...Charles V. Podesta Jr. BUL 4421 – 004 CRN: 57685 5/22/2013 Case Brief Assignment Case Name: State v. Cole, 304 S.C. 47, 403 S.E.2d 117 Facts: The Defendant in this case, Roger Wayne Cole, had a suspended license and was unable to drive an automobile in the time of this incident. Due to, his claim, an emergency situation the appellant found it necessary to operate a motor vehicle despite his circumstances (having a suspended license). The appellant made claims that his spouse was pregnant, six months in term, and having pains to the point where emergency help was required. Further information was provided by the appellant that claims, that no phone was available – either his home or the neighbors. The appellant then drove to a nearby telephone, called family to escort his wife to care, and returned home. Upon his return trip, a broken taillight on his vehicle allowed police to perform a traffic stop, and at that time an arrest was made for driving under a suspended license. Procedural History: Rodger Wayne Cole was convicted for driving under a suspended license, despite his defense. Ultimately the judge in this case did not charge the jury with defense of necessity. As such the appellant appeals his conviction based on the belief that the trial judge errored by not charging the jury with defense of necessity; which the court has acknowledged in previous instances. Issue: Should the trail judge have refused to allow the jury to hear the defenses argument based on the defense...
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...But in reality the whales that are captured for this company are very capable of living with their pods in the ocean, once they enter the tanks is when mental and physical problems start to occur. Less than 1% of wild orcas have a collapsed dorsal fin, and all the males and about 50% of females in captivity have collapsed dorsal fins. Orcas in captivity do not have enough space to swim around which can cause their fins to fall and they are fed an unhealthy diet of dead thawed fish. The chlorine amount in the pool also hurts their skin and the trainers have seen mucus come from the orcas’ eyes. Trainers have also reportedly had problems with the chlorine levels in the pool. According to a trainer, he was directed to not open his eyes for at least 7 days or he would risk going permanently blind. Being transferred from the ocean to the chlorine filled pool, the orcas have a hard time adjusting to a drastic change like this because their skin and eyes are so sensitive. People can also say it is a good learning experience to see these beautiful creatures up close. In reality...
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...maintained and properly enforced. We cannot wipe away the tragic history of commercial whaling, but we can, and must, prevent its repetition. The Natural History of Whales Whales belong to the order of mammals known as Cetacea. There are about 80 species of cetaceans, including all the dolphins and porpoises, as well as the ten so-called ‘great’ whale species, which have borne the brunt of commercial whaling. Cetaceans are believed to have evolved from land mammals, which adapted to an aquatic existence about 50 million years ago. They are superbly adapted to life in the deep oceans. They can dive to and rise from great depths without having to decompress like human divers, and can remain submerged for long periods (well over an hour in some cases). A thick layer of blubber serves them both for insulation and buoyancy. Nostrils or “blowholes” on the top of their heads enable whales to breathe while swimming with maximum efficiency....
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...Introduction Just recently on May 31st 2010, Australia opened a court case against Japan in the International Court of Justice (ICJ) with regards to a dispute relating to Japan’s JARPA II program on ‘Scientific Whaling’. The case was dubbed the ‘JARPA II Case’ and was primarily based on a dispute between Australia and Japan over interpretation of the 1946 International Convention of Whaling (ICRW). JARPA refers to Japan’s Research Program under Special Permit in the Antarctic to carry out research in the marines. The first was introduced in 1987 in the Southern Ocean Whaling Season of 1987-1988. JARPA II was to commence some 18years later from and it started in 2005. During that period of 1987 through 2005, Japan had apparently ignored the Moratorium sanctioned by IWC against Whaling and it is consequently some six thousand eight hundred minke whales were taken under JARPA. That led to a longtime dispute between whaling states and anti-whaling states over limited whaling v no whaling at all. Among the cases is the one between Australia and Japan of 2010. This article will look into the case between Japan and Australia in a bid to answering the following questions; one, how is the International Whaling Commission policy determined and influenced, secondly, what is the role of scientific advice in policy making, thirdly, what are the arguments for both Japan and Australia in the International Court of Justice case. Finally it will discuss the likely decision of the International Court...
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...Japan's whaling fleet was headed home from the southern ocean after ending its annual Antarctic hunt with only a third of its expected catch, news reports from Japan said Friday. The hunt ended three days ago with a catch of 266 minke whales and one fin whale, officials from Japan's Fisheries Agency said, according to one report from Australia's ABC news online. The Sea Shephed Society, which sent a fleet of vessels to the southern ocean to block the hunt, proclaimed victory on its website. "Operation Divine Wind is over! The Japanese whalers are going home!" the Sea Shepherd headline read. "There are hundreds of whales swimming free in the Southern Ocean Whale Sanctuary that would now be dead if we had not been down there for the last three months. That makes us very happy indeed," Sea Shepherd's Paul Watson is quoted as saying on the organization's website. News of the Japanese whaling fleet's withdrawal comes four days after the Institute of Cetacean Research, which oversees the Japanese whaling program, reported a confrontation between the Japanese ships and Sea Shepherd's ship Bob Barker. The Bob Barker fired more than 40 flares and aimed a "high-powered" laser beam at the Japanese ships for more than 50 minutes, the institute said in a news release. Watson said that with the high-seas showdown, "the whaling season was effectively over for the season." Japan hunts whales every year despite a worldwide moratorium on whaling, utilizing a loophole in the law that allows...
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...captivity. Some of the differences between the two environments are the whales behavior, how they eat, and their dorsal fins. Killer whales are amazing creatures that can live up to 29 years. What exactly determines how long they live? The main factor is usually if they are kept in captivity or in the wild. In the wild, killer whales’ swim up to 100 miles a day. They socialize with other members of their pod and usually have close ties with their families. Most whales are very playful and rely mainly on their hearing. In the wild, whales spend close to 90% of their time under the water. Whales eat various types of fish throughout the day. This animal is around hundreds of different species of marine life throughout a single day. Whales dorsal fins, in the wild, usually stick straight up....
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...about the Whaling Debate on whether countries should be allowed to continue to hunt whales or should we leave them protected and my beliefs on the subject. This debate has also focused on issues of sustainability and conservation as well as ownership and national sovereignty. Some of the issues included in these debates is the question of cetacean intelligence this refers to the Cetacea order of mammals, which includes whales, porpoises, and dolphins; and the level of suffering which the animals undergo when caught and killed (The Whale Debate: Whale Wars, 2014). Another hot topic in the debate right now is the right to kill a certain amount of whales for scientific research, Japan kills 1000 minke whales a year and about 100 endangered fin and humpback whales. Whales are mammals the same as we are and they are intelligent and have feelings such as pain and a sense of loss. Before I get into my opinion I will list the pros and cons of this particular activity. There are a few of each so I will start with the reasons for whaling, many indigenous people, such as the Inuit’s of Alaska, rely on whales for food and other materials to survive in such harsh environments and they are...
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...importance of information systems for business. Following that, analysis key information requirements by refer to porter’s five forces to find out strategies for competitive advantage and business processes. Moreover, apply information systems to help FIN to solve these exist problems and fulfilling business requirements. As well as, discuss about business decision making by using information systems, and utilize IS/IT to collaborate and communicate with stakeholders. After that, focus on the security and ethical issues that may arise in the company. Finally, discuss about organizational change during the implementation. The problem identification In the case of FIN, obviously, there are different management problems in the business so that reduce the company’s profit and obstruct business processes. As the issues already addressed by Adam and Ian, the first problem was accounts payable and receivable incorrect, reason is the incorrect invoicing which directly affect the accounts payable and receivable. Therefore, FIN should change its data from incorrect to correct. Secondly, there was a problem of inventory management, which didn’t schedules order properly and failed to forecast demand for next quarter. Hence, the change is help FIN to place order properly. Thirdly, failed to forecast demand for future and failed to order correctly. Fourthly, insufficient network and...
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...MEMORANDUM TO: Senior Accounting FROM: Staff Accountant DATE: June 29, 2015 SUBJECT: Shared-Based Payment Reporting and Special Purpose Entities (SPE) CC: Team members ______________________________________________________________________________ As an Accounting Firm it is very important that we follow the most recently changed or amended regulations and standards set by the Financial Accounting Standards Board (FASB). As of 2009 the Financial Accounting Standards Board (FASB) has made amendments to Shared-Based Payment Reporting and Special Purpose Entities. The amendments made were to Statements No. 123 and 95 which covers the Share-Based Payments and Statements No. 123 and 95; the FASB. Also revised, Statements No. 166 and 167 which pertains to Special Purpose Entities (SPE). Share-Based Payment Reporting In the process of an audit, it is important to review the accounting process in terms of how share-based payment is reported to Sensure the entity processes are in line with Generally Accepted Accounting Policies (GAAP). Share-based payment is a complex area to both report on and audit as almost every transaction is unique and referencing IFRS No.2 for the purpose of the audit is not always clearly defined. Defined, share-based payment is an arrangement in which an entity purchases goods or services in exchange for issuance of the entity’s equity instruments or cash payments based on the fair value of those equity instruments. IFRS No.2 has two defined...
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...spaces, and families being torn apart. However, zoos and aquariums say education is provided along with helping endangered animals. One reason animal captivity should be banned is animals suffer both mentally and physically. The different environment causes issues for example, orcas and dolphins use echolocation; but, the tank causes the reverberations to bounce off and hit the cetacean which results in frustration and mental issues (“Aquariums and Marine Parks”). Cetaceans who are in a tank are restricted, not being able to perform their normal tasks will get frustrated. Physical issues can occur for example, orcas will experience a collapsed dorsal fin which is very rare for a wild orca. Collapsed dorsal fins occur from the gravity pulling on the fin where the water is too shallow because there is not proper support for the fin (“Aquariums and Marine Parks”). A reason they suffer psychologically is they are not allowed to have social bonds. Naturally, the cetaceans will live in pods. Since they are naturally social creatures, if one animal in the tank dies the other has to be transferred because if they are isolated from other animals they will suffer mentally. Behavioral patterns known as “zoochosis” will occur which have signs like bar-biting, circling, repetitive head swaying, aggression, and self-mutilation. If behavioral patterns are being repeated the animals’ needs are not being met (“Wild Animals in Entertainment”). In conclusion, both physical and mental issues are...
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...There are many endanger marine species. one species that is endangered is the blue whale. The blue whale evolved around 45 million years ago, thats 40 million years before humans (marinebio.org-Blue Whales). Blue Whales are members of the Order Cetacea family. Blue whales can live in. According to wwf.panda.org The blue whale is found mostly in cold and temperate waters, and it prefers deeper ocean waters to coastal waters. Like many other baleen whales, it feeds in cool waters at high latitudes, and generally migrates to warmer temperate and tropical waters to breed and give birth. The blue whale is considered an endangered because of its population size, they have a population of 10,000-25,000. They weigh about 200 tons and can grow to be 80-100 feet long. Blue whales are Lightly mottled blue-grey, with light grey or yellow-white undersides (Alagiyawanna 1). Blue whales also can live in all of the oceans. According to SCIcyclopedia, A female blue whale, which is larger than the male, gives birth to a calf that averages 25 feet in length and weighs about 2 tons. The calf drinks about 106 gallons of milk every day (Katona 1). A blue whale can eat up to 8,000 lbs. of krill during its consumption period. It is estimated to take 2,200 lbs. of food to fill a blue whale's stomach. Blue whales can swim normally at five miles per hour but can reach speeds over 20 miles per hour when agitated. Blue whales are one of the earth’s loudest animals they emit a series of pulses, groans and...
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...Killer whales feel threatened and are most likely depressed. Killer whales in captivity are compared to people in jail, there is no way to escape and they are forced to spend the rest of their life in a confined area. Tilikum, an adult killer whale who is known for producing tremendous splashes in one of SeaWorld's portions in the killer whale shows, is responsible of taking the lives of three. "Tilikum, the largest whale in captivity, has killed three people during his stay in captivity" (Bonner, 131). However, in the wild there is not one case that a whale has injured or killed a human...
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...Japan to Apple iPhone "No Thanks" and Would Mickey Mouse Eat Shark Fin Soup these two case studies shows what happens when consumer behavior and marketing mix in globalization goes very wrong. These two studies reveal how marketer think they are giving a wonderful product and service in the case of Apple's the iPhone and Disney the Shark's Fin Soup. Understanding the consumer’s behavior and the customs and values of the culture impacted these two campaigns. Apologies good media press and changes in the strategy to get the approval of the consumers. Both case studies points out the impact of technology and how it at first affected the campaigns for bad with negative that changed the reputation of both companys. Apple's dilemma was very embarrassing for the company with negative reports and predictions of how the iPhone was going to sell in Japan. The propaganda was already put out to the media about the Japanese saying No Thanks to Apple concerning the iPhone 3. Apple thought that Japan would be ecstatic with the new product but supposedly the opposite occurred with reports of weak showing of the iPhone3. Of course with Apple being the cutting edge in technology and innovation in the western world Japan did not feel the same way about Apple's iPhone3. First Japan was a hard market to try to get into the for Apple and their competition Nokia, and Motorola, whose attempts to grab Japanese customers were futile. So this was going to be a difficult campaign for Apple. At the...
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...and News broadcasts of shark attacks and fatalities. With all this propaganda, who cares if they fin them for food, right? Fining: the practice of removing the fins of a shark and dumping its carcass back into the ocean is a wasteful and unsportsmanlike practice that could lead to over fishing of shark resources. That is one of the points that are the sense of the Congress taken from the 106th congress 1st session. Is this any better than what early frontiersmen did? Skinning the buffalo and just leaving the skinned carcass to rot and be wasted? Hundreds of millions of sharks are killed each year only for their fins. Not using the rest of the shark carcass to its fullest potential is unsportsmanlike and wasteful. Shark fin soup, shark fin stew, these are delicacies. They are not a necessity to live and yet the demand is high. They are eaten primarily for the taste of the dish. Must we wait till they become and endangered species before we do something about it? The green sea turtles were killed for their shells and flesh nearly to extinction before we even started to try to stop the killing. Foods like this are not necessarily bad, but we must do it in moderation. Don’t have another green sea turtle event. If there is something good, do you use it up till it’s all gone? Once it’s gone no one will be able to use that good thing again. In this case it’s shark fining. Will we fin them until there is no more? Future generations will neither see the sharks nor taste dishes like...
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...media about sharks because it is very biased information and not aimed at solving the problem or creating a long term solution, rather to evoke people’s fear of sharks and to make them more scared when swimming in our oceans. It is aimed at the general population of Australia and anyone who would go swimming or indulge in water- based activities in the ocean and along the coast. This is also targeting anyone who has ever eaten shark fin soup without a second thought of the suffering that was caused to make it. As an ocean lover and surfer, I strongly believe that shark finning and culling is an important issue relevant to society today. Most of the population has not been properly informed about the situation and I am here today to hopefully change your views on sharks. By the end I would like you all to see them in a different light and hopefully agree with me when I say that shark culling is unnecessary and inhumane and shark finning is barbaric and cruel. Shark finning, for those of you who are unaware, is the removal and retention of shark fins and then the discard of the carcass into the ocean. The shark is almost always alive when it is tossed back into the water. Unable to swim, the shark slowly sinks toward the bottom where it starves to death, is eaten alive by other fish, or drowns. Can you all just take a moment to imagine if humans weren’t the tops of the food chain, if we didn’t have total dominance over every other living thing on this Earth. Imagine if...
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