...Spend Analysis Daniel Wheeler BUS 307 Operations Management & Quantitative Techniques Prof. Aaron Hensley January 26, 2014 Spend Analysis Because of today’s enormously competitive industry surroundings, spend analysis has turned out to be an essential strategic device. There are now a lot of foundations which use the spend analysis procedure; it becomes very important for the remaining associations to embrace this procedure in order to continue being competitive and contend in today’s worldwide markets. It is financially vital for associations to settle on educated spending decisions. Spend analysis furnishes this avenue by distinguishing opportunities to combine spending in order to arrange greater contracts, confirm and lessen maverick spending, and lastly enhance acquisition operations and dealer performance. Most of these conglomerations join programming applications into this procedure; however programming alone will not complete the task. In this paper, I will show the analytical information skills which are essential to accurate and proficient spend analysis, explain how consolidating an organized methods, for example Six Sigma technique can result to team effectiveness, and demonstrate how incorporating other key capacities can make a synergistic, effective spend analysis group. Data analysis needs excellent analytical abilities and detailed guidance in order to create precise decisions with regards to spend analysis. There are a lot of conglomerations...
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...CONTENT (50 points) | |Excellent: 9-10 |Satisfactory: 7-8 |Weak: 0-6 |Grade | |Thesis |Clearly stated and |Clearly stated but lacking |Thesis unclear or missing | | | |appropriately focused |sharp focus | | | | | | | | | |Analysis |Clearly relates evidence to |Evidence related to main points|Evidence not explained or | | | |points; addresses audience |with some clarity; addresses |connected to larger argument; | | | |concerns; effectively reaches |most audience concerns; reaches|fails to consider audience; | | | |purpose |purpose |purpose unclear | | |Attribution |Attribution with author’s last |Attribution with author’s last |Difficult to distinguish | | | |name for all borrowed ideas |name distinguishes student’s |student’s ideas from source’s | | | |adds clarity...
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...INTRODUCTION Precedent is created by judicial decisions which may be given either by a supreme or a subordinate Court. A judicial precedent contains in itself a principle of law. Judicial precedents are an important source of law. They have enjoyed high authority at all times and in all countries . the common law of England has been built up the decisions of England judges. There are so many reasons why precedents operates as an authoritative source of law and it also has many kinds according to its probative force. decisions than to the views of text writers. A judicial precedent speaks with authority. It is an evidence of law and source of it. The authority of precedents is great because of power, skill and professional reputation of judges who make them. Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis, which is Latin for "let the decision stand" i.e. to stand by the decided. In practice, this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. Judge made law via the cases upon which they decide is one of the oldest sources of law. This provides in the law consistency and predictability. Judicial precedent means a judgment of a court of law cited as an authority for deciding a similar set of facts; a case which serves as authority for the...
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...Parents tell it to their kids and teachers tell it to their students: “Be yourself.” It’s easier to say it than to do it. Being an individual is more than just looking different; it’s in the way we talk, think, react, and the way we listen. It doesn’t mean following a crowd of rebels because they’re not mainstream. That would just lead to another crowd that has the same scheme. Individuality is the most powerful form of expression. It all starts with your name, better known as “the real first impression.” For a long time, I really hated my own name, first and last. I didn’t know if I was named after someone, or if these names actually had a past. If it was actually a name, I wanted to know what it meant. One question I had was, “is my name English, or should I say it with an accent?” I especially hated my last name, because of the jokes from my classmates. “Why are you dressed so fancy?” as if my name was a bad trait. Now that I’m older, I appreciate my name. I haven’t read another story where our titles are the same. A name is just a name, so I knew I could get through it. What I do will set me apart, as well as how I do it. Trends flooded my high school of OHS. We all wanted to fit in, but no one wanted to confess. Snapbacks and jeans so tight that it was hard to breathe. I always thought glasses were made for people who couldn’t really see. To keep with the passing trends, a mind needed incredible speed. A shoe that was a small want a week ago becomes an outfit of great...
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...2012 Assessment Report 2012 Legal Studies GA 3: Written examination GENERAL COMMENTS The 2012 Legal Studies examination was challenging for many students. Many common misunderstandings about various aspects of the legal system were evident in responses to the examination. Few students were able to demonstrate knowledge of a directions hearing. Incorrect cases were used as examples of the High Court protecting rights. In Question 3a. few students correctly identified that the Court of Appeal was higher than the Supreme Court (Trial Division) in the court hierarchy. Many students had a limited understanding of the operation of section 109 of the Constitution and struggled to provide a thorough response to Question 3b. Students should become familiar with the study design throughout the year. Students are expected to demonstrate the ability to discuss, explain and evaluate. Students’ ability to evaluate requires more attention. Students should not rely on rote-learned or pre-prepared answers as they will rarely address the question. Time management was an issue in this examination, with many students writing lengthy responses to questions that only required a shorter response, therefore not allowing enough time for longer questions. A shorter question that asks for an outline (for example, Question 1a.) requires no more than one or two sentences in response. Good examination technique is essential and students should practise their technique throughout the year. If students continue...
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...Question 4 At this point, it is easy to see that the board was not sufficiently representative of the stakeholders to meaningfully present and understand the important issues facing the company. Moreover, there was no one with sufficient technical expertise to appreciate the significance of the health issues or the biological impact on the environment. The lawyer may have felt a conflict of interest, in that he was both a director and a paid counsel. In any event, his view was limited to current and past legal precedent, not to the future, or to non-legal perspectives. This is functional fixation which can mislead a corporation into short-range thinking. The result of this analysis should be the realization that to properly govern a company, the board should have effective representation from all important stakeholder groups, and/or effective access to and information from representative groups or ethics experts. This analysis will highlight the value in appointing "outside" directors (who don't rely on the organization for their livelihood) and also women directors to insure that all aspects of an issue will be understood and argued effectively. Question 5 Jack might blow the whistle if he thinks that the wrong decision is made or if the process is suppressed or if too much delay is involved. This would (did) involve regulatory sanction including fines, shut down, loss of market, loss of profit, and ultimately loss of control to creditors. If Jack doesn't blow the...
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...INTRODUCTION On the face of it, Jack, Jill and Marco have formed a partnership and based on their draft agreement should share equally the $200,000 annual royalty paid by Hyper Games Ltd for the exclusive licence of the game they developed between themselves. However, if circumstances are analysed in conjunction with relevant partnership legislation, the Partnership Act 1963 and precedent case law it becomes less clear that there is a partnership between the three. The issues arising, that raise doubt as to whether Marco should be entitled to a one third share of the annual royalty are: • Jack and Jill had already developed an early version of Galactic Explorer, before Marco’s involvement and he only ‘assisted’ and added concepts to the game. • Can the draft agreement be relied upon to prove the intention of the three partners was to share equally any profit from the sale of the licence • The draft agreement which had not been signed by Marco, stated that Marco only provided assistance. • Marco had not attended any meetings with Jack and Jill for three months prior to Jack and Jill granting the exclusive copyright licence to Hyper Games. • The contract with Hyper Games was only with Jack and Jill. A) WOULD MARCO BE ENTITLED TO SHARE THE PROFITS WITH JACK AND JILL? Marco would only be entitled to an equal share of the royalty if it can be proven there was a partnership arrangement between the three of them and in order to establish whether this was the arrangement it...
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...Mahesh Nanwani explains the doctrine of precedent and looks at the methods by which judges can make and amend the law. The doctrine of judicial precedent has been at the heart of the English legal system, being a fashion fiesta for the judges to follow long-standing precedents which, in fact, only slowly evolved and matured from the nineteenth century.[1] Fundamentally, it refers to the hierarchical structure of the English courts within which a decision of a higher court will be binding on a court lower in the hierarchy. The decision contains two types of statements: first, there are ‘ratio decidendi’ statements which are binding and are statements of law applied, and second, there ‘obiter dictum’ statements which are statements made ‘by the way’. Nevertheless, some judges have been criticised for making law via the doctrine of precedent. Subsequently, the question of judges being unconstitutional arises. However, as we shall see, sometimes judges sitting in the House of Lords (the Supreme Court), Privy Council, Court of Appeal and two separate European Courts do indeed make law and state the law. The Supreme Court, formerly the House of Lords, is the highest court in the United Kingdom and is bound by the European Court of Justice for European Union law matters and also by the European Court of Human Rights for issues related to human rights. The House of Lords was also bound by its own decisions as per London Tramways v London County Council [1898] AC 375 [2] until Lord Gardiner...
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...Estate of Leavitt v. Comm Facts: As shareholders of VAFLA Corporation, an S corporation, the appellants claimed deductions to reflect the corporation’s operating losses. The commissioner disallowed deductions above the $10,000 bases from original investment. The appellants contend that the adjusted basis in their stock should be increased to reflect a $300,000 loan. The loan was obtained by VAFLA from bank and was guaranteed by the shareholder-guarantors. VAFLA made all of the loan payments, principals and interest to the bank and the appellants did not. Neither VAFLA nor the shareholder-guarantors treated the loan as constructive income taxable to the shareholder-guarantors. Because the bank lent the loan to the shareholder-guarantors and then they contributed the funds to the corporation, the appellants present that the loan is a capital contribution from appellants to VAFLA. If it is characterized as equity, they should be entitled to add a pro rata share of the loan to their adjusted basis. The Tax Court disallowed such increase in basis. Issues: The issue is whether the shareholder-guarantors should add a pro rata share of the loan to their adjusted basis and deduct operating losses to the extent of the basis. Court holdings: U.S Court of Appeals affirmed the Tax Court decision, concluding that shareholders’ basis in stock wasn’t increased by personal guarantees given as collateral and proportionate shares of NOL was limited to initial investment. Analysis and...
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... Judicial Precedent Coursework In Elements of English Law Student registration No: 101019 Introduction This is a precedent from an earlier case, which must be followed even if the judge in the later case does not agree with the legal reasoning. A binding precedent is only created when the facts of the second case are sufficiently similar to the original case and the decisions was made by a court which is senior too, or in some cases the same level as, the court hearing the later case. Precedent that must be applied or followed is known as blinding precedent (alternately metaphorically precedent, mandatory or binding authority, etc.). Under the doctrine of stare decisis, a lower court must honor findings of law made by a higher court that is within the appeals path of cases the court hears. In state and federal courts in the United States of America, jurisdiction is often divided geographically among local trial courts, several of which fall under the territory of a regional appeals court. All appellate courts fall under a highest court (sometimes but not always called a "supreme court"). There are 3 principles: • Ratio decidendi • System of law reporting • Court hierarchy Ratio decidendi: The Role of Ratio Decidendi in Judicial Precedent Ratio decidendi plays a very important role in judicial precedent as it is the...
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...In the English legal system the doctrine of Precedent is based on the Latin maxim Stare decisis. Stare decisis is translated as “to stand by what has been decided and do not unsettle the established”.It is used to support fairness and to provide certainty in the law(Martin, J. 2013).Precedent can only function when the legal reasons of previous cases are known. When a judgment is being announced at the end of a case, a speech is given. This speech includes the reasons behind the decision, a summary of the facts in the case and an explanation of the principles of law the Judge has used to come to the decision he/she has made. The principles are an essential part of the judgment and they are called Ratio decidendi(Martin, J. 2013). The remainder of the judgment being given is called Obiter dicta which translates as “other things said”. A judge will sometimes speculate and use a hypothetical situation had the facts of the current case been different. He uses this to provide legal reasoning which maybe considered in future cases(Martin, J. 2013). An example of Ratio decidendi and Obiter dicta can be found in the in the trial of R v Howe(1987) where the defendant was pleading the pledge of duress. The Ratio decidendi in this case was that the defendant was charged and his plea of duress was dismissed as duress could not be a defence to a charge of murder. The Obiter dicta was even though the victim had not been murdered the plea would have been dismissed as the plea would not...
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...Do Judges Make Law? A law is an obligatory rule of conduct imposed and enforced by the sovereign. Therefore the law is the body of principles recognized and enforced by the state in the application of justice. The law is mainly made by a parliament, a legislative body given power by the constitution to draft law. However in the last few decades there has been a notion that judges make law. A judge is a public official appointed or elected to hear and decide legal matters in court, Judges exercise judicial power. This involves making binding decisions affecting the rights and duties of citizens and institutions. In carrying out this task, a judge can use any of the following three sources of Ugandan law, Acts of Parliament or legislation, the common law, or previous decisions by the courts and a constitution Do judges make law? To ask the question “do judges make law?” Implies that perhaps to some extent they do make law. A great deal of controversy has centered on this question as to how far judges can legitimately make law although a great number such as lord Bentham have referred to it as a “childish fiction” thus judges cannot make law. Many other scholars more so those that are followers of the realist school of thought have placed absolute emphasis on the discretion of judges and relegated the "rules" to an obscure position. It can however not be denied looking closely at the present legal system that judges have played a dominant role in moulding the doctrines of the...
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...The Wonderful Safeway Shoppers One may think that there is nothing special about the people who come to a grocery store; everyone does it and is there anything that distinguishes one person from the next? Upon closer examination of the people who shop at Safeway it can be determined that there are three main classes of shoppers. The first type of shopper is the "First Timer" and can be distinguished by his lack of knowledge of the store and his confusion when it comes to the checkout process. The second type of customer is the "My Way or the Highway" customer and this customer is recognized by her control over every part of the shopping experience. The final type of Safeway shopper is the "Frequent Flyer" who is identified by the impressive amount of time he spends at the store and the level of intimacy he has with the employees. While it may seem difficult to differentiate between the types of shoppers at Safeway it can be seen that typically these shoppers fall into one of three distinct classes. The first type of shopper at Safeway is the "First Timer" and can be identified by their lack of knowledge of the store and checkout proces. A customer pulls into the parking lot of Safeway, this is his first time shopping without his mom but he has to learn to shop sometime. He walks through the sweltering parking lot and through the automatic doors. Immediately his head rolls up desperately searching for the items in each aisle. He glances down at the list in his hand and...
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...NATIONAL UNIVERSITY «ODESSA LAW ACADEMY» Department of International Law and International Relations TERM PAPER In Legal Philosophy on topic: «Judicial Precedent» By the 1st year student of the 1st group Of the Faculty of International Legal Relations Supervisor: Prof. National scale ___________ Number of points ______ Assessment ECTS _______ Commission members: ___________ _______________________ ___________ _______________________ ___________ _______________________ ODESSA 2014 THEME: Judicial Precedent PLAN INTRODUCTION …………………………………..…………………………… 3CHAPTER 1. Judicial Precedent: generals 1.1. Definition of judicial precedent ………………………………….…... 51.2. The doctrine of stare decisis ……..………………………….……..… 61.3. Ratio decidendi and Obiter dictum …..………………………….....… 7CHAPTER 2. Types of precedent2.1. Verticality ……………………………………………………………. 102.2. Horizontality ………………………………………………………… 112.3. Binding precedent …………………………………………….……... 122.4. Persuasive precedent ………………………………………………… 15 CHAPTER 3. Avoiding precedent 3.1. Distinguishing …………………..……………………………………. 19 3.2. Overruling ……………………………………………………………. 19 3.3. Reversing ……………………………………………………………... 20 3.4. Per incuriam…………………………………………………………… 20 CONCLUSION …………………………………………………………………... 22LITERATURE …………………………………………………………………... 25 | INTRODUCTION At the present stage of development of Ukraine in the framework of the democratic process, there are the emergence...
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...Case of HOODA v MINISTER FOR IMMIGRATION [2012] FMCA 1018 A review of Mr. Hooda’s case was sought pursuant to Judiciary Act, concluded with a declaration that the application was not rendered invalid, a writ of certiorari to quash the decision that the application was invalid, and a writ of mandamus issue to the respondent to determine the application according to law. We are today to discuss the justification of Smith FM and the implication of the case in terms of valid visa application, which will mainly focus on ‘statutory interpretation of law’ and ‘the rule of precedence’. The critical point in the case was, to be considered as a valid application, whether the law requires Form 1277 be submitted at the time of application was lodged. No indication in the legislation that the physical delivery of the approved form of undertakings of the sponsorship to the Minister was expected to occur no later than the lodgement of visa application, but only requires that it be given to the Minister before approval. Smith FM concluded that terms such as ‘sponsorship’ and ‘sponsorship entered into on Form 1277’, their meanings are no more and no less than what they are, not in the sense of ‘legally effective’. This reflects the implementation of the Literal Rule, which requires the interpretation of the law give the words meaning in plain ordinary literal meaning, rather than inferred interpretation. This is also reflected in Smith FM’s comments that there is no requirement of ‘contemporaneous...
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