...Contract Law Name: Institution: Question 2 In instigating a legal redress against the company, Patrick would argue that the company owed him a legal duty to care a reasonable man would consider under the circumstances (Schwartz, Alan, and Robert 542). Patrick would argue that by the company failing to exercise this reasonable duty to care, he suffered actual damages (Schwartz, Alan, and Robert 546). Patrick can sue the company for negligent and claim for damages upon approving that the company had a duty to him and to the general public to care, and that had they cared enough, the placard could have been fixed well and the accident would have not occurred (Scott and Robert 1645). The court, in making their judgment would consider whether the damages Patrick suffered were reasonably foreseeable at the time of the alleged negligent act (Scott and Robert 1646). Patrick is more likely to win the negligent case. In case of the stolen car, Patrick had no agreement that is legally enforceable with the company permitting him to park the car at the company premises (Markovits and Daniel 1418). The company would urge that they, therefore, do not owe Patrick any duty to care for the lost property as they had forewarned him in the placard that any damage or loss of property in the company’s property would be his sole responsibility (Markovits and Daniel 1418). Question 3 Michael and Gordon enterers into an agreement that is legally enforceable (contract)...
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...------------------------------------------------- Clarence Williams ------------------------------------------------- EN102 Outline for argument analysis: Arrested Development I. ------------------------------------------------- Introduction: * ------------------------------------------------- James Forman Jr. targets this article towards conservatives who oppose racial profiling * ------------------------------------------------- Claim: Forman claims that racial profiling is an ineffective way to enforce the law and should be stopped. ------------------------------------------------- II. Summary: "Arrested Development" by James Forman Jr. , is an article that looks at the issue of racial profiling. III. ------------------------------------------------- James Forman Jr. is a Professor of Law at Yale Law School. He is a graduate of Brown University and Yale law school * ------------------------------------------------- Yale faculty biographies ------------------------------------------------- IV. ------------------------------------------------- Forman aims this article towards conservatives which is a good choice because conservatives are color blind meaning they see people as equal. ------------------------------------------------- -Quote ------------------------------------------------- V. ------------------------------------------------- Forman appeals to the reader’s emotions by telling stories about the students of Maya...
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...that the Appellee appeared on at least two occasions out of uniform and refused to performed job duties for a day, which included dispensing medication to patients. On a separate occasion, Appellee again refused to perform duties as relief medication aid. Finally, Appellee was noted to be unethical and time consuming in performing job duties. Appellant denied unemployment on grounds of misconduct due to Appellee’s repeated disregard for rules and job responsibilities. Issue. Whether the Appellant had just cause to deny unemployment benefits to Appellee upon termination of employment after one year for repeated misconduct under § 59-9-5(b), N.M.S.A. 1953. Rule. The term “Misconduct” is not defined in the Unemployment Compensation Law [§ 59-9-5(b), N.M.S.A. 1953]. In Boynton Cab Co. v Neubeck, 237 Wis. 249, 259-60, 296 N.W. 636, 640 (1941), the Wisconsin Supreme Court defined misconduct as limited to conduct evincing such wilful wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness of negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his...
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...Brandeis was a United State Supreme Court Justice that fought against monopolies and big business and was a tireless advocate for free speech. Brandeis was best known for publishing his famous article in the Harvard Law Journal, for publishing his book about the banking industry, for upholding laws that protect the publics’ privacy and the freedom of expression and as the first Jewish Supreme Court Justice. Louis Brandeis was born in Kentucky on November 13, 1856 to Adolph Brandeis and Frederika Dembitz. His parents were Bohemian Jews that had a strong belief in culture and encouraged Brandeis’ education. Consequently, Brandeis graduated high school at the young age of 14. He first attended college in Kentucky but later transferred to Germany when his father had to relocate. He went on to study at Harvard Law School and graduated in 1875 as valedictorian at the age of 20. Brandeis started practicing law in St. Louis, Missouri and after a short time, he moved back to Boston to start a law firm with former Harvard classmate, Samuel Warren. The firm of “Warren and Brandeis” spent much of their time arguing against monopolies and large corporations and advocating for free speech. Together Brandeis and Warren published a famous article in The Harvard Law Review, “The Right to Privacy.” This article argued that private citizens should have the right to be left alone and the press should not be permitted to publish their photos or the details of their lives without their permission...
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...The Case of the Speluncean Explorers 01/21/2007 03:58 PM « zurück © 1949 by Harvard Law Review Vol. 62, No. 4, February 1949 The Harvard Law Review Association Cambridge, Mass., U.S.A. THE CASE OF THE SPELUNCEAN EXPLORERS by LON L. FULLER IN THE S UPREME COURT OF NEWGARTH , 4300 The defendants, having been indicted for the crime of murder, were convicted and sentenced to be hanged by the Court of General Instances of the County of Stowfield. They bring a petition of error before this Court. The facts sufficiently appear in the opinion of the Chief Justice. TRUEPENNY, C. J. The four defendants are members of the Speluncean Society, an organization of amateurs interested in the exploration of caves. Early in May of 4299 they, in the company of Roger Whetmore, then also a member of the Society, penetrated into the interior of a limestone cavern of the type found in the Central Plateau of this Commonwealth. While they were in a position remote from the entrance to the cave, a landslide occurred. Heavy boulders fell in such a manner as to block completely the only known opening to the cave. When the men discovered their predicament they settled themselves near the obstructed entrance to wait until a rescue party should remove the detritus that prevented them from leaving their underground prison. On the failure of Whetmore and the defendants to return to their homes, the Secretary of the Society was notified by their families. It appears that the explorers had...
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...Shame is Worth a Try - Argument Dan M. Kahan Dan M. Kahan was born in 1963 and graduated from Middlebury College in 1986 and Harvard Law School in 1989, where he served as president of the Harvard Law Review. He clerked for Judge Harry Edwards of the U.S. Court of Appeals for the District of Columbia circuit in 1989–1990 and for Justice Thurgood Marshall of the U.S. Supreme Court in 1990–1991. After practicing law for two years in Washington, D.C., Kahan launched his teaching career, first at the University of Chicago Law School and later at Yale Law School, where since 2003 he has been the Elizabeth K. Dollard Professor of Law. His teaching and research interests include criminal law, risk perception, punishment, and evidence. Kahan, who has written widely in legal journals on current social issues including gun control, is coauthor, with Tracey Meares, of Urgent Times: Policing and Rights in Inner-City Communities (1999). From 2005 to 2006, he was deputy dean of Yale Law School. In the following essay, first published in the Boston Globe on August 5, 2001, Kahan argues in favor of the use of shame as a punishment that is “an effective, cheap, and humane alternative to imprisonment.” Shame Is Worth a Try Is shame an appropriate criminal punishment? Many courts and legislators around the country think so. Steal from your employer in Wisconsin and you might be ordered to wear a sandwich board proclaiming your offense. Drive drunk in Florida or Texas and you might be...
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...DISC 1312 11/09/2012 Logic and Consistency I would like to begin with a reminder of the purpose and importance of the job with which the people of this land have entrusted us. As justices of the Commonwealth, we are responsible for interpreting and applying the written law as accurately and fairly as possible. The citizens that have entrusted us with these positions expect us to have a comprehensive understanding of the complexities of law and how consistency and continuity of verdicts will be ensured over time. This being said, I believe that the case involving the unfortunate explorers is one of greater importance than most. The verdict we reach will decide if this court is truly one of fairness and law. The facts of the case are such: the four indicted men murdered one of their co-explorers, they did so knowing that there may be legal consequences, and they were not unstable enough to rule that they were acting completely out of a civil state of mind. While there were unique and extreme extenuating circumstances that undoubtedly had an effect on their decisions, we cannot allow emotional reaction and sympathy to cloud our legal judgment. Based on the facts and my understanding of my role as a justice of this court, the only decision we should reach would be to charge the men with murder. I believe that we must first establish that, considering the extreme circumstances of entrapment and isolation that the four men were subject to, it would be logical to assume that they...
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...Becker CPA Review, PassMaster Questions Lecture: Regulation 7 CPA PassMaster Questions–Regulation 7 Export Date: 10/30/08 1 © 2009 DeVry/Becker Educational Development Corp. All rights reserved. Becker CPA Review, PassMaster Questions Lecture: Regulation 7 Agency CPA-01299 Type1 M/C A-D Corr Ans: C PM#1 R 7-01 1. CPA-01299 Lw R02 #5 Page 12 Lee repairs high-speed looms for Sew Corp., a clothing manufacturer. Which of the following circumstances best indicates that Lee is an employee of Sew and not an independent contractor? a. b. c. d. Lee's work is not supervised by Sew personnel. Lee's tools are owned by Lee. Lee is paid weekly by Sew. Lee's work requires a high degree of technical skill. CPA-01299 Explanation Choice "c" is correct. A clear example of an employee is one who works full time for the employer, uses the employer's tools, is compensated on a time basis, and is subject to supervision of the employer in the details of the work. A clear example of an independent contractor is one who has a calling of his own, who uses his own tools, is hired for a particular job, is paid a given amount for the job, and follows his own discretion. Thus, payment on a weekly basis is an indication that a person is an employee rather than an independent contractor. Choice "a" is incorrect. If Lee's work is not supervised by Sew's personnel, per the above, that would be an indication of independent contractor status. Choice "b" is incorrect. Per the above, Lee's...
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...BECOMING A TEXAS CPA TABLE OF CONTENTS EXECUTIVE SUMMARY ………………………………………………………………......i INTRODUCTION ……………………………………………………………………….…...1 BECOMING A TEXAS CPA ………………………………………………………………..1 TEXAS UNIFORM CPA EXAM ………….…………………………………………….…..1 Requirements and Application to Sit ...……………….………………….……….…..1 Topics and Structure …………………………….……………………………………3 Rules, Testing Windows, and Sites ………….……………………………………….4 CPA EXAM PREPARATION ………………….……………………………………………4 ADDITIONAL REQUIREMENTS …………….……………………………………………5 CONCLUSION ………………………………………………………………………………5 APPENDIX A ...………………………………………………………………………….…..6 BIBLIOGRAPHY ......………………………………………………………………………..7 EXECUTIVE SUMMARY This report provides the requirements and steps to become a Certified Public Accountant (CPA) in Texas. In addition, it addresses the requirements to apply for and sit for the Texas Uniform CPA Exam, which details the topics covered and the structure of the exam. The report presents the rules, sites, and testing windows under which the exam can be taken. It also discusses the resources available in preparation for the exam. Finally, it includes the additional requirements to become a Texas CPA once a candidate passes the exam. The Texas State Boards of Accountancy determines the laws and rules for becoming a CPA in the state of Texas. The candidates who meet specific eligibility requirements will be issued certificates to practice public accountancy within the state. These requirements...
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...Control Services Members in government, both mangers and auditors, must understand the concepts of internal control and independence and the effect they have on the CPA practitioners that the government hires for both its financial statement audits and for other nonaudit engagements related to internal control services. As auditing standards have evolved, the auditors may no longer default to a maximum control risk but now should obtain a sufficient understanding of internal control by performing risk assessment procedures to evaluate the design of controls relevant to an audit of financial statements and to determine whether they have been implemented.1 This may result in the auditor spending additional time. Additionally, internal control deficiencies identified by an auditor that upon evaluation are considered significant deficiencies or material weaknesses should be communicated in writing to management and those charged with governance.2 This standard also has led to a great deal of discussion about what is or is not a control and what role an auditor can play, with respect to the client’s system of internal control. Even if a CPA practitioner does not perform audits but performs reviews and compilations, it is important that he or she understand internal control because of the possible independence ramifications. A CPA practitioner’s independence would be impaired if he or she establishes or maintains internal control for a client.3 This paper describes the concepts of internal...
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...Becker CPA Review, PassMaster Questions Lecture: Regulation 7 CPA PassMaster Questions–Regulation 7 Export Date: 10/30/08 1 © 2009 DeVry/Becker Educational Development Corp. All rights reserved. Becker CPA Review, PassMaster Questions Lecture: Regulation 7 Agency CPA-01299 Type1 M/C A-D Corr Ans: C PM#1 R 7-01 1. CPA-01299 Lw R02 #5 Page 12 Lee repairs high-speed looms for Sew Corp., a clothing manufacturer. Which of the following circumstances best indicates that Lee is an employee of Sew and not an independent contractor? a. b. c. d. Lee's work is not supervised by Sew personnel. Lee's tools are owned by Lee. Lee is paid weekly by Sew. Lee's work requires a high degree of technical skill. CPA-01299 Explanation Choice "c" is correct. A clear example of an employee is one who works full time for the employer, uses the employer's tools, is compensated on a time basis, and is subject to supervision of the employer in the details of the work. A clear example of an independent contractor is one who has a calling of his own, who uses his own tools, is hired for a particular job, is paid a given amount for the job, and follows his own discretion. Thus, payment on a weekly basis is an indication that a person is an employee rather than an independent contractor. Choice "a" is incorrect. If Lee's work is not supervised by Sew's personnel, per the above, that would be an indication of independent contractor status. Choice "b" is incorrect. Per the above, Lee's...
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...CHAPTER 1 The Role of the Public Accountant in the American Economy Review Questions 1–1 The “crisis of credibility” largely arose from the number of companies that restated their previously issued financial statements as a result of accounting irregularities and fraud. Especially responsible were the very visible Enron and WorldCom fraud cases. Both companies filed for bankruptcy and constituted the largest companies in American history to do so. The extent of the accounting irregularities and fraud being investigated and disclosed brought into question the effectiveness of financial statement audits. In addition, the criminal conviction of Arthur Andersen, LLP, one of the then Big 5 accounting firms, on charges of destroying documents related to the Enron case brought into question the ethical standards of the profession. 1–2 Assurance services are professional services that enhance the quality of information, or its context, for decision making. The two types are: (a) those that increase the reliability of information and (b) those that involve putting information in a form or context that facilitates decision making. 1–3 A financial statement audit is, by far, the most common type of attest engagement. The overall assertion, made by management, most frequently is that the financial statements follow generally accepted accounting principles. 1–4 A large corporation with securities listed on a stock exchange is required by the rules of the stock...
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...CPA Report Dawn Rouse ACC545 December 9, 2013 Jeffrey Mitchell CPA Report INTERNAL MEMO TO: Management FROM: Dawn Rouse, CPA RE: CPA Report ------------------------------------------------- DATE: December 9, 2013 ------------------------------------------------- I’m writing to let give you the rough draft of the information that I will provide to the CPAs in response to their questions about the subsidiary. You will find my responses to their questions along with the information you request regarding the responsibilities of a CPA and the differences between a review and an audit. US GAAP (SFAS 109) requires deferred taxes to be computed under the liability method. This method states that deferred tax assets and liabilities are recognized when there is a temporary difference between the stated value of an asset or liability for tax purposes and the value for financial reporting purposes. Deferred tax is contingent on future revenue and income being sufficient to offset the deferred tax. When an asset’s carrying value exceeds its tax basis the result is deferred tax and when it is less it is considered a tax asset. When a liability’s carrying value exceeds its tax basis, the result is a tax asset and when it is less it’s a tax liability. SFAS 154 requires “retrospective application” for any voluntary changes in accounting principles. Restating comparative financial statements to show the new method as if it had been applied the whole time is retrospective...
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...CHAPTER 1 AUDITING AND THE PUBLIC ACCOUNTING PROFESSION – INTEGRITY OF FINANCIAL REPORTING |LEARNING CHECK | 1. SEVERAL COMMON ATTRIBUTES OF ACTIVITIES DEFINED AS AUDITING ARE (A) SYSTEMATIC PROCESS, (B) OBJECTIVELY OBTAINING AND EVALUATING EVIDENCE, (C) ASSERTIONS ABOUT ECONOMIC ACTIONS AND EVENTS, (D) DEGREE OF CORRESPONDENCE, (E) ESTABLISHED CRITERIA, (F) COMMUNICATING THE RESULTS, AND (G) INTERESTED USERS. 2. A financial statement audit involves obtaining and evaluating evidence about an entity's financial statements for the purpose of expressing an opinion on whether the statements are presented fairly in conformity with established criteria--usually GAAP. Thus, the nature of the auditor's report is an opinion on the fairness of the financial statement presentation. A compliance audit involves obtaining and evaluating evidence to determine whether certain financial or operating activities of an entity conform to specified conditions, rules, or regulations. A report on a compliance audit takes the form of a summary of findings or assurance regarding degree of compliance. An operational audit involves obtaining and evaluating evidence about the efficiency and effectiveness of an entity's operating activities in relation to specified objectives. Reports on such audits include an assessment of efficiency and effectiveness and recommendations for improvements. 3. Independent auditors are individual practitioners or members of public...
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...eligible to take the CPA exam, a person must have a Bachelor’s degree or higher and must have completed at least 150 semester credits of college education (Board of Accountancy Washington State). Within these 150 semester credits, 24 credits must be in accounting subjects with 15 credits at the upper or graduate level and 24 credits must be in business administration subjects (Board of Accountancy Washington State). The Board must also recognize your school as an accredited college. If your education was outside of the United States or was received from a non-accredited US college or university, the education has to be evaluated by a recognized evaluation service (Board of Accountancy Washington State). The CPA exam consists of multiple choice questions, written communication, and task based simulations. There are two sections to the CPA exam: the content specification outlines (CSOs) which covers auditing and attestation, financial accounting and reporting, regulation, and business environment and concepts; and the skill specification outlines (SSOs) which covers knowledge and understanding, application of the knowledge, and written communication (American Institute of CPAs, 2013). The auditing and attestation section of the CSOs covers auditing standards for public and non-public entities, government entities, and not-for-profit entities. It also covers employee benefit plans, standards related to attestation and assurance, standards for accounting and review services, and knowledge...
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