Thus, he acts responsibly forgetting the wildness of his youth. This is evident in his fulminant transformation from the wild Prince Hal that he was in the past to a responsible and mature King Henry V. This is what Canterbury observes and states The breath no sooner left his amazes body But that his wildness, mortified in him, Seemd to die too yea, at that very mo custodyt, Consideration, like an angel, came, And whippd the offending whirl out of him, Leaving his body as a paradise, To envelop and contain celestial spirits. neer was such a sudden scholar made Never came reformation like a flood, With such a heady current, scouring faults Nor never Hydra-headed wilfulness So soon did lose his seat, and all at once, As in this king (Shakespeare, 13). This change in him is probably because of his desire to be respected as a ruler of his people. Indeed, he has matured over the sente nce that he is required to stand up as a king. Second, he considers that his kingship depends on the will of the people. Hence, he consults his leaders in the beginning he makes a decision.He specifically asks information from the leaders of the church, the Bishops, about the Salic law and his rightful claim to France and if there should be a reason for him to go to war if the king of France wont accede to his claim. He also expresses his worry about leaving the country to go to war against France. He finally decides to go to France after auditory modality the advice of the bishops and after listening to the insult of the Dauphin through his messenger (19-23). Third, he believes that a king should have restraint and self-control. That is why when he was insulted by the message of the Dauphin, he did non react irrationally.He showed cool-headedness with these words We are glad the Dauphin is so pleasant with us His present and your pains we thank you for. When we have matched our r ackets to these balls, we will in France, by theologys grace, play a set to strike his fathers crown into the hazard. He also adds But tell the Dauphin, I will keep my state Be like a king, and show my sail of greatness (35). Moreover, he could have pr correctted the Dauphins messenger from coming out alive from England. Instead, he allowed him safe passage. If he were some other irrational king, he would have taken revenge right away.But he did not and thus, he showed his greatness as a king. He also chose his words well in sending his message to the Dauphin through his uncle Duke Exeter (75). Fourth, he assumes that a king should be brave and courageous to lead his soldiers to war. Therefore, he is not afraid to go to war even if it will cost his own life. He does not leave his soldiers on their own to skin for the country instead he goes along with them and encourages them to move on. Henry V admonishes his soldiers with these words But every draw is smoothed on our way. The n, forth, dear countrymen.Let us deliver Our puissance into the hand of God, Putting it straight in expedition (65) and We are in Gods hand, brother, not in theirs. March to the bridge (119). Fifth, he has concern for his subordinates and his soldiers. When he was still contemplating to go to France to claim his rightful place, he thought of the women and the children who will be left behind when the men will go to war (29) especially that another country might attack their country if the king and all the men are away. He also became worried for his soldiers after he disguised as an ordinary man and talked to some of his soldiers (153).This concern is also demonstrated when he prays O God of battles steel my soldiers hearts. Possess them not with fear (155). Sixth, he knows that his kingship is not a reason for abuse. So when he and his troops have taken over the town of Harfleur, he commands his soldiers not to loot and he tells them to respect and show mercy to every citizen in th at town. He charges Exeter to have mercy on the people and show fairness and justice because he wants to win the peoples loyalty and respect (99). Seventh, he understands that a king should practice impartiality.Thus, he gives punishment to anyone who violates a law of the land or his word even if the person is an old friend, and he gives rewards to anyone who deserves it. King Henry V manifests this characteristic when sea captain Scroop who was very close to him, Earl of Cambridge and Sir Thomas Grey who are also old friends conspired with France to kill him. He then ensnareed that they be arrested for treason (59). Another sheath was when he allowed the execution of Bardolph, a former companion in his younger days, for stealing a communion plate from a church (115).Eight, as a good leader he believes that a king needs to delegate work to his subordinates. This is what he did when he tells his uncle Exeter, brothers Clarence, Warwick and Gloster, and Huntington to go with the K ing And take with you free power to ratify, Augment, or alter, as your wisdoms best Shall see advantageable for our dignity, Anything in or out of our demands (219). And most of all, he believes on a greater power who is the Almighty God whom he considers as his source of power. He continually refers to God in the play.King Henry says But this lies all within the will of God, To whom I do appeal (37) when he decided to go to war against France. He expresses his anxiety by saying Gods will, I pray thee wish not one man more. By Jove, I am not covetous for gold (163) while his soldiers are fighting in the war. At the end of the battle, he speaks to God with these words O God, thy arm was here, And not to us, but to Thy arm alone Ascribe we all When, without stratagem, But in plain shock and even play of battle, Was ever known so great and little loss On one part and on th other?Take it, God, For it is no(prenominal) but thine (199). King Henry V does not take the glory of the victor y in the battle but he praises God for it. Similarly, Beowulf even before he was made a King of the Geats has the qualities of a good and great king as Henry the Fifth is and he is also worth imitating as a leader. The following are the ideas of kingship he manifested. First, Beowulf is compassionate as a leader. When he heard of Heorots predicament because of Grendels deeds, he went to Heorot to fight Grendel and freed Heorot of its miseries (lines 400-460).He has compassion towards people that is why he sacrifices even his own life to save others. Second, he uses his strength which is the gift that God has given him as a way to help people who are in need. This is the means by which he was able to defeat Grendel, Grendels mother and the Dragon in order to free the people who are attacked by these creatures. There are times when he is about to be defeated but because of the great strength which he believes comes from God, he is able to overcome his deadly and monstrous foes.Third, he is a brave and courageous warrior who never steps back from a challenge especially when he fights Grendel and Grendels mother. His bravery and courage can be seen throughout the poem. This was once again proven when as a king who is already old in age still hopes to fight the Dragon that has besieged his own land. Unfortunately, after he killed the Dragon, he also died. Fourth, he knows that a king should rule with discretion. He is even praised by Hrothgar with these words The Lord in his wisdom sent you those words that Beowulf is fit to be king of the Geats and they came (lines 1840-1860).Fifth, as a leader, he has great concern and responsibility for his men. Thus, when he was about to go and fight Grendel, he asks Hrothgar to take care of his men because he might no longish come back alive with his fight against the monster. And the most important of Beowulfs qualities as a warrior and ruler is that he looks up to God as his source of power, guidance and protection. Through out the poem, God is praised with such words as in triumph and gladness. The truth is clear Almighty God rules over mankind and unceasingly has (line 700).Beowulf also expresses in the poem But the lord of Men allowed me to behold- for He often helps the unbefriended and If God had not helped me, the outcome would have been quick and fatal referring to his fight with Grendels mother. In addition, he says So I praise God in his heavenly glory that I lived to behold (line 1779). In conclusion, Henry the Fifth and Beowulf exhibit the good qualities of a great king anchored on strength, courage and faith in Gods providence.Both of them are wise, strong, brave, and devoted to God as their one and only source of power. They have very admirable traits which any king, ruler or leader in these modern days should frame after.ReferencesBeowulf. Translated by Seamus Heaney. The Norton Anthology of English Literature 7th edition Volume 1. Eds. M. H. Abrams and Stephen Greenbalt. USA W. W. Nort on Co. Inc. , 1999, 29-98. Shakespeare, William. Henry V. The Folger Shakespeare Library. Eds. Barbara A. Mowat and Paul Werstine. New York Washington Square Press. 1995.