...vs. JOHN SMITH, et al., Defendants. _________________________________________/ Case No.: _____________ MEMORANDUM OF LAW IN SUPPORT OF ADMISSION OF BUSINESS RECORDS AT TRIAL COMES NOW the Plaintiff, BANK by and through its undersigned counsel, and pursuant to Fla. Stat. 90.803(6) files this Memorandum of Law in Support of the Admission of its Business Records at the trial of this case held on March 7, 2012. MEMORANDUM OF LAW This is a mortgage foreclosure action which was tried on March 7, 2012. At the trial of this case, Plaintiff’s representative appeared as the Records Custodian and corporate representative of the Plaintiff, Bank. In seeking to introduce the admission of the Note, Mortgage, payment history, demand letter (Intent to Accelerate), and The Plaintiff’s Records Custodian testified under oath: a. That the records sought to be introduced were made at or near the time of the event; b. The records were made by or from information transmitted by a person with knowledge; c. The records were kept in the ordinary course of a regularly conducted business activity; d. And that it was a regular practice of Bank of America to make such a record. Pursuant to Fla. Stat. 90.803(6) this testimony is sufficient for the introduction of the Plaintiff’s records under the Business Records exception to the hearsay rule. See Freemon v. Deutsche Bank Trust Co., 46 So. 3d 1202 (4th DCA 2010) (affirming judgment for bank where affiant for bank in foreclosure...
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...Brief History of the Gold Standard in the United States Craig K. Elwell Specialist in Macroeconomic Policy June 23, 2011 Congressional Research Service 7-5700 www.crs.gov R41887 CRS Report for Congress Prepared for Members and Committees of Congress Brief History of the Gold Standard in the United States Summary The U.S. monetary system is based on paper money backed by the full faith and credit of the federal government. The currency is neither valued in, backed by, nor officially convertible into gold or silver. Through much of its history, however, the United States was on a metallic standard of one sort or another. On occasion, there are calls for Congress to return to such a system. Such calls are usually accompanied by claims that gold or silver backing has provided considerable economic benefits in the past. This report briefly reviews the history of the gold standard in the United States. It is intended to clarify the dates during which the standard was used, the type of gold standard in operation at the various times, and the statutory changes used to alter the standard and eventually end it. It is not a discussion of the merits of such a system. The United States began with a bimetallic standard in which the dollar was defined in terms of both gold or silver at weights and fineness such that gold and silver were set in value to each other at a ratio of 15 to 1. Because world markets valued them at a 15½ to 1 ratio, much of the gold left the country and...
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...audit report for the county or municipality. The financial statements of the government you selected should have at least three (3) funds. Refer to the continuing problem homework for Weeks 1 through 3 for this assignment. Write a three to five (3-5) page paper in which you: 1.Compare and contrast the comprehensive annual financial report (CAFR) of the selected local government entity with the city of Austin report from Week 1 homework. In your comparison, include: a.Publication method of the CAFR b.Audit and budget information in the CAFR c.The type of audit report issued d.Existence or non-existence of an internal audit function within the government entity 2.Prepare the analysis for the selected local government entity, including information on the introduction, financial section, and statistical section prepared in the city of Austin’s CAFR from chapter 2. 3.Analyze the methods used by the selected local government entity in comparing the budget-to-actual reports. Your analysis should include an evaluation of the basis of accounting used for the budget and financial statements. 4.Analyze the sources of revenue on the selected local government. Your analysis should include information on both governmental and business-type activities of the government. In your report, be sure to examine a.Property taxes and how they are...
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...General Motors Accounting Analysis and Business Solution | | Table of Contents Introduction2 Hypothesis and Methodology 3 Analysis of Problems4 Variables5 Primary and Secondary Sources6 Resources6 Sample………………………………………………………………………………………………………7 Test Statistics……………………………………………………………………………………………….8 Final Recommendations…………………………………………………………………………………….9 Conclusion………………………………………………………………………………………………...10 Appendices………………………………………………………………………………………………..11 Survey……………………………………………………………………………………………………..12 References…………………………………………………………………………………………………13 Introduction Every time you pick up a newspaper and read the business section, you hear about a major company having some sort of financial problems. These problems are most likely a result of accounting errors and in some instances because of these errors, companies have had major financial issues they could not recover from. Over the years General Motors has been one of those companies. General Motors Company, commonly known as GM, is an American Multinational Corporation, headquartered in Detroit, Michigan. GM designs, manufactures, markets and distributes vehicles and vehicle parts and as well as sells financial services. General Motors produces vehicles in 120 countries under ten different name brands (General Motors Corp.). Recently, management at General Motors has decided to start tracking the number of errors in the accounting department. The number of errors will be tracked per accountant and...
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...the question -Is ethics directly linked to the practice of earnings management? Earnings management is defined by Beaudoin, Cianci, and Tsakumis (2012, p.507), as “the manipulation of revenues and/or expenses to obtain a desired financial reporting outcome.” He and Yang’s article offers that the definition of earnings management is “a process in which managers use judgment in financial reporting and in structuring transactions to alter financial reports to either mislead some stakeholders about the underlying economic performance of the company or to influence contractual outcomes that depend on reported accounting numbers” (He and Yang 2013). So either way one looks at it, earnings management is a form of deceit. In Shafer’s (2013, p.45) paper, the author defines ethical climate by referencing Victor and Cullen (1988) as, “the prevailing perceptions among employees of organizational practices and procedures that have ethical content.” More often than none, findings have shown that companies tend to engage in earnings management through management’s actions, and not just through accounting choices. Corporations tend to conduct earnings management to meet earnings forecasts, as well as, to decrease financing and tax costs. One side of the spectrum would argue that it is perfectly fine to manage earnings, as long as it is within the generally accepted accounting principles. Others would argue that managing earnings is unethical from any standpoint. Furthermore, some would find...
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...Web or Mobile System Paper IT/205 Shonkera Mann 5/18/14 A website application purpose would be one of the social websites which is Facebook. I know that this website has come apart of my life. This website is used by different people every day. Putting up stats about what goes on in their life. On Facebook it is used by 57% of all American adults and 73% of all those ages 12-17. Different people use Facebook in many different ways. Some people get on Facebook just to update their stats or upload a photo. Most of the time when I get on I change my stats then I look and like other people states as well. Some likely features about Facebook that I like are the apps and the games. Such as Candy Crush because it takes your mind away from things that’s going on. You can also download Facebook messenger so that you can get your messages faster. This app will also alert you automatically when you get a message. Different people make pages everyday about different types of business. For example Just Save, Hardees, and Carl’s Jr. On a business website you can design it any way that you like. With the name of the business, a little something about the business and what is your price ranges. Keeping in contact with some of the employees is what you can do on the business website as well. Don’t get me wrong Facebook can get you in trouble to. This is why you have to be careful about what you put on Facebook. Try not to put indirect quotes about people. Then more than likely...
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...Corruption and its impact on Growth, Business and Government Effectiveness Ivo Dimovsky Managerial Economics – Empirical paper EMBA - American University of Bulgaria April 4th, 2012 ABSTRACT Corruption, like an infection, has co-existed with human society for a long time. Corruption has received significant attention among economists and international financial institutions during the last few decades, given its impact on economic growth both in developed and developing countries. There is an increasing volume of literature on the relationship between corruption and economic growth, and the general conclusion is that corruption slows down the long-term growth of an economy through a wide range of negative post-effects. It hampers economic growth, disproportionately burdens the poor and undermines the effectiveness of any investment and aid. Some theoretical studies suggest that corruption may counteract government failure and promote economic growth in the short run, however in recent years this studies aren`t anymore valid given the clear message from the negative effects on society and the economic system. In this paper we will analyze and present: First, we will describe and list a number of causes and consequences of corruption, derived from recent international studies from worldwide organizations trying to fight corruption. Second, we will introduce a regression model that can help explain the negative relationship between corruption (Corruption Perception Index...
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...by Steven N. Kaplan and Per Strömberg* First Draft: August 2000 This Draft: August 2000 Abstract In this paper, we consider how venture capitalists (VCs) choose or screen their investments by studying the contemporaneous investment analyses produced by 10 venture capital firms for investments in 42 portfolio companies. Consistent with most academic and anecdotal accounts, we find that it is common for VCs to consider explicitly the attractiveness of the opportunity – the market size, the strategy, the technology, customer adoption, and competition – the management team, and the deal terms. We also provide evidence on how the venture capitalists expect to monitor those investments. In at least half of the investments, the VC expects to play an important role in recruiting management. Finally, we complement the investment analyses with information from the financial contracts for the investments and consider the relation of the analyses with the contractual terms and with subsequent performance. In both analyses, the evidence suggests that the VC’s initial appraisal of the management team is important. Stronger management teams obtain more attractive contracts and are more likely to take their companies public. G24: Investment banking; Venture Capital; Brokerage G32: Financing policy; Capital and ownership structure * Graduate School of Business, University of Chicago. This research has been supported by the Kauffman Foundation, by the Lynde and Harry Bradley...
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...retailing model to internet/online shopping stores (Levy & Weitz 2001; Chiang and Dholakia, 2003) (Solorzano, 2011; Ferguson, 2011). With this trend, many traditional retailers have developed their own online stores. There were also the “pure plays”, companies that are mainly start-up e-commerce businesses, which are competing alongside traditional retailers in the marketplace. According to the Internet World Stats 2011, there are currently over two billion Internet users daily at the growth of 480 percent in the past 10 years. This has certainly led to tougher competition for many internet retailers that want to stay competitive and profitable. These businesses want to differentiate themselves, become visible, and stand out above their competitors – gain a competitive advantage. According to Forrester, CIOs have a vital role to play in developing business strategy and framing business technology strategy. Through this approach, IT is viewed as a business enabler for value creation and with this thinking they believe it has a great opportunity to influence business agenda through technology innovation. Even though the effect of a high IT investment on the business’s performance has not been proved (Bharadwaj, 2000), these businesses, both the online-only stores and the “bricks and clicks”, are heavily investing in information technology (IT) infrastructures to conduct digital transactions and to capture more market segments. This leaves us with the following question – why...
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...TermPaperWarehouse.com - Free Term Papers, Essays and Research Documents The Research Paper Factory JoinSearchBrowseSaved Papers Search over 100,000 Essays Home Page » Business and Management Exercise 36 Questions to Be Graded In: Business and Management Exercise 36 Questions to Be Graded EXERCISE 36 Questions to be graded 1. The researchers found a significant difference between the two groups (control and treatment) for change in mobility of the women with osteoarthritis (OA) over 12 weeks with the results of F(1, 22) = 9.619, p = 0.005. Discuss each aspect of these results. * The F-value suggests that there is a significant difference between the results of the control and treatment groups. The P-value of 0.005 is < the alpha of 0.05. This suggest that the groups are significantly different and the null hypothesis should be rejected. 2. State the null hypothesis for the Baird and Sands (2004) study that focuses on the effect of the GI with PMR treatment on patients’ mobility level. Should the null hypothesis be rejected for the difference between the two groups in change in mobility scores over 12 weeks? Provide a rationale for your answer. * Treatment group mean = control group mean * With the p-value being < the alpha, the null hypothesis would be rejected indicating the difference in the mean mobility scores. 3. The researchers stated that the participants in the intervention group reported a reduction in mobility difficulty at week...
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...Huffman Trucking Driver’s Log Database Jules Mohr University of Phoenix BSA/310 Business Systems Facilitator: Heather Farnsworth January 22, 2010 Huffman Trucking Driver’s Log Database In this document I will describe the information database that Huffman Trucking uses for their Driver’s Log. The uses and significance of this database are varied including a list of drivers and their records of contact information as well as trip statistics and any moving violations. The Driver’s Log Database is necessary to Huffman Trucking business operations because it allows comparative analysis of driver's violations and trips. The Driver’s Log Database was written for Huffman Trucking by Smith System’s Consulting. This log contains the information for the entire contingent of driver’s employed by the company. The information is input by administrative personnel from interviews with and paper logs kept by the drivers. This database is divided into three disparate sections. The driver’s information section has contact, license, emergency contact, physical, and drug test information on each driver. The Driving Log holds the statistics from each trip. This includes driver information, co-driver information, driving times, sleeping berth times, on duty stop times, off duty time, trailer information, and odometer information. The violations log has the driver’s information as well as the date, state, description, status, and disposition of the violation along with...
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...Journal of Business & Economic Statistics 27, 417427. Baker, M. and J. Wurgler (2006). Investor sentiment and the cross-section of stock returns. Journal of Finance 61, 16451680. Baker, M. and J. Wurgler (2007). Investor sentiment in the stock market. Journal of Economic Perspectives 21, 129151. Baker, M., J. Wurgler, and Y. Yuan (2011). Global, local, and contagious investor sentiment. Journal of Financial Economics . Barberis, N., A. Shleifer, and R. Vishny (1998). A model of investor sentiment. Journal of Financial Economics 49, 307343. Ben-Rephaela, A., S. Kandela, and A. Wohla (2012). Measuring investor sentiment with mutual fund ows. Journal of Financial Economics 104, 363382. Bergsma, K. and D. Jiang (2013). Let's celebrate! cultural new year and stock returns around the world. Working paper, Florida State University. 30 Bodurtha, J. N., D. S. Kim, and C. Lee (1995). Closed-end country funds and u.s. market sentiment. Review of Financial Studies Vol. 8(3), pp. 879918. Bollen, J., H. Mao, and X. Zeng (2011). Twitter mood predicts the stock market. Journal of Computational Science 2 (1), pp. 18. Brown, W. G. and M. T. Cli (2005). Investor sentiment and asset valuation. Journal of Business 78(2), 405440. Campbell, J., S. J. Grossman, and J. Wang (1993). Trading volume and serial correlation in stock returns. Quarterly Journal of Economics 108(4), 905939. Choi, H. and H. R. Varian (2009). Predicting...
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...Executive Summary Over the last few years, the capital market of Bangladesh has witnessed a haughty growth which is not in line of development in the real sector of the economy. Although, the Securities and Exchange Commission (SEC) of Bangladesh has tried to correct the irregular behavior observed in the market, very often it is argued that lack of proper and firm decisions from the regulator’s side has contributed to make the market more unstable rather than to reduce it. The paper attempts to identify the inter relationship between the capital market and money market. The Capital Market of Bangladesh is passing tough times since December 2010 as high volatility is eroding the capital of Thousands of Investors that might turn into social instability. This fall is caused by many factors that I tried to identify and tried to link up between causal factors of market crash and regulatory failure and also tried to find out the inter-relationship between capital market and money market. Primary issue related problems was faulty listing methods and IPO overpricing, few numbers of new listings, revaluating assets before company listing, high premium in issuance of right share/Repeat IPO etc. while secondary market related problems was stock splits and stock price manipulations through block trading, circular trading and insider trading. Investor’s greed and irrational behavior played a big rule to make the stock prices sky rocking as they were crazy to buy shares without judging...
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...Date: 07/19/2011 Establishing the Global Context Prepared for: [pic] “Comparison and Critical evaluation of Recycling Industry in Canada and Malaysia” “I have read the Student Academic Code of Conduct and this assignment complies with the Code” Introduction Recycling is the process of turning used products into raw materials that can be used to make new products. Its purpose is to conserve natural resources and reduce pollution. Recycling a product requires less energy when compared to manufacturing a new product and some of the items being currently recycled are Paper, Plastic, Glass, Metals and Electronics (Ackerman, 2008). History of Recycling Waste management in Canada is considered to be a $5.6 Billion industry. Canada produced over 34 million tonnes of waste in 2008, out of which 25.9 million tonnes of waste was sent to public and private waste disposal facilities and the remaining 8.5 million tones was sent to recycling and composting, which has been practically unchanged since 2006 (Globe-Net, 2010). Waste management had become an issue of vital importance as Canada having a total of 800 landfill sites was facing a critical shortage of the landfill space with 30% already filled up leading to growing concerns about the environmental impacts of the traditional waste disposal methods. Reduction, Reuse, recycling and recovery were considered to play a key role in minimizing the wastes by 50% (Alberni Environmental Coalition, 1991). From a 16% recycling...
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...IMPACT OF WORKFORCE DIVERSITY ON ORGANIZATIONAL PERFORMANCE IN THE EDUCATION SECTOR OF KARACHI PAKISTAN 1Hafiza Sumaiyyah Iqbal, 2Faiza Maqbool Shah (Supervisor) Department of Business Administration, Jinnah University for Women (JUW) Karachi Pakistan ABSTRACT Diversity is gradually used and accepted as a significant organizational resource in esteems to whether the objective is to be an employer of choice, to offer outstanding customer service, or to sustain a competitive advantage. It also has verified to have controlled to an opinion of being essential for organizational performance. This ultimate faith forces managers to hold and understand the theory of workplace diversity, its benefits and barriers. The purpose of this research is to discover the impact of diversify workforce towards organizational performance which focus into the education sector. The research also emphases on workforce diversity which contains the gender, ethnic and education background of the employees which is the utmost critical variables amongst all the others. The research was done by distributing 100 questionnaires to the faculty members of 5 different universities of Karachi. The questionnaire outcomes show that there is an impact on performance when diverse workforce is working in the education sector. Key words: Workforce Diversity, Organization, Performance, Gender, Ethnic, Qualification, Karachi, Universities. ___________________________________________________________________________ ...
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