...INTRODUCTION Law or rules can be defined and assessed in a variety of ways, but is more commonly known to us, the judiciary, “as the rules that society is bound to obey.”[1] These so-called “rules” or laws include government-made rules called “legislation” and judge-made rules called “Common Law” that are respected and enforced by our governments and our courts. Whether we speak in terms of Civil or Common Law traditions, certain characteristics can generally be said to apply to each in a common manner. These characteristics describe laws as being general and impersonal, obligatory, coercive and non retroactive.[2] We may attempt to summarize this notion by stating that law, no matter its origin, applies equally to each and every individual or citizen in a given society at a given time. Seemingly easy to understand, we must not fool ourselves to think that law is simple by nature. It is filled with nuances, definitions, interpretations, jurisdictions that often warrant separate applications to different people, thus challenging the very foundation of the above mentioned guiding principles. One legal principle that seems to fall within this general predicament is that of retribution and compensation. The idea is that when an individual or entity causes harm or damage to another, the former is obliged to restitute and compensate the latter for the damages that were caused. For example, in civil law, article 1457 of the Quebec Civil Code[3] states clearly that “where...
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...Bush v. Gore, 531 U.S. 98 (2000) Judicial history On Nov. 8 2000, the day after the presidential election, it was shown that Governor Bush received 2,907,135 votes and 2,907,351 for vice president Gore with a difference of 1,784 in favor of Governor Bush. Because it was a win of a half a percent there was a recount using a machine which bush was still the winner but by a small amount. Gore demanded a manual recount in several counties that were later found out only democratic states were asked to revote. Some of those counties worried that they wouldn’t make the deadline and asked for an extension. The secretary of state declined that extension and the supreme court of Florida over turned that decision and granted more time until nov.26th. On that day Govern Bush won. They next day Gore filed a complaint in the Leon County circuit court saying that there were still illegal votes. After they ruled that he did not give enough burden of prove he then appealed and Florida Supreme Court took jurisdiction of the case and held some points in the case and rejected some. They ordered a hand account of 9,000 ballots in Miami Dade County. Facts On December 8, 2000, the Supreme Court ordered the Circuit court of Leon County to gather 9,000 ballots by hand and include 215 voted from Palm Beach County and 168 votes for Vice president Gore. Bush said that the vote for gore was 176. The court ordered manual voting for the counties that had “under votes” and Bush contested it through an...
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...Silvia Vazquez BUS 2310-01 Case Brief April 1, 2014 Case name: BUSH v. GORE, 531 U.S. 98, 148 L.Ed.2d 388 (2000) Facts: In 2000, Al Gore, the former Vice President of the United States was facing George W. Bush for the presidential election. On December 8th of 2000, a local court in the state of Florida forced the city of Palm Beach to manually recount almost 10,000 ballots. This recount was imposed because the voters in Florida had problems with the state’s electronic voting machines. This problem was amplified because the ballots were not properly punched, a large number of ballots did not reveal who the voter intended to vote for. The reason for the manual recount was the result of malfunctioning ballot machines and the suspicion that some of the members of the ballot counting committee were not being honest in their attempts to tally the votes. After losing the state of Florida and ultimately the 2000 presidential election, Al Gore petitioned that the ballots be recounted in a formal case, filed before the Circuit Court of Florida. After this filing, he won, and a manual recount was enacted. But then, the Bush team filed for certiorari to the U.S. Supreme Court on the basis that the Florida court’s opinion was contrary to the U.S. Constitution. The Supreme Court reasoned that state of Florida violated the 14th Amendment by enacting a recounting procedure. Procedural History: Originally Gore won his case and the ballots were manually recounted; however, George W. Bush...
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...Name Professor Class Due date Background The year 2000 election was the most closely contested of all presidential elections in the United States. The election involved strong candidates George Bush and Al Gore of Republican and Democratic parties respectively. The closeness of the race gave rise to an election petition challenging the election of George Bush as president. At the epicenter of the crisis was the state of Florida where the democrats complained of election malpractices that was aimed at favoring the Republican candidate. The conflict heightened and the Florida Supreme Court took the matter as required by the legislative laws of the state. The court argued that the democrats had enough reasons to warrant a recount of votes. The reasons for the recount, as stated by the democrats were that the Republicans worked with the state governor to deny Democratic Party followers a chance to vote. According to the court, the agents at certain precincts did not allow some ethnic minorities to vote or required too many documents such as passports against the elections laws of the state of Florida. In addition, the case was argued that some of the officials left the polling stations early leaving out some voters. Upon hearing the complaints from all parties, the Florida Supreme court ordered afresh recount of votes all over the state of Florida by a 4-3 vote. Consequently, multiple court proceedings arose on the same issue of elections. He US supreme court took over the matter...
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...You are the chief of police in a city of 250,000 residents. Within the last 18 months there have been three well-documented cases of suicide by cop (suicidal persons who engage in life threatening behavior to force officers to shoot them to end their own lives)within your jurisdiction. Would you develop a policy to help police officers deal with this issue, and if so what would you include in that policy? Incidents in which police officers shoot and kill citizens often provoke substantial controversy . And this is even more true where the shooting occurs as a consequence of a person ‘s own provocative behavior and in circumstances that be defined as amounting to a victim provoked shooting or a victim precipitated shooting . Where death occurs it may be victim precipitated homicide , and in other terms as suicide by cop .Despite the fact that such events are surprisingly common , the literature is unexpectedly sparse and is often , lacking in empirical study . Outside the law enforcement community , the existence of the phenomenon is not well known and is certainly too often seriously misunderstood . But understanding suicide itself will help to give some understanding to this type of assisted suicide and how it is seen in the eyes of a criminologist . First I want to examine the criminologist perspective of suicide and this was first introduced by Emile Durkheim with his research on suicide that laid the foundation for anomie or strain theory . Anomic suicide ,he postulated...
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...Mrs. O’Connor was also very influential in cases concerning harassment and discrimination. Even though Mrs. O’Connor did not always vote how women felt she should have, they still considered her to be a great role model. Sandra Day O’Connor’s influence was strong in the Supreme Court on the decision of many cases. Sandra Day O’Connor was one of four justices to rule on the case of Bush v. Gore. This is a case concerning the miscalculations of votes in four counties in the State of Florida. These votes had to be recounted several times. All ballots had to be verified that they were correctly marked with no question on how the voter intended to vote. The vote for 2000 Presidential Candidate was up for debate. The parties of the current President George Bush and Al Gore were at odds. The largest county in Florida had to recount and verify each and every vote cast in the election. There were numerous hours and thousands of dollars spent to come to an agreeable conclusion. To solve this election question, there were several suits brought before the Court system, one being Bush v. Gore due to the interpretation of the Florida election law. Something needed to be decided to stop the recounts. Ballots had to be electronically recounted and manually recounted. Mrs. O’Connor along with fellow justices found that the manual recounts of the votes taken were not covered under the Fourteenth Amendment Clause for Equal Protection. After all recounts and the Supreme Court decisions...
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...simply the law and the facts, affect the proceedings and verdict. Every human being has a certain set of morals and beliefs that they hold to be an important part of their character. This is no different for the judges of the Supreme Court. They too have a set of morals and beliefs that they live by. The difference is that their job description says that they have to make decisions not based on their morals and beliefs, but their decisions must be based on the rule of law. It is obvious to me that many of the judges on the Supreme Court, did not follow their job description and instead of basing their decision of Bush vs. Gore on the rule of law, they based it on who they voted for. Every conservative on that panel voted to stop the recount which in turn helped Bush win, and every liberal on the panel voted to continue the recount which would have given Gore a chance at winning. The concurring opinion of the majority seems to make it evident in some of the arguments they make that their opinion was based on politics and not on law. Much of the evidence they bring up only seems to...
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...Annie Mueller Craig v. Boren Craig v. Boren is a very unique and exciting case to learn about. In Oklahoma at one point, the drinking age for women was 18 and for men was 21. Of course some men were not to happy about this so one man decided to take a stand. Craig, the Plaintiff, sued David Boren, defendant and the Governor of Oklahoma (Oyez 1). He was governor at the time and he is now the President of the University of Oklahoma. The differences for the drinking age between age for men and women were for the consumption of beer at a 3.2% alcohol level (Oyez 1). Craig claimed this violated Equal Protection clause from the Fourteenth Amendment of the United States Constitution (Casebriefs 1). The issue was does the Oklahoma statute violate the Equal Protection clause of the Fourteenth Amendment (Casebriefs 1). The procedural history was that it went to the state court and the state provided reams of statistical evidence suggesting that young men were more dangerous drinkers (Casebriefs 1). The Supreme Court happened to disagree with the state and look at the case. The Supreme Court believed that “2% of the men and just under 1% of the women between 18 and 21 had been arrested for alcohol-linked driving violations hardly constituted grounds for different treatment” (Casebriefs 1). The Supreme Court ruled that the law was unconstitutional and many Oklahoma citizens were very mad and upset with Craig because now everyone in Oklahoma had to be 21 to drink (Oyez 1). Men just...
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...task much more important than it sounds. The Supreme Court, the only court created by the constitution in the Judicial Branch, has made some of the most important decisions in US history. Ones that couldn't be solved by anyone else correctly in the federal government. The Judicial Branch prevents people from abusing law. The Judical branch interprets the constitution, and what they say the 266 year old document is, is what it is. On The Supreme Court has made some of the most important decisions in US history. In “Brown v. Board of Education,” the Supreme Court decided that racial segregation was unconstitutional because it “violates the Equal Protection Clause of the 14th Amendment.” (CNN, Top US Supreme Court Decisions) Recently in the 2000 election, the 3rd case of “Bush v. Gore” in the Supreme Court stopped a recount that ultimately determined who would win the presidency. Bush won by one vote in the Supreme Court. (Supreme Court Case Study Bush v. Gore) That’s one vote that will affect America for a long time. When the Legislative and Executive branch can’t work something out, when there's a debate so intense that no one can decide, that’s when the Supreme Court comes in. Think about how the US would be like today if racial segregation was still considered constitutional. That’s one choice that has definitely changed everyone’s life. Some of the most controversial and important debates have been settled by the Supreme Court, the ones that change who we are today. Furthermore...
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...BMW M Performance BMW Serisi BMW Serisi BMW Serisi BMW Serisi Sheer Driving Pleasure www.bmw.com.tr SPORTİF GÜÇ GÖSTERİSİ. BMW M PERFORMANCE AKSESUARLARI. BMW SERİSİ. BMW SERİSİ. BMW SERİSİ. BMW SERİSİ. / BMW Performance Aksesuarları satışının BMW Serisi (/’den itibaren) ile başlaması. / BMW Performance Aksesuarları’nın BMW Serisi (/’den itibaren) için satışa sunulması. / BMW Performance Aksesuarları’nın BMW Serisi (/’den itibaren) için satışa sunulması. / BMW Performance Aksesuarları’nın BMW X (/’dan itibaren) ve BMW X (/’den itibaren) için satışa sunulması. / M araçlar için sunulan BMW M Performance Aksesuarları’nın satışının başlaması, BMW M (/’den itibaren) için BMW M Performance. / BMW M Performance Aksesuarları’nın BMW Serisi M Coupé (/’den itibaren) için sunulması. / BMW Performance Aksesuarları’nın BMW X M (/’dan itibaren) ve BMW X M (/’dan itibaren) için sunulması. / BMW M Performance Aksesuarları’nın satışının BMW Serisi (/’den itibaren), BMW Serisi (/’den itibaren), BMW Serisi (/’dan itibaren) ve BMW Serisi (/’dan itibaren) ile başlaması. / BMW M Performance Aksesuarları kapılı BMW Serisi ve BMW Serisi Touring için ilk defa sunuluyor. / Aerodinamik, yürüyen aksam, aktarım organı ve kokpit konularında ürün portföyünün kullanıcı odaklı olarak geliştirilmesi...
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...Punitive damges also known as exemplary damages are commonly awarded in product liability or civil suit cases were the defendant is ordered to pay to the plaintiffs a sum of money for their acts of reckless and or willful conduct. The ideas of punitive damages was imposed as a deterrent from reckless,willful conduct. However, the amount of punitive damages awarded have been the topic of my debates leaving some to criticize, that plaintiffs are overly compensated specifically voicing opinions or concerns that a limit should be imposed on punitive damages. Circumstances justifying the recognition of punitive damages based upon the defendant acting intentionally, maliciously, or without regard to the rights of the plaintiff and interests of the claimant. Punitive damages first established in England in 1763. Civil law in the United States recognized punitive damages in 1850. (5) "According to the U.S. Supreme Court, three factors guide a decision to award enhanced damages (punitive damages)": The action of the defendant was willful or deliberate, "whether the infringer had a good faith belief that the patent was invalid", and litigants conduct during the litigation. (4) A jury verdict to impose an amount of punitive damages may be over-turned by the trial judge, if the award is considered to be excessive or inadequate. (6) "A fundamental goal of a punitive damage award is to punish but not bankrupt the wrongdoer." (9) Five States do not recognize or award punitive damages in any...
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... iii. Internet Usage 1. The internet fuels globalization by providing companies with greater access to geographically dispersed customers, employees, and suppliers. 2. The number of internet users more than doubled during the first four years of the new millennium. 3. As of 2004, more than 87% of the world’s population was still not connected to the Internet. This suggests the Internet’s impact on business has yet to fully develop. Strategy 2 Definition iv. A strategy is a “game plan” that enables a company to attract customers by distinguishing itself from competitors. 3 Customer value propositions v. Companies that adopt a customer intimacy strategy strive to understand and...
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...Chapter 1 Lecture Notes Chapter theme: This chapter describes the larger business environment within which management accounting operates. It is divided into nine sections: (1) globalization, (2) strategy, (3) organizational structure, (4) process management, (5) the importance of ethics in business, (6) corporate governance, (7) enterprise risk management, (8) corporate social responsibility, and (9) the Certified Management Accountant. I. Globalization 1 A. Import/Export Data i. 2 Imports into the United States (in billions) 1. The data reveal an enormous increase in import activity from 1995 to 2007. In particular, imports from Canada, Mexico, and China skyrocketed. ii. Exports from the United States (in billions) 1. The data reveal an increase in exports to Canada and Mexico. Interestingly, the increase in exports to China pales in comparison to the growth rate in imports from China. iii. 4 Internet Usage 1. The internet fuels globalization by providing companies with greater access to 1 3 4 geographically dispersed customers, employees, and suppliers. 2. While the number of internet users continues to grow, as of 2008, more than 78% of the world’s population was still not connected to the Internet. This suggests the Internet’s impact on business has yet to fully develop. II. Strategy A. Definition 5 i. A strategy is a ―game plan‖ that enables a company to attract customers by distinguishing itself from competitors. B. Customer value propositions i....
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... 1.2 MARKALARIN OLUġTURULMASI 1.2.1. MarkalaĢma 1.2.2. Marka Elemanları 1.2.2.1. Ġsim 1.2.2.2. Amblem(Sembol) 1.2.2.3. Logo 1.2.2.4. Renk 1.2.2.5. Ambalaj 1.2.2.6. Slogan MARKA ĠLE ĠLGĠLĠ KAVRAMLAR 1.3.1. Marka KiĢiliği 1.3.2. Marka Kimliği 1.3.3. Marka Ġmajı 1.3.4. Marka Denkliği(Değeri) 32 33 37 39 42 43 44 46 47 1.3 48 49 54 58 62 BÖLÜM 2: MARKA DENKLĠĞĠ KAVRAMINA GENEL BĠR BAKIġ MARKA DENKLĠĞĠ KAVRAMI VE KAPSAMI 2.1.1. Marka Denkliği Kavramı 2.1.2. Marka Denkliğinin Önemi ve Faydaları 2.1.2.1. ĠĢletmeler Açısından Marka Denkliğinin Faydaları 2.1.2.2. Tüketiciler Açısından Marka Denkliğinin Faydaları 2.1.3. Marka Denkliği OluĢum Süreci 2.1.4. Marka Denkliği Türleri 2.1.5. Marka Denkliği Ölçümü 2.1.5.1. Finansal Temele Göre Marka Denkliği Ölçümü 2.1.5.2. Tüketici...
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...Ingredient Branding Philip Kotler· Waldemar Pfoertsch Ingredient Branding Making the Invisible Visible Professor Philip Kotler Kellogg Graduate School of Management Northwestern University Evanston, IL 60208, USA p-kotler@kellogg.northwestern.edu Professor Waldemar Pfoertsch China Europe International Business School 699 Hongfeng Rd. Shanghai 201206, China wap@ceibs.edu e-ISBN 978-3-642-04214-0 ISBN 978-3-642-04213-3 DOI 10.1007/978-3-642-04214-0 Springer Heidelberg Dordrecht London New York Library of Congress Control Number: 2010926489 © Springer-Verlag Berlin Heidelberg 2010 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMXDesign GmbH, Germany Printed...
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