...“The Rich Nation and The Poor Nation” talks about the differentiation of countries toward each other. The book has six (6) chapters: The Rich Nations, The Poor Nations, Communism Blue Print, The Economics of Development, The Politics of Development, and lastly Not by Bread Alone. Individually, it discusses topics that may help the low-economy country to rise like the others. Each chapter, although individually implied, relate their discussions to one another. We live in a most catastrophically revolutionary age that men have ever faced. Revolutions is not what we think about an event or series of interconnected event but it is ideas that changes our ways of life, the way we look things, changes everything out of recognition and changing it fast. The distinction between rich nations and poor nations is one of the great dominant political and international themes of our country. Underdeveloped is not the best way to describe the poor nations because some of them had been in the great civilization. Communism is a sort of resume of the revolutions that make up mo0drenization and it offers a method of applying them speedily to societies caught fat in the dilemmas of transition. The Rich Nations talks about four revolutions that seem to weave their way in to countries that have good economic conditions. The first revolutionary idea is the revolution of equality –equality of men and equality of nations. Limited to the discussion...
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...MANDATE Mandate =Representation; Many types of mandate; lawyer; corporate directors; Mandate=Agency Mandator=principal Mandatary=Agent 2130 C.C.Q. Definition Mandator: Grants powers to represent him; Mandatary: Receives power to represent; Must accept the powers and then must exercise the functions or duties Power of attorney: Refers to the document or the power itself 2131 C.C.Q. May have different objectives Accomplishment of an act: i.e. sign a document or transaction on behalf of mandator; Administer all or part of the patrimony of mandator: i.e. administer a building or business or even all his assets while away; Assure physical or moral well being in the event of incapacity; administer patrimony in the event of incapacity 2132 C.C.Q.:Acceptance: Express (in writing) Tacit: presumed from: Acts accomplished; Even silence (i.e. reception of assets to care for and doing nothing) 2133 C.C.Q. Gratuitous: for free No payment This is presumed between natural persons Onerous: for a fee Presumed for a professional mandate I.e. lawyer, trust company 2134 C.C.Q. The contract may state remuneration. Failing which, by usage or law (Court may set) 2135 C.C.Q. Special mandate: For A particular or specific act General mandate: All the mandator’s patrimony This confers only powers of simple administration unless express powers are specified. i.e. sell property Incapacity: confers powers of full administration 2136 C.C.Q. Mandate...
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...Gerrymandering involves the redrawing of election district boundaries to give an electoral advantage to a particular candidate or party. It has been recognized as an American political art from since 1812. The US Constitution specifies that Representative seats should be apportioned among the states based on the results of the decennial Census, but says nothing about how states should draw district boundaries for their Representatives. The first example of Gerrymandering comes from the person from whom the term is named after. Governor of Massachusetts Elbridge Gerry redrew the US Representative districts of the state in order to win the 1812 election. Gerrymandering was discovered in America, but is not solely an American thing to do. Countries such as France, Canada, Germany and Greece have also been accused of gerrymandering in order to give a certain party majority over the other. Most recently, in 2016, Malaysia’s government...
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...INTERNATIONAL BUSINESS TRANSACTIONS OUTLINE – WINTER 2005 - SPANOGLE The book is designed around three types of transactions: 1) Sale of goods across borders; 2) Transfer of technology; a. Licensing production abroad; b. Franchising. 3) Direct Foreign Investment. There are two parts to making these deals: 1) Deal-making aspect; a. Allocating risks; 2) Government regulation Decisions and Risks in Trade – Analyze for each Problem! • The language in which the contract is executed. o They speak German- the purchase order is German; o Battle of the Forms (CISG) with another language, you have problem 4.1. (like the Chicken Frigalamenti case). o Even if the transaction is in English, there may still be communication difficulties. • Currency o How are they going to pay you, in Euros or in dollars? It’s important because the exchange rate changes, you may prefer to be paid in Euros rather than dollars because right now the dollar is doing badly. o What if the purchase order is from Laos instead of Germany? If you don’t know the name of the Laotian currency, you probably don’t want it. There are lots of currency problems that go beyond exchange. • Shipping – Import Regulations/Export Regulations handled by customs brokers. o German Customs o Import Duties; o Tariffs. o You might need a shipping broker. o Can’t bribe, “grease the wheels” due to the Foreign Corrupt Practices...
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...Ethics in Accounting | Managerial Accounting Q1 | | | Instructor: Nikolaos Kourkoumelis, Ph.D. | Student: Marija Lukic | 11/14/2012 | | Table of Contents The Ethics in Accounting case and the plan…………………………………………….4Incidentals of Authorization and Submittal…….………………………………………………………………..4Objective………………………………………………………………………………………………………………………..4 Use of Observational Techniques…………………………………………………………………………………….4 An overview of the Report……………………………………...……………………………………………………….4Introduction………………………………………………...…………………………………………5The importance of Ethics in Accounting…….……………………………………………………………………..6 Creative Accounting…………………………………………………………………………….…7 Accounting Scandals..……………………………………………………………………………………………………10 The Enron Scandal……………………………………………………………………………………..10 The WorldCom Scandal………………………………………………………………….…………..12The consequences of Creative Accounting……………………..…………………………………13Measures of Prevention……………………………………………………………………………………15Conclusion……………………………………………………………………….…………………..17Bibliography……………………………………………………………...…………………………18 | Table of Figures Figure1. A proposed framework for understanding accounting manipulation practices…….……...9 The Ethics in Accounting case and the plan Incidentals of Authorization and Submittal This report is submitted to Dr. Nikolaos Kourkoumelis , professor of “Managerial Accounting” , on November 14th 2012, as authorized on the second Week of Q1 classes, 2012. The research and report...
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...Effectiveness of Internal Audit as Instrument of Improving National Economic Development Authority (NEDA) Management CHAPTER ONE INTRODUCTION There is general awareness all over the world for the need to pay greater attention to the improvement of public sector management. The reason is obvious, government constitutes the largest single business entity and her pattern of expenditure through its various agencies and commissions stimulate lot of economic activities. As a result of these Government huge involvements in economic activities, initiatives are being taken all over the world towards improvement of the standards of accounting and auditing departments in government. The public sector accountant has the responsibility of developing systematic arrangements to assist management in the performance of the services of the institution while the public sector auditor has among other duties, the complementary role to examine whether management actually performs that efficiently. The public sector auditor has to satisfy himself that the account presented have been prepared in accordance with statutory and constitutional requirements and regulation and that proper accounting practice have been observed in their compilation. With the growing size and complexity of public sector in the recent years, the importance of the internal audit has correspondingly increased so that it is today a major factor in establishing the quality of the public sector internal control and its development...
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...Counterintelligence: including economic espionage, counterproliferation and counter espionage. Most people would think the CIA handles counterintelligence, but the FBI also handles counterintelligence and shares information among other federal agencies. Cyber crime: Which has grown tremendously in recent years, consists of computer intrusions, internet fraud, and identity theft (mainly on a large scale, not necessarily on an individual basis). Weapons of Mass Destruction: which contain key programs to identify and eliminate the abilities to produce a weapon of this nature (for example a nuclear bomb) both domestically and internationally. The FBI is renowned for sending special groups to foreign nations for investigations of access to materials capable of producing nuclear weapons. Public Corruption: including government fraud, election fraud, and any sort of foreign corruption practices. Civil Rights: hate crimes, human trafficking, color of law, and freedom of access to clinics. The FBI has been heavily involved with the investigations of the recent, racially-fueled protests over the past few years regarding the murders of unarmed African Americans by white police officers due to the accusations of those instances being hate crimes. Organized Crime: including sports bribery or ethnically related crime organizations (for example, Italian Mafia or Middle Eastern Mafias). White-Collar Crimes: would include antitrust, bankruptcy fraud, corporate fraud, financial institution fraud and failures...
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...Data Mining for Fraud Detection: Toward an Improvement on Internal Control Systems? Mieke Jans, Nadine Lybaert, Koen Vanhoof Abstract Fraud is a million dollar business and it’s increasing every year. The numbers are shocking, all the more because over one third of all frauds are detected by ’chance’ means. The second best detection method is internal control. As a result, it would be advisable to search for improvement of internal control systems. Taking into consideration the promising success stories of companies selling data mining software, along with the positive results of research in this area, we evaluate the use of data mining techniques for the purpose of fraud detection. Are we talking about real success stories, or salesmanship? For answering this, first a theoretical background is given about fraud, internal control, data mining and supervised versus unsupervised learning. Starting from this background, it is interesting to investigate the use of data mining techniques for detection of asset misappropriation, starting from unsupervised data. In this study, procurement fraud stands as an example of asset misappropriation. Data are provided by an international service-sector company. After mapping out the purchasing process, ’hot spots’ are identified, resulting in a series of known frauds and unknown frauds as object of the study. 1 Introduction Fraud is a million dollar business and it is increasing every year. ”45% of companies worldwide have fallen victim...
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...• Constitutional Speech (Personal and Corporate) * (personal); afforded highest protection by the Courts. Balance must be struck between a government’s obligation to protect its citizens versus a citizen’s right to speech. In other words, if government suppresses speech it must be to protect the citizens. EX. Don’t yell fire in a crowded area. See below. * If restriction is content neutral, restrictions must target some societal problem – not to primarily suppress the message. (Corporate); -Political speech by corporations is protected by the First Amendment. -In Citizens United v. Federal Election Commission (2010) the Supreme Court ruled that corporations can spend freely to support or oppose candidates for President and Congress. • Commercial Speech -Courts give substantial protection to commercial speech (advertising). -Restrictions must: Implement substantial government interest; directly advance that interest; and go no further than necessary. EX. Bad Frog Brewery, Inc. v. New York Liquor Authority= their logo of the frog flipping people off was denied so the company sued and won because their logo is only put in bars, alcohol sections in stores, etc. • Due Process (procedural and substantive); Fifth and Fourteenth Amendments provide “no person shall be deprived of life, liberty or property without due process of law.”; (Procedural) -Procedures depriving an individual of her rights must be fair and equitable. -Constitution requires...
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...OBLIGATIONS AND CONTRACTS REVIEWER TITLE I – OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS 1156. An obligation is a juridical necessity to give, to do, or not to do. JURIDICAL NECESSITY – juridical tie; connotes that in case of noncompliance, there will be legal sanctions. • • An obligation is nothing more than the duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee) which, if breached, is enforceable in court. A contract necessarily gives rise to an obligation but an obligation does not always need to have a contract. KINDS OF OBLIGATION A. From the viewpoint of “sanction” - (a) CIVIL OBLIGATION – that defined in Article 1156; an obligation, if not fulfilled when it becomes due and demandable, may be enforced in court through action; based on law; the sanction is judicial due process (b) NATURAL OBLIGATION – defined in Article 1423; a special kind of obligation which cannot be enforced in court but which authorizes the retention of the voluntary payment or performance made by the debtor; based on equity and natural law. (i.e. when there is prescription of duty to pay, still, the obligor paid his dues to the obligee – the obligor cannot recover his payment even there is prescription) the sanction is the law, but only conscience had originally motivated the payment. (c) MORAL OBLIGATION – the sanction is conscience or morality, or the law of the church. (Note: If a Catholic promises to hear mass for 10 consecutive...
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...needed you. Rand’s Objectivism was also not a loving and caring philosophy. She never once said, “Remember your friends and family, they are the ones who will be there when you fall.” Consistent with a display of selfish values, those were her ideas, “what's yours is mine and what's mine is mine.” Her ideas lacked generosity and faith or religion. Difficult as it may seem, she was said to be a nice old lady who has been just like a cuddly grandma, that's hard to imagine. Wikipedia says of Objectivisim, “that the only social system consistent with this morality is one that displays full respect for individual rights embodied in “Laissez-Faire Capitalism”, and that the role of art in human life is to transform humans' metaphysical ideas by selective reproduction of reality into a physical form—a work of art—that one can...
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...others buying and selling experiences. Buyers can learn about other buyers’ experience with a particular seller buy viewing his rating and reviews before buying from that individual. Sellers can also vet buyers in the same way. Users with the enough positive ratings receive colored stars, which indicate the highest rating. eBay participants sign user agreements that specify the trading rules and expectations. eBay’s staff investigate alleged misuses such as fraud, trading offenses and illegally listed items. Resolutions include banning a user from future trading on eBay. How eBay Creates Value Value creation is the primary objective of any firm. Value creation occurs when there is additional value being added to the bottom line of a business a result of the creation and use of new methods to maximize the shareholders wealth (Agbor-Ndakaw, n.d.). No product will be viable without creating positive economic value (B-C=Positive) (Besanko, 2013). eBay creates value in a number of ways. It has developed state-of-the-art tools that increase productivity that encourage members to join the ecosystem. eBay’s Seller’s Assistant helps new sellers prepare...
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...ATENEO CENTRAL BAR OPERATIONS 2007 Civil Law SUMMER REVIEWER OBLIGATIONS AND CONTRACTS • TITLE 1 - OBLIGATION • Art. 1156. An obligation is a juridical necessity to give, to do or not to do. (n) CHAPTER 1. – GENERAL PROVISIONS See Arts. 1156 - 1162 ELEMENTS OF AN OBLIGATION: 1. Active subject (obligee/creditor): one in whose favor the obligation is constituted 2. Passive subject (obligor/debtor): one who has the duty of giving, doing or not doing 3. Object: prestation; the conduct which has to be observed by the debtor/obligor REQUISITES 1. it must be licit (otherwise it is void) 2. it must be possible, physically and juridically (otherwise it is void) 3. it must be determinate or determinable (otherwise it is void) 4. it must have pecuniary value a. Vinculum Juris: juridical/legal tie; binds the parties to the obligation b. Causa (causa debendi/causa obligationes): why obligation exists SOURCES OF OBLIGATION Art. 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts. (1089a) forth CONTRACT (OBLIGATION EX CONTRACTU) • Must be complied with in good faith • it is the “law” between parties; —Adviser: Dean Cynthia del Castillo QUASI-CONTRACT (OBLIGATION EX QUASICONTRACTU) • Juridical relation resulting from lawful, voluntary and unilateral acts, which has for its purpose, the payment of indemnity to the end that no one shall be unjustly enriched or benefited at the expense of another. • Distinguished...
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...Regardless of the term accounting in forensic accounting, the discipline isn’t related to simply reading financial statements that are available to the public or dealing with other accounting issues; the usual accountants, portfolio managers, investment analysts, and etc. already do the regular financial tasks. Instead, forensic accounting scrutinizes the financial documents that are internal which aren’t readily available to the public; these documents are usually considered in litigation affairs. Generally, the field of accounting was undergoing a major overhaul; before the recent economic crisis that has devastated some parts of the western world, the accounting scandals regarding WorldCom and Enron pushed the field towards change. Accounting in general was put under scrutiny as a result of increasing white collar crime and the economic crisis pushed that process even faster and further. Ergo, there was an increasing need to have forensic accountants and the field in general needs proper development in its education system and practice for it to be effective. Overall, the laws of the developed world favor the ones who commit white collar crimes rather than a person robbing a convenience store with a gun. The problem with policymaking in the current democratic regimes is that it’s a paradox that allows white collar crimes like WorldCom and Enron to get away or only end up with a milder outcome than the robbers who may physically go out and do it with a gun. Of course, debating...
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...parties, their assigns, heirs; strangers cannot demand enforcement EXCEPTION TO RELATIVITY: a. Accion pauliana b. Accion directa c. Stipulation pour autrui REQUISITES OF STIPULATION POUR AUTRUI (1) Parties must have clearly and deliberately conferred a favor upon a 3rd person (2) The stipulation in favor of a 3rd person should be a part of, not the whole contract (3) That the favorable stipulation should not be conditioned or compensated by any kind of obligation whatsoever (4) Neither of the contracting parties bears the legal representation or authorization of 3rd party (5) The third person communicates his acceptance before revocation by the original parties d. Art 1312 e. Art 1314 REQUISITES OF ART 1312: (1) Existence of a valid contract (2) Knowledge of the contract by a 3rd person (3) Interference by the 3rd person KINDS OF CONTRACTS As to perfection or formation: 1. consensual – perfected by agreement of parties 2. real – perfected by delivery ( commodatum, pledge, deposit ) 3. formal/solemn – perfected by conformity to essential formalities ( donation ) As to cause 1. Onerous – with valuable consideration 2. Gratuitous – founded on...
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