...conflicts that may interrupt the flow of business. Efficient resolution may not only same money and time, but keep messy disputes out of the public light and social network which may have the power to shame the name of an organization. There are various methods used in resolutions; traditional court case resolution and alternative dispute resolution methods, which assist in resolving disputes at an expedited rate. There are various applications where ADR can be used as a helpful resolution tool with in civil cases as long as there is a mediation, settlement, and or arbitration. For example with in mediation this process becomes important as long as there is an equal compromise and a desire to preserve a relationship between both parties. For the case highlighted such is not the scenario in MICHAEL AVERY et al., Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY . The class action lawsuit stated State farm proven to prefer non original equipment parts as a less expensive replacement part to “crash parts” therefore further assisting in decreasing the value of the vehicle and creating additional non factory hazards violating contract agreements to restore vehicle back to factory standards and thus committing consumer fraud. Recommendations The cost of settling out of court would have been wise, while not being blamed at fault for a negligent business practice and poor assessment. As a result using the Traditional court system the Plaintiffs claimed to the judgment...
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...1. Briefing: In December 1999, Wilson applied for Citibank credit card and signed an acceptance certificate in which she agreed to be bound by the terms and conditions of the credit card agreement. Citibank then issued a credit card to her, which Wilson began using. In July 2001, Citibank mailed Wilson her credit card statement, which informed her that it was modifying the terms of the original agreement. This revised agreement was enclosed with the credit card statement. After the July 2001 statement was made to her, Wilson continued using her credit card and made monthly payments on her account balance. Wilson made her last payment to Citibank in March 2002 and failed to make payments thereafter. Citibank then failed suit against her to collect her overdue balance, which was $12,272.84. In this action, Citibank attempted to enforce the revised agreement rather than the original agreement. Wilson argued that she never accepted the revised agreement. Is this a good argument? Issue: Did Wilson agree on the revised agreement? Rule: The elements for acceptance were (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. Application: Citibank first must prove that Wilson’s intention to enter the contract. If the offeree objectively indicates a present intent to contract on the terms of the offer for a contract to result, this element is satisfied. Here...
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...of 1959 are explored in detail. The paper will then examine the most common ways an HR employee will interact with the union. This is discussed through grievances and collective bargaining agreement. The process for both of these is examined in detail including which parts of the collective bargaining agreement are mandatory and permissive issues. Next, the paper explores the process a HR manager would go through in order to keep a healthy, happy, and productive relationship with the union. Finally the paper reexamines whether labor unions are necessary in today’s society. A conclusion is drawn based on the author’s personal experience and a summary of the research that was presented. Introduction The majority of United States workers feel like they are not paid fairly, their benefits have gaps, or they were unfairly terminated from a job. Most are unable to act on these feelings because they feel as if they do not have a voice. These feelings were common through the American...
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...Providing a certain degree of predictability as to what will happen if the laws are violated 4. If any society is to survive, its citizens must be able to determine What is legally right and wrong and be able to determine what sanctions may be imposed on them if they commit wrongful acts 5. Why should you care about the law? a. The law affects virtually ALL business transactions and activities, including: i. Hiring and firing ii. Workplace safety iii. Manufacturing, distributing & marketing of products iv. Financing v. Accounting & ethics and vi. Many other areas as well 6. You are the owner of a company called Compudata – a computer software & systems company. You receive an inquiry from BMI, Inc. regarding your company’s various services. a. What are some of the legal issues you need to consider? i. How do we enter into a contract Contracts ii. What happens if BMI breaches Remedies iii. How do we protect our product IP iv. Are we dealing with the right person Agency v. What happens if we have a dispute Litigation vi. What happens if our products hurts someone Product Liability vii. Does making our product impact the environment Environmental Law...
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...for the U.S. legal system is natural law. B3. A judge’s view of the law is of little importance in a common law legal system. A4. Constitutional law includes only the U.S. Constitution. B4. Congress can only pass legislation that falls within the limits set up by the U.S. Constitution. A5. A state constitution is supreme within the state’s borders. B5. The U.S. Constitution is the supreme law of the United States. A6. Whether a law is constitutional depends on its source. B6. Each state has its own constitution. A7. Uniform laws apply in all states, including those in which the laws have not been adopted. B7. The Federal Trade Commission developed the Uniform Commercial Code. A8. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. B8. State agency regulations take precedence over conflicting federal agency regulations. A9. Statutory law does not include county ordinances. B9. Common law is a term for the laws that are familiar to most of us. A10. No state has adopted the Uniform Commercial Code in its entirety. B10. Equity is a branch of unwritten law that seeks to supply remedies other than damages. A11. Common law is a term for law...
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...thoroughly to have better understanding of the subject. You are advised to attend the Personal Contact Programmes to have better clarity on the subject. At the end of the each unit, the review questions are given to enable you to prepare for Examinations. The Model Question Paper is given at the end of the course material for reference and practice. We wish you all the best in your endeavour for successful completion of the programme. Director Directorate of Distance Education Alagappa University Karaikudi, Tamilnadu. MBA PAPER 4.33 INDUSTRIAL RELATIONS SYLLABUS UNIT 1 Industrial Relations: Concept – Definition – Significance – Objectives – Scope – Approaches – Principles of good industrial relations – Role of State, Employers and the Unions in industrial relation. UNIT 2 Trade Unionism and Industrial Relations: Labour movement – Concepts – Trade union movement – Development of trade unionism in Indian – Functions and problems of trade unions. International Labour Movement – International Confederation of Free Trade Unions (ICFTU) – World Federation of Trade Unions (WFTC) – International Labour Organisations (ILO) – Origin, history, objectives and functions. UNIT 3 Industrial Disputes: Meaning – Causes – Forms – Industrial relations machinery – Joint consultation – Works...
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...carefully and thoroughly to have better understanding of the subject. You are advised to attend the Personal Contact Programmes to have better clarity on the subject. At the end of the each unit, the review questions are given to enable you to prepare for Examinations. The Model Question Paper is given at the end of the course material for reference and practice. We wish you all the best in your endeavour for successful completion of the programme. Director Directorate of Distance Education Alagappa University Karaikudi, Tamilnadu. MBA PAPER 4.33 INDUSTRIAL RELATIONS SYLLABUS UNIT 1 Industrial Relations: Concept – Definition – Significance – Objectives – Scope – Approaches – Principles of good industrial relations – Role of State, Employers and the Unions in industrial relation. UNIT 2 Trade Unionism and Industrial Relations: Labour movement – Concepts – Trade union movement – Development of trade unionism in Indian – Functions and problems of trade unions. International Labour Movement – International Confederation of Free Trade Unions (ICFTU) – World Federation of Trade Unions (WFTC) – International Labour Organisations (ILO) – Origin, history, objectives and functions. UNIT 3 Industrial Disputes: Meaning – Causes – Forms – Industrial relations machinery – Joint consultation – Works...
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...In this discussion the writer discusses three ways in which the law affects business. Generally the law affects business in the following ways: * Protecting the interests of the investors * Protection of the provisions of business contracts * The law regulates the business environment * The law provides guidelines in the employee- employer relations * There are laws on tax * It promotes transparency. Regulating business environment and operations The law provides guidelines and standards in which all businesses must operate. This protects the business from crumpling as much as protecting the consumers. For examples there are laws that require the business to comply with international practices. For example the companies must declare their business deals with the international partners. The government needs to find out if the partnership is in the interest of the investor. Another example of this relates to the need of all business in the country to get registered. In registering businesses certain details are required. This ensures that all businesses operating in the country are known. If other business people get into business deals with that organization in case of disputes the courts can use the legal procedures to deal with such organizations. Employment laws Employment laws describe the working relationships among business and the employees. The employees must not be exploited by the businesses. It stipulates fair...
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...labour laws in India Overview of important labour laws in India a) Apprentices Act, 1961 29 36 51 of 55 b) Employees State Insurance Act, 1948 c) Employees Provident Fund And Misc. Provisions Act, 1952 Employment Exchanges (Compulsory Notification d) The Vacancies) Act, 1959 e) f) g) Factories Act, 1948 Industrial Disputes Act, 1947 Labour Laws (Exemption From Furnishing Returns & Maintaining Registers By Certain Establishments) Act, 1988 h) Payment of Bonus Act, 1965 i) j) Payment of Gratuity Act, 1972 Workmen’s Compensation Act, 1923 83 87 91 58 74 80 1 k) l) The Trade Unions Act, 1926 Shops and Establishment Act, 1954 97 101 104 118 129 132 135 144 147 151 157 172 177 179 180 186 190 m) Laws related to wages n) Laws related to child labour o) Law related to contract labour p) Maternity Benefit Act, 1961 5. 6. 7. 8. 9. Checklist of labour law compliance Unfair labour practice Labour laws in the unorganized sector Women labour and the Law Industrial relations 10. Special points to be noted while drafting Employment Agreement 11. Important case laws under various labour legislations 12. Important organizations 13. Authorities under the labour law in India 14. Labour legislations across the world 15. Bibliography 16. Annexure a) Agreements between employee and employer 192 196 b) Agreement for reference of disputes to arbitration 2 1. INTRODUCTION Labour law also known as employment law is the body of laws, administrative rulings, and precedents...
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...A Report on “Pre-Budget discussion And its reflection in National Budget 2015-16” SUBMITTED TO Taher Jamil Course Instructor Business Taxation Course no: F-203 Lecturer Department of Finance Faculty of Business Studies University of Dhaka SUBMITTED BY group # Date of Submission: 11th August, 2015 Group Members Name | ID No. | Bodrun Nesa Ali | 20-008 | Pronab Saha | 20-110 | Ratila Haque | 20-124 | Tamanna Jahan Toma | 20-128 | Aleya Hossain Lima | 20-219 | Letter of Transmittal August 11, 2015 Taher Jamil, Lecturer & Course Teacher, Department of Finance, Faculty of Business Studies, University of Dhaka. Dear Sir, It is a great pleasure for us to submit the report on “Pre-Budget discussion And its reflection in National Budget 2015-16” , which is prepared as a fulfillment of the requirement of the course named “Business Taxation” of BBA program under ‘Department of Finance’ of the Faculty of Business Studies, University of Dhaka. This study has given us the opportunity to learn the basics of tax and also given us the practical Knowledge through the discussion on budget. The analysis that we observed through this report will help us in our future, indeed. We would like to convey our special thanks and gratitude to you for patronizing our effort & for giving us proper guidance and valuable advice. You will be delighted to know that, we have tried our best to make this report more & more informative and factual. Sincerely Yours, Bodrun...
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...Contracts I Outline – go through mind map list the 4 big issues, each para under the issues can include subissues, can say it might not be an issue later ------------------------------------------------- Bern’s Model: TMJM ------------------------------------------------- Tsedeq- righteous moral standard ------------------------------------------------- Misphat- applied even handedly ------------------------------------------------- Jurisdiction- by one authority ------------------------------------------------- cannot force to love ------------------------------------------------- civil government has jurisdiction over evil-doer ------------------------------------------------- can use Israel example ------------------------------------------------- Meshar- producing evenness in outcomes in like cases ------------------------------------------------- "Together the three express the thought of the evenhanded and impartial application (mishpat) of a righteous moral standard (tseden) producing an evenness or equality (meshar) in outcomes in like cases." ------------------------------------------------- God has jurisdiction over all as creator. ------------------------------------------------- Man is made in the image of God and can contract based on language and promise ability. ------------------------------------------------- A person has reason to expect that a person made in the image of God should keep his promises. I. Bases for Enforcing Promises-Theories...
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...Glossary Notes: Note 1: CICA Part I applies to publicly accountable enterprises, CICA Part II ASPE applies to private enterprises; CICA Part III ASNFPO applies to not-for-profit organizations. CICA Part IV ASPP applies to pension plans. For governments and government organizations, see under Public Sector Accounting (PSA) Handbook for details of what applies. Note 2: Part II and V Definitions may not be identical — check the CICA Handbook — Accounting. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Abnormal earnings Also referred to as unexpected earnings. Differences between the expected value of earnings and the actual realized. Absorption costing Absorption costing is a method of assigning costs to inventory. It includes fixed overhead costs in addition to variable overhead costs added to direct materials and direct labour to calculate unit cost. Accelerated amortization Accelerated amortization is a method of allocating the cost of an asset in which the annual amortization amounts are larger in an asset’s early years and decrease over time. An example of accelerated amortization would be the double-declining balance method. Access controls Procedures designed to restrict access to online terminal devices, programs, and data. Access controls consist of ”user authentication” and ”user authorization.” Account Place within an accounting system where the increases and decreases in a specific asset, liability, owner’s equity, revenue, or expense are recorded...
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...Glossary Notes: Note 1: CPA Canada Handbook Part I applies to publicly accountable enterprises, CPA Canada Handbook Part II ASPE applies to private enterprises; CPA Canada Handbook Part III ASNFPO applies to not-for-profit organizations. CPA Canada Handbook Part IV ASPP applies to pension plans. For governments and government organizations, see under Public Sector Accounting (PSA) Handbook for details of what applies. Note 2: Part II and V Definitions may not be identical — check the CPA Canada Handbook – Accounting. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Abnormal earnings Also referred to as unexpected earnings. Differences between the expected value of earnings and the actual realized. Absorption costing Absorption costing is a method of assigning costs to inventory. It includes fixed overhead costs in addition to variable overhead costs added to direct materials and direct labour to calculate unit cost. Accelerated depreciation Accelerated depreciation is a method of allocating the cost of an asset in which the annual depreciation amounts are larger in an asset’s early years and decrease over time. An example of accelerated depreciation would be the double-declining balance method. Access controls Procedures designed to restrict access to online terminal devices, programs, and data. Access controls consist of ”user authentication” and ”user authorization.” Account Place within an accounting system where the increases and decreases in a specific...
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...VIRGINIA PROCEDURE OUTLINE CHAPTER I: EXTRA-JUDICIAL PROCEDURES Note: These Procedures take place without the participation of a judge or the court 1) Self Help a) Predates existence of the organized state b) Now greatly discouraged because police power of state more effective i) Discouraged, superseded in practice, and restricted by law now. c) Situations when available: i) Available in debtor-creditor situations where debts are voluntarily paid when they are due (most pay when get into financial position to pay) ii) When possession of goods bailed are returned to the Owner when the period of the bailment ends. iii) When debtor intentionally refuses to pay or neglects to pay creditor may resort to self-help to get paid. 1) May be independent or in conjunction with litigation. d) Usually attempt to get debtor to pay voluntarily before seeking assistance of the court. e) Repossession i) Allowed at common law where it can be accomplished without breach of peace. ii) Person disseised and dispossessed of land an reenter w/o a court order unless would involve breach of peace iii) Repossession of chattels is allowed where they have been: 1) Loaned, hired, bailed, lost and found, or stolen and wrongfully detained from the O provided it is done w/o ab reach of the peace. 2) Person may recover own chattels from land of the wrongdoer, but to do so from the land of a 3P would be trespass 3) Hunters...
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...A abandon s.n. 1. {de drepturî) (dr.) desertion/renunciation of rights 2. (a/ navei, al încărcăturiî) (mar.) abandonment 3. (retragerea dintr-o operaţiune cu primâ contra cedării unei prime) {bur.) abandon ~ pe mare rea - abandon in heavy sea abandona v.t. 1. (drepttiri, pretenţii) to relinquish, to waive 2. (nava, încarcătura etc.) to abandon, to leave abandonare s.f. 1. (de drepturi, pretenţii) relinquishment 2. abandonment, abandoning ~ a navei - (de întregul echipqf, când nava nu mai poate fi salvaîa) abandonment of ship ~ a postului - dereliction ofduty ~ a produsului - (a prodncerii şi a comercializăru acestuia) product abandonment/elimination ~ a unui bun - (asig. mar.) dereliction abandonat adj. {asig. mar.) abandoned, derelict ~ temporar - temporarily abandoned abata v.t. (a exploata un zâcâmdnî} to work abataj s.f. 1. (loc) coal-face. stope, workings 2. (acţiune') mining. cutting, hewing 3. (al arborilor) felling 4. (al vitelor) slaughter abate v.t. 1. (din drnm) to turn oft7 aside/away, to divert, to deviate: to sheer, to v.'ander, 10 escape 2. (mar.} to steer off 3. (a/'boti) to fcll v.r. {de la} (dr.) to iniriiige, to vioîaie, to transgress abatere s.f. 1. tuming off/away, diverting, deviation 2. (dr.) infringe-ment, violation, transgression; trespass(ing) 3. {de la regulă) exception ~ de la datorie - breach ofduty ~ din drum - (niar.) deviation ~ disciplinară - misbehaviour, infraction ofdiscipline ~ medie - mean deviation ~ standard (concept statistic care indicâ...
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