...Computer Operations; Mary, Division Manager—Information Systems; John, President and CEO, the individual who wrote the anonymous letter, the company’s stockholders, customer’s, families of employees, and the community who have an interest or depend of the company for different reasons. What are the interests of the stakeholders? Joe was recently promoted to the position of District Manager of Computer Operations of this company. John is the CEO and received an anonymous letter stating: A recent installed and very expensive computer system does not perform as expected and has not produced the expected results. The computer information system represents a major financial investment by the company. Joe has been aware that the system’s actual performance is like what was described in the anonymous letter. Joe has reported his findings to Mary. Mary tells Joe that John expects a reply to the anonymous letter. Mary wants Joe’s reply to the letter to be a positive statement stating: “The system is performing as projected and that all savings portrayed in the original justification documents are being achieved.” This statement in the letter is important to Mary since she was the original supporter of the system and she has continually provided positive feedback to the CEO no its performance. Joe is upset by this directive since the system has poor performance, and he has reported this to Mary even before the anonymous letter was even written. When Joe approaches Mary about his concerns...
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...Mary a proprietor of a small business in Vermont specializes in the manufacturing of ski equipment and sales to Vermont ski resorts. Mary signed a contract with Froogle that allows Mary’s business to advertise on Froogles search engine. Mary is aware that Froogles headquarters is in California. Mary has never done business or been in California. All business relating to Mary is done directly on the phone in Vermont or via the internet. Two months after Mary signed the contract Froogle alleges that Mary violated the agreement between the parties and files suit in Superior Court for the county of Monterey in Salinas, California. Mary claims that the California court has no personal jurisdiction over her. Froogle claims California does have jurisdiction over her because she knowingly did business with a California Company. The issue in this case is whether Mary, resident of Vermont who sells ski equipmentin Vermont and maintains a website, is subject to the personal jurisdiction of a California court even though she has never been to California, and has no contacts there. In Gourmet Video, Inc. v. Alpha Blue Archives, Inc., 2008 U.S. Dist. LEXIS 87645 (D.N.J. Oct. 29, 2008), The plaintiff in this case is a New Jersey copyright owner who sued the defendant for violating the copyright act by selling the material via their website based out of the Northern California district. The defendant argued that the venue was improper and moved to dismiss the complaint. The court...
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...MEMORANDUM To: Reader From: Date: Re: Can A State Court Exercise Personal Jurisdiction Over A Non-resident Summary of Facts Plaintiff, Froogle's action is based upon the claim that Mary, violated a signed agreement with Froogle. Froogle is a California company that provides internet search services. Mary is a resident of Vermont and a proprietor of a small business in Vermont specializing in the manufacture and sale of ski equipment to Vermont ski resorts. Two months after the signing of the contract, Froogle filed a lawsuit against Mary claiming that she violated the signed agreement. The lawsuit was filed in the Superior Court for the County of Monterey in Salinas, California. Mary claims that the California court does not have personal jurisdiction over her, because all her business dealings with Froogle were done online or via the telephone. Froogle claims that the California court has personal jurisdiction over Mary, because she knowingly did business with a California company. Issue: Can the California state court exercise personal jurisdiction over a non-resident who advertised on the internet? Rules: Pursuant to California Code of Civil Procedure section 410.10 (2014), "A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States." The court in Bancroft & Masters v. Augusta Nat'l, 223 F.3d 1082 (9th Cir. Cal. 2000), found that because ANI's contacts did not qualify...
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...The Golden Rule states, do unto others as you would have them do onto you. However, human nature finds it very difficult to follow this and often wants to get revenge. People want to inflict the same pain that they went through on others. Arthur Miller demonstrates this through his book The Crucible. The Crucible demonstrates a theme that when revenge determines justice, havoc ensues; this theme is displayed through the allegations that Abigail Williams makes against John and Elizabeth Proctor, and their servant Mary Warren, as well as through the Putnams’ willingness to implicate their neighbors. Abigail Williams is a narcissistic and manipulative character that is driven by her obsession with John Proctor. Henceforth, she tries to get...
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...Ryan Hunter Jones Mrs. Zinsitz English III 7th 12 October 2010 When Decisions Change Everything In Arthur Miller's "The Crucible", the people of Salem are in a crisis and sometimes people who claim to be good aren't what they seem and may be in fact a hypocrite. Judge Danforth a senior judge during the Salem witch trials exposes his hypocrisy in his conflicts between Giles Corey, Mary Warren and the people of the town for the sake of his own reputation. Judge Danforth is a powerful man who comes to Salem to stop the hysteria and prosecute the witches. Danforth believes he... "does not let anything interfere with an exact loyalty to his position and his cause" (Miller 182). He represents the God given right of the Puritan law to make sure justice is served. However he did struggle with justice and especially Giles Corey. Giles, an elder in the town showed up in Judge Danforth's court to explain a misunderstanding about his wife who was now being convicted of being a witch. Giles explained that he "never had no wife that be so taken with books.. like his 3rd wife" (Miller 182). He was curious about why she enjoyed books so much, unfortunately he said it out loud one day and they..."come and take her out of my house" (Miller 182). He was also there to discuss that Thomas Putnam's daughter was falsely accusing George Jacob so that Mr. Putnam could get Mr. Jacob's land. Giles explained that "if Jacobs hangs for a witch he forfeit up his property--that's law! And there is none...
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...A few days passed when Mary Beth and her husband demanded for the infant and then abducted the infant. William and Elizabeth Stern decided to sue her for violating the agreement, and they wanted to be recognized as the legal parents for the infant. As events unfolded, the case quickly gained a lot of controversy and a lot of questions of morals and ethics surfaced, and legal issues took place. Surrogacy conflicts in the Baby M case caused problems which, like euthenasia and abortion, had no satisfactory solution that society would happily agree upon. According to “What the Baby M Case Is Really About” by Judith T. Younger, it stated that William Stern had the “right to procreate and the right of the biological father to his children” (75). On the other hand, Mary Beth Whitehead obtains the same right of being the biological mother to her children (75). There is a wide debate in society regarding which values are most significant when reaching a solution. Some believed that, regardless of the agreement, the biological mother should have all rights and custody of the baby because surrogacy was not legal in New...
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...MEMORANDUM Supervising Attorney 29 DEC 2015 Personal Jurisdiction Out of State Business Transactions FACTS Froogle a California based company, files a complaint against Mary, a client from Vermont. Mary argues that California does not have personal jurisdiction over her. All business is done over the internet; Mary has never been to California. ISSUE Does California have personal jurisdiction over Mary? RULE Snowney v. Harrah's Entertainment, Inc., 35 Cal. 4th 1054, 1055 (Cal. 2005), outlines the rule When determining whether specific jurisdiction exists, courts consider the relationship among the defendant, the forum, and the litigation. A court may exercise specific jurisdiction over a nonresident defendant only if: (1) the defendant has purposefully availed himself or herself of forum benefits; (2) the controversy is related to or arises out of the defendant’s contacts with the forum; and (3) the assertion of personal jurisdiction would comport with fair play and substantial justice. In Shisler v. Sanfer, 146 Cal App 4th 1254 (2006), the defendant, whose principal place of business was in Florida, maintained a website that advertised cars for sale. Plaintiff, a California resident, saw defendant’s advertisement and bought a car. Plaintiff was not happy with car and filed suit in California. Defendant claims California lacked personal jurisdiction of him. The trial court agreed with defendant and plaintiff now appeals. In order to sue the...
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...martyrs and victims.’ How helpful do you find this view of Shelley’s presentation of women. The quote is suggesting that Mary Shelley is to blame for the women’s deaths in the novel and is comparing her to Victor Frankenstein when he too, destroys a female. However, I find that Mary Shelley is demonizing male patriarchy, as in the novel; it is they who are the destroyers of women. Shelley uses the fate of Justine to expose the unjust institution, in which is the unjust treatment by a male dominated institution. When in trial, Justine says that her “passionate and indignant appeals were lost upon them….and I received their harsh, unfeeling reasoning of those men”, it shows how cold hearted the men were towards her and didn’t take her feelings into consideration as women didn’t have a say in the justice system. The judges problematically base their judgments on facts and lack compassion as they have problematic interpretations – their male way of thinking blocks compassion. Mary Shelley describes Justine as a “saintly sufferer”; similarly, the quote refers to women as ‘martyrs’, this idealizes women as they are too pure, and have done no wrong in the novel. She attempts to empower women which shows how incredibly passionate she is, however, the males such as Frankenstein feel threatened by this and allows her to die In the courts of justice. Shelley also problematizes the view of women, as men are possessive over them as is Frankenstein with Justine as he says she’s...
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...Justice is the corner stone of any human civilization, across all nations, all languages, all historical development, all cultural background, and all social groups. Even though human exercises of justice always involve subjective judgment, most people believe that there would be ultimate objective justice in this world. In fact, in any human society, people always ascribe the absoluteness of justice which is free of subjective relativity to divine authority, even if the society is dominated by atheist materialist culture. This is because mankind could only acquire absolute authority from supernatural or divine power superior to all human power. As a result, divine justice has been the foundation of all human justice in this world. Besides the divine justice, there are another two general categories of justice: natural justice and social justice. By natural justice I am referring to the application of natural logic or knowledge when exercising justice. For example, we all know that forcing people to work under dangerous environment or poor conditions could be harmful to them, or cutting a person with knife could kill him. This kind of common knowledge could be accepted among people without any modern scientific education when making judgment about justice. The last major category of justice is the social justice, i.e. the exercise of justice based on various cultural values, human experiences and personal interests. In reality, the process of exercising justice would normally...
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...criminological research resulted from individual efforts. The reliance on individual investigators to conduct and oftentimes fund their own research agenda was primarily a function of a lack of funding sources devoted to issues surrounding criminology and criminal justice. However, research in criminal justice has dramatically increased. The period between 1960 and 1980, saw the enormous increase in efforts in the federal government to initiate research projects that were designed to understand the extent of criminal behavior, including the etiology of criminal behavior, as well as the reaction of the criminal justice system to criminal behavior. Although still under supported financially, funded research efforts during this time period gathered much information that helped set the stage for the continuation and expansion of criminological research efforts. Since 1980, there has been a substantial increase in the financial resources afforded to criminological research, which has led to a large number of activities within criminology and criminal justice system. Looking at the social factors of criminals, it is possible to see these factors could influence criminal decision and the way they handle situations. Mary Bell was an eleven- year-old girl, who lived in England in a poverty stricken area, known as Scotswood. The criminal grew up the product of a prostitute mother and a thieving father figure. She was often abused, although does not admit to this until later in her...
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...The Appeal attorneys Wes and Mary Grace Payton from Mississippi have battled to seek justice for their client Jeannette Baker. Supreme Court justices are elected rather than appointed, in Mississippi Trudeau plans with Barry Rinehart of Troy-Hogan, a Boca Raton firm that deals only in judicial elections and does secret deals off shore, to select a candidate who can defeat Sheila McCarthy, known for her tendency to side with the underdog. Their choice is Ron Fisk, a lawyer has no prior political experience or ambitions. Also in the political party is Rinehart is heavy-drinking gambler Clete Coley, goofy type as a third candidate designed to make McCarthy think her campaign will be easy, draw support away from her. Ron Fisk...
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...Counsel be provided to any individual who is insolvent or penniless and that the individual is guaranteed the right to the attendance of a court-appointed counsel at a crucial point in the criminal trial (2011). The crucial points of these proceedings are composed of custodial questioning, pre-charge lineups, preliminary examinations, arraignment, trial, punishment, and the first appeal of guilty verdict (2011). The Right to Counsel was initiated as a response to the English custom of refusing the aid of counsel in severe criminal proceedings that forces individuals to be present in court and represent his or herself in his or her own words (2011). An example of the strictness of the practice to deny counsel is evident in the trial of Mary Stuart,...
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...TO: NPC Grader FROM: Sarrah Marting DATE: October 10th, 2015 RE: Froogle v. Mary FACTS: Froogle is based in California, Mary has a business in Vermont. Froogle and Mary have a contract allowing Mary to advertise on Froogle’s search engine. Mary has never been in California, all communication between Froogle and Mary has been done via telephone and internet. Froogle claims that Mary has violated their agreement. Froogle has filed a suit against Mary in the Superior Court for the county of Monterey, in Salinas California. ISSUE: Does the Superior Court of Salinas California have personal jurisdiction over Mary an out of state defendant who advertises on a California based search engine? RULE: In Pavlovich v. Superior Court, 29 Cal. 4th 262 (2002), the defendant contended that the court did not have jurisdiction over him solely on the posting of a source code on his website. The court found that having a website, like placing a product into the stream of commerce may be felt nationwide worldwide even, but without more it is not an act of purposefully directed toward the forum state. California courts may exercise personal jurisdiction on any basis consistent with the Constitutions of California and the United States. ( Code Civ. Proc., § 410.10.)In making this determination, courts have identified two ways to establish personal jurisdiction. “Personal jurisdiction may be either general [269] or specific. A court...
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...LS312 Unit Eight Cost Justified Minicase Tapestry Dalrymple February 5, 2013 The stakeholders in the Cost Justified Minicase are Joe the District Manager of Computer Operations, Mary, Joe’s supervisor, the CEO, the employees, the shareholder, and the company. The interests of the stakeholders are avoiding scandals, following legislation by knowing the security laws, understanding public interests, and displaying accountability. Every stakeholder has the rights and responsibility to promote honesty and integrity from management. This case applies to the Securities Acts and the Sarbanes-Oxley Act. Joe and Mary participated in illegal and unethical actions. Both knew there was a performance problem but reported a misrepresentation of the recently installed system that was actually not achieving the expected results. Mary requested a report to be written by Joe that the system was performing as projected even though it was not and send a copy to the CEO. It was also a request for Joe to send in a report that the savings portrayed in the original justification documents are being achieved. Joe worked hard to achieve his goals in the company and was worried about Mary’s request and the statement she made to him about having doubts about his ability to perform as a District Manager for the company because of his reluctance to her request. This misrepresentations affect the company financially and the shareholders...
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...the Bedroom (2001). Although the story revolves around passion and violence, Dubus tells the tale in a flat, calm way. The first two acts of violence are dropped into the story unexpectedly and without emotion. The story opens with Frank’s funeral, then moves on to the conversation between Willis and Matt about how Matt wishes he could kill the man who murdered his son, but the reader does not know who killed Frank, how, or why. Next, in a long descriptive paragraph, Richard is introduced. He is first connected to Frank by the flat opening line of the next paragraph: “One night he beat Frank.” Only then does the reader learn about Mary Ann, and Matt’s and Ruth’s differing feelings about her. In a lovely, lyrical scene, Mary Ann joins the Fowlers for a barbeque after a day at the beach. Matt’s love for his son is mixed with a wistful attraction to Mary Ann. She is beautiful, but Matt sees in her eyes a sadness and pain that he and his family have been spared, and he wishes he could help and comfort her. The next paragraph starts with, “Richard Strout shot Frank in front of the children.” Such jarring shifts of mood are used to emphasize how quickly life can turn from sunny to violent and how swiftly the good things in life can be taken away. The story’s point of view is that of the limited omniscient narrator. The reader sees the events through Matt’s eyes only, so Ruth’s and Willis’s roles in the tragedy are only implied. There is little dialogue; instead, Dubus paints vivid descriptions...
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