...Running head: PUERTO RICO local law paper Puerto Rico local law paper Name School Instructor Course number 1) The concept of Mercantile Right in P.R. to tenor with the cases of the Supreme Court of Puerto Rico; Fish market Pink v. Lozada, 116 DPR 474 (1985) and Reece v. Ariela, 122 DPR 270 (1988). CONCEPT OF MERCANTILE RIGHT Mercantile right is the negotiation or traffic that applies to commerce for the purpose of making a profit. This right is protected by laws that give a person or business entity the right to engage in commerce. According to Tulane University Professor Vernon V. Palmer (2001), Puerto Rico's mercantile law stems from various sources (primarily Spanish and US) and has different statutes for different areas that are relative to commercial and industry. In 1995, Puerto Rico adopted Articles 5, 7, 8, and 9 of the United States' Uniform Commercial Code and as such, greatly affected by legal changes and decisions in the US. APPLICATION TO THE CASES FISH MARKET PINK, INC. v. OSVALDO LOZADA CREEK In June 1980, Lozado bought a boat that had been registered as a fishing vessel. In July 1980, Lozada (not a fisherman) sold a boat to Rosas. The sale included a loan amount for repairs necessary. In 1981, Rosas founded the Pink Company/Signature Fishing Market (???) and transferred the debt from a personal one to one of the business. In 1983 Lozada began collection attempts on the loan amount. The loan amount was being disputed by Rosas as not a valid...
Words: 1447 - Pages: 6
...How to Handle the Safety How to handle the situation Issues can arise in every organization where the HR team must react and make very important decisions taking in consideration the long term place of the organization. In this exercise we encounter with this. When an organization needs to lay off people, there is no perfect way for doing it. Every turn that the organization takes, will lead to a possible scenario where the organization will need to deal with litigation process and this case presents it clearly. The company has five possible people that because of the elimination of the online distribution department must be analyze and if there is no other place in the organization for them, they must be let go. In all of the scenarios there is a possible discrimination charge by the employee against the organization, so it must be handled in a certain matter, minimizing the damage to the organization. The decision The players are selected, and the HR department must analyze the outcomes each one of them brings to the table. The first employee is gay, and has been having problems with a fellow employee, which will bring a discrimination conflict about sexual orientation. The organization must be very careful because this is an easy case against the organization. The second employee is considered a good employee but since he has been diagnosed with a disease that it can be proven it was obtained because of the long hours spent working in a project, the organization...
Words: 1373 - Pages: 6
...Phoenix ACC/561PR Prof Rafael Marrero Diaz November 26, 2014 Accounting Laws Memo To: Rafael Rodriguez From Carlos Carrion Pastrana – Business Consultant Re: Process and Laws that apply in Puerto Rico to establish a business corporation. It is a pleasure to help and guide you through the process of regulations and steps in establishing a community pharmacy in Puerto Rico. This type of business is very regulated and includes both state and federal laws. -The first thing that must be done is to get incorporated in the Department of State in accordance with the corporations law 164 of 2009 with a company name that is not registered yet and offering a physical address into which municipality will be the headquarters. Then a business social security issued by the Department of Treasury Internal Revenue Services must be obtained. This number will identify the corporation when doing business among other business and when paying taxes to the state and municipality. -A merchant registry number (registro de comerciante) must be obtained also by the department of treasury, here you will specify the exact mailing and physical address and what type of business will be conducted under that corporation. Additional documents are needed: * Lease Contract * Use Permit (Obtained in the municipality if it is autonomous, if not in OGP offices) and is granted by ARPE * Fire Department endorsement (Extinguishers and emergency exits) * Health department...
Words: 712 - Pages: 3
...a new global market. During this time the team developed a business strategy to promote DCC and bring its product line to Puerto Rico. Early on DCC had to conduct a regional analysis, country analysis, and an organization and product or service analysis. Regional Analysis Regional Alliances and Economic Integration Puerto Rico is just one of many Caribbean countries, which make up the Caribbean Community and Common Market (CARICOM). This regional integration between Caribbean countries, formed in 1973. According to the United States Trade International Commission (2008), “The purpose of regional integration is to achieve economic gains through free trade flow and investments between neighboring countries often by lowering or eliminating tariffs against imports from fellow member countries. These actions increase duty free trade, tourism, movement of labor, and the flow of capital across national borders, reducing the possibility of conflict. Regional integration promotes global business in that it removes, in stages or altogether, previous barriers to foreign investments and other business ventures” (Trade policy for Development). Duty free access and tax incentives encourage the United States firms to invest heavily in Puerto Rico to assist in promoting Puerto Rico's prosperous trade. “Puerto Rico’s industries include pharmaceuticals, electronics, textiles, petrochemicals, processed foods, clothing and...
Words: 6790 - Pages: 28
...paper address the challenges to determine what parts of the Affordable Care Act can apply to Puerto Rico and the impacting the Medicare, Medicare patient services and employees. Most of the people in the island think that the Affordable Care Act is giving more security and help to address the existing disparities in the healthcare system. With the new Patient Protection & Affordable Care Act, the insurance companies can no longer drop the coverage if one becomes sick, bill individual into bankruptcy because of an annual or lifetime limit, and they will not be able to discriminate against anyone with a pre existing condition. Most of the Medicare and Medicaid community suffers do to the imbalance in our healthcare system this situation affects the quality of care and places a financial strain on the government, individuals and families, employers and employees, and public and private providers. Most of the Medicare beneficiaries have to enroll in the MA program to help them to succeed and receive the adequate treatments without MA to help the disadvantaged seniors on the island, Puerto Rico's elderly citizens will be forced to turn to Mi Salud in larger numbers. Although Mi Salud is scheduled to receive an average of $690 million annually during the next five years, the widening deficit in MA funding is likely to create a net negative impact on federal funding for healthcare in Puerto Rico. The Health care Policies and Issues Ethical concerns and issues The Affordable Care...
Words: 10927 - Pages: 44
...u01a1 – Case Law Analysis: Judicial Concepts Student: Beatriz T. Halbert Instructor: Professor Melvin Landry Quarter: Fall 2013 Course: BUS3021 I selected U.S. Supreme Court (Court) case Commonwealth v. Continental Casualty, 393 U.S. 145 (1968) for my case law analysis on judicial concepts. The Court heard arguments on October 22, 1968. Mr. Justice Black delivered the opinion of the Court on November 18, 1968. The petitioner, Commonwealth Coatings, sued Continental Casualty, on the prime contractor’s bond to recover money due for a painting job. The contract between the prime contractor and the subcontractor included an arbitration provision. The petitioner selected an arbitrator, the prime contractor selected another arbitrator, and the two arbitrators selected a third. The third arbitrator was an engineering consultant who had provided occasional services to the prime contractor over a four to five year period. The prime contractor paid approximately $12,000 in fees to the individual during the referenced period. The petitioner challenged the arbitration award on the basis that the prime contractor failed to disclose this relationship until after the award. The Court of Appeals affirmed the District Court’s refusal to set aside the award (Commonwealth Coatings, 1968). The Court held that arbitrators should disclose any dealings that might create the perception of bias. Since the prime contractor failed to disclose their relationship with the third arbitrator...
Words: 710 - Pages: 3
... Molina Healthcare targets low-income individuals and families in need of healthcare insurance coverage as well as medical attention in the 11 states they are present in, California, Florida, Illinois, Michigan, New Mexico, Ohio, South Carolina, Texas, Utah, Washington, Wisconsin, and the Commonwealth of Puerto Rico . With the passing of the Affordable Care Act the market of potential customers has grown and includes every individual participating in the Marketplace looking for minimum essential coverage. For its health management information system, the customers are the Medicaid, and Medicare agencies in the states they operate in. Main product or service the company markets? Molina Healthcare markets their health insurance plans that provide a low cost option for many individuals and families that require coverage and receive government assistance. They are a multi-state health care organization that provides direct service of health care through their clinics. How does the company earn money? Molina Healthcare has 3 segments of revenue: the Health Plans segment, the Medical Clinics segment and the Medicaid Solutions segment. The Health Plans segment consists of Medicaid contracts, Medicare Advantage plans, and Marketplace plans. The Medical Clinics segment provides primary care services such as prenatal care, immunizations and flu shots. The Medicaid Solutions segment provides business processing, information technology development, and administrative services to...
Words: 472 - Pages: 2
...caribbean studies notes MODULE ONE LOCATION AND DEFINITION OF THE CARIBBEAN REGION Definition of the Caribbean Region Geographical This describes the area washed by the Caribbean Sea and is often described as the Caribbean Basin. It would therefore include most of the islands of the Lesser Antilles, Greater Antilles as well as the mainland territories in Central America (Costa Rica, Belize, Panama, Honduras) and Northern South America such as Columbia and Venezuela. The common link here is the Caribbean Sea. Geological There are deep seated structural features of Caribbean geology which also identifies commonalities. It is the area that is defined by the Caribbean Plate and which experiences similar tectonic, seismic and volcanic features and processes. Historical It describes the area that saw the impact of European colonization, slavery, indentureship and the plantation system. this refers to all the territories so that one way of defining the Caribbean is to identify those countries that experienced the rule of specific European countries. Thus the Caribbean may be defined as being broken up into the English, French, Dutch and Spanish speaking countries and territories. Political In the Caribbean at least three types of governmental systems are found. They include Independent States, Associated States and Colonial Dependencies. CHARACTERISTICS OF SOCIETY Society Society is a collection of people occupying a defined geographical...
Words: 9332 - Pages: 38
...1.2. TRENDS AND PATTERNS OF MIGRATION TO AND FROM CARIBBEAN COUNTRIES Elizabeth Thomas-Hope[1] INTRODUCTION Migration has become deeply embedded in the psyche of Caribbean peoples over the past century and a half. It has evolved as the main avenue for upward mobility through the accumulation of capital – financial and social. Thus the propensity for migration is high and there is a general responsiveness to the opportunities for moving whenever they occur. At times these opportunities have come from within the region itself or the wider circum-Caribbean region, as in the late nineteenth and early twentieth centuries; in more recent times from North America and Europe. The migration dynamic reflects the interplay of international, national and highly personal circumstances. Global changes affect the international economic order and the division of labour and, as a consequence, legislative controls and inducements to the movement of labour across selective national borders. At the national level, economic, social, demographic and political factors influence the variable access of people to economic rewards and social opportunities. But migration is not a passive reaction to internal ‘pushes’ and external ‘pulls’. Within this wider international and national context, migration is part of a dynamic set of negotiations at all levels. For whether ‘free’ movement or refugee, there is a selective process that operates at the interface of the needs of...
Words: 9235 - Pages: 37
...AGRARIAN REFORM CURRENT ANG HISTORICAL PROBLEMS BRIEF HISTORICAL BACKGROUND OF AGRARIAN REFORM * Historically, agrarian-related remedies extended by past regimes and administrators proved to be totally unable to fulfill the promise of alleviating the quality of life of the landless peasants. * The land laws have invariably contained provisions that enabled powerful landowners to circumvent the law, or even use the law to sustain and further strengthen their positions in power. 1. Pre-Spanish Era - Land was not unequally distributed before the Spaniards came to the Philippines. - The notion of private property was unknown then. - The community (barangay) owned the land. 2. Spanish Period (1521-1898) - One of the major initial policies of the governorship of Legazpi was to recognize all lands in the Philippines as part of public domain regardless of local customs. - As such, the crown was at liberty to parcel out huge tracts of Philippine lands as rewards to loyal civilian and military as rewards. * In effect, communal ownership of land gradually and slowly took the backseat. * Private ownership of land was introduced. * With this arrangement, every municipal resident was given his choice of the land for cultivation, free from tax. * Large tracts of uncultivated lands not circumscribed within a given municipality were granted by the Spanish monarch to deserving Spaniards. * This kind of ownership became known as the encomienda...
Words: 2342 - Pages: 10
...United States Main article: Health care reform in the United States Health care reform in the United States Healthcare reform in the US Debate over reform History Latest enacted legislation Patient Protection and Affordable Care Act (Senate bill - H.R. 3590) Health Care and Education Reconciliation Act of 2010 (H.R. 4872) preceding legislation Social Security Amendments of 1965 Emergency Medical Treatment and Active Labor Act (1986) Health Insurance Portability and Accountability Act (1996) Medicare Prescription Drug, Improvement, and Modernization Act (2003) Patient Safety and Quality Improvement Act (2005) [show] More information -------------------------------------------------------------------------------- This box: view· talk· edit See also: Patient Protection and Affordable Care Act Maximum Out-of-Pocket Premium as Percentage of Family Income (Source: CRS) In the United States, the debate regarding healthcare reform includes questions of a right to health care, access, fairness, sustainability, quality and amounts spent by government. The mixed public-private health care system in the United States is the most expensive in the world, with health care costing more per person than in any other nation, and a greater portion of gross domestic product (GDP) is spent on it than in any other United Nations member state except...
Words: 3815 - Pages: 16
...JetBlue Questions for Discussion 1. Give examples of needs, wants, and demands that JetBlue customers demonstrate, differentiating these three concepts. What are the implications of each for JetBlue’s practices? * First of all people who go to an airline are because they have the need to travel, which the main feature is. Inducing the consumer or person, as their main need. * JetBlue customers to contract your travel company this time JetBlue, wanted a good service during the flight, as the other American airlines had a basic customer service, which did not feel very comfortable, where they found an airline that will feature an extensive variation of national destinations, also where the client does not feel comfortable with the treatment of the service on board, where he had nowhere to eat, no technology on board, little comfort seats and above very low value of the company to its customers. * National Flights In United States, apart from being very basic and failing to meet the expectations of consumers and transform routine travel to something kind of awkward for people, also did not have the best rates, and this is what people demand, apart from good service to meet their needs also need to optimize resources. The implication for the needs, wants and demands of customers because the bad services of the other airlines it provoked that JetBlue was renewing all his ideology and it will begin to be employed at his culture focusing especially in...
Words: 3954 - Pages: 16
...Article advocates updating the law governing marriage formation to recognize the shift in social interactions from real to virtual life. We argue that couples can use internet communications not only to marry when separated by great distance but also to choose which state’s laws will authorize their marriage. In particular, same sex couples could marry under the laws of a state that permit such unions, regardless of where they exchange vows. States inadvertently have created geographic monopolies, requiring each marriage receiving the benefits of their licensing laws to be performed within their borders. This Article’s model builds upon established precedents, such as proxy marriage and choice of law for multijurisdictional and internet contracts. Using the power of internet communications, our proposal allows states to compete over marriage’s procedures and substance. Depending on a couple’s preferences for “e-ritual” and a state’s desired level of regulatory control, couples could consume the trappings of a traditional ceremony before their friends and family, without travelling to another jurisdiction, perhaps with an officiant presiding on-line from a remote location. More simply, couples could have a complete marriage ceremony in the location of their choice, but would receive a license and file necessary papers with a distant state jurisdiction. Some states do not recognize types of marriages that other states...
Words: 27161 - Pages: 109
...[pic] FIRST ARMY EQUAL OPPORTUNITY REPRESENTATIVE COURSE STUDENT GUIDE TO CULTURAL AWARENESS INDEX LESSON TITLE PAGE 1 Philosophical Aspects of Culture SG- 3 C1 Native American Experience SG- 4 C2 White American Experience SG- 23 C3 Arab American Experience SG- 43 C4 Hispanic American Experience SG- 53 C5 Black American Experience SG- 76 C6 Asian American Experience SG-109 C7 Jewish American Experience SG-126 C8 Women in the Military SG-150 C9 Extremist Organizations/Gangs SG-167 STUDENTS ARE RESPONSIBLE FOR BEING FAMILIARIZED WITH ALL CLASS MATERIAL PRIOR TO CLASS. INFORMATION PAPER ON THE PHILOSOPHICAL ASPECTS OF CULTURAL DIFFERENCE Developed by Edwin J. Nichols, Ph.D. |Ethnic Groups/ |Axiology |Epistemology |Logic |Process | |World Views | | | | | |European |Member-Object |Cognitive |Dichotomous |Technology | |Euro-American |The highest value lies in the object |One knows through counting |Either/Or...
Words: 63019 - Pages: 253
...Commonwealth of Massachusetts Driver’s Manual Revised 05/2013 $5.00 Commonwealth of Massachusetts DRIVER’S MANUAL Revised 05/2013 A Message to Massachusetts Motorists from Rachel Kaprielian, Registrar of Motor Vehicles Dear Motorist, This Driver’s Manual provides important information about the many services offered by the Registry of Motor Vehicles at our branch locations and through our website at www.massrmv.com. Whether you have questions about the documents you need to apply for a driver’s license, how to renew a registration, or when you need to have your vehicle inspected, the answers are all in here. I encourage you to read it thoroughly and keep it handy as a future resource. The RMV Driver’s Manual can help you prepare for a visit to one of our branches, our website, or a phone call to our customer service center. We know from experience that informed customers help us provide quicker, more efficient service and reduce the possibility of a return visit. I encourage you to utilize our virtual branch before you stand in line, as most routine RMV services can be completed through the Internet. The RMV has also included all the rules of the road that apply to motoring on the roads of the Commonwealth in an effort to help reduce crashes and injuries. In today’s world, although some people choose to travel using healthy transportation modes of walking, bicycling, or mass transit, many residents need to rely on motor vehicles. Yet owning a vehicle and holding...
Words: 65404 - Pages: 262
