...forms Legal Forms of Business Paper Yaciel Toledo Law/531 June 3rd, 2011 University of Phoenix Legal Forms of Business Paper Selecting the best form of operating a business depends on the type of business the owner wants to run. The owners have to pick the structure that best meets their needs. “The selection depends on many factors, including the ease and cost of formation, the capital requirements of the business, the flexibility of management decisions, government restrictions, personal liability, tax considerations, and the like” (Henry Cheeseman, 210, p. 529) Moreover, choosing the right form to run a business will also determine how the business is organized, how the cash flow is, and how the business is taxed. “The most common forms of business organization are: sole proprietorship, general partnership, limited partnership, limited liability partnerships, limited liability company, and corporation” (Henry Cheeseman, 210, p. 529). According to the situation given, the best form is limited partnership. Limited partnership refers to the types of owners the business will have, general (managers) and limited partners (investors). In this sense, Monica, and Susan will be the managers of the businesses because they both will operate the business with their skills, Susan with her computer graphics skills and Monica with her marketing skills. Whereas Vic will be the investor providing some capital to run the business, she will not be part of management;...
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...Legal Studies Term Papers The following article provides a brief synopsis on one of the domains of the legal studies, known as the critical legal studies. By the term “legal”, it is evident that the concerned domain is related to a theory or a movement, which is established upon law, official or accepted rules and regulations. The discipline of legal studies comprises of the decrees, which are formulated in order to maintain the regime in the country and eliminate the traces of injustice. However, the politicians to sustain their chain of command may also use them. The nitty-gritty of the Critical Legal Studies (CLS) movement was brought into being in the year 1960 on the occasion of the participation of individuals in the social policy that was meant to achieve goals through direct or militant action during the Vietnamese War. The erudite scholars of the following era had begun employing diversified theories to the field of law and made enormous contribution in reshaping the discipline of legal studies. However, the legitimate appearance of the legal studies movement was observed in the year 1977 at a conference being held at the University of Wisconsin-Madison. The CLS movements were on an increase during 1980s in the United States. However, the British or the European CLS did not succeed in gaining its aimed targets except for the Finnish international lawyer Martti Koskenniemi, who had played a significant role in the Critical Legal Studies campaigns. Some of the...
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...Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (1976) Facts: The Appelle was terminated from the Lovington Good Samaritan Center, Inc. On June 4, 1974. On June 12, 1974 Mrs. Mitchell applied for unemployment compensation benefits. She was initially disqualified from seven weeks of benefits by a deputy of the Unemployment Security Commission. Mrs. Mitchell then fill an appeal, the Appeal Tribunal reversed the deputy’s decision. Mrs. Mitchell’s benefits were reinstated on August 28, 1974. On September 13, 1974 the center appealed the decision made by the appeal tribunal to the whole commission. The commission over ruled the Appeal Tribunal and reinstated the seven week disqualification period. Mrs. Mitchell then applied for and was granted certiorari from the decision of the commission to the District Court of Bernalillo County. The District Court reversed the commission’s decision and ordered the benefits to be reinstated. Issue: The issue is whether Mrs. Mitchell’s actions constituted misconduct under § 59-9-5(b), N.M.S.A. 1953 Rule: The term “misconduct” is not defined in the Unemployment Compensation Law. The Wisconsin Supreme Court found that in a prior case no statutory definition of misconduct existed, and they formulate a definition for such. The Supreme Court of New Mexico adopts that definition and hold Mrs. Mitchell’s acts constituted misconduct. Applying: Mrs. Mitchell’s insubordination, improper attire, name calling, and other conducted evidence...
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...Successful organizations will attract, engage, develop, and retain the best and brightest employees in the future. Success will belong to those organizations who define return on investment not only in terms of profit and loss but also as the development and aggregation of human and intellectual capital (Rich, 2000). Today, the government like most organizations public and private is struggling to hire skilled workers in a tight labor market. As a result, recruiting strategies are becoming more and more important. Examining candidates to work for any organizations to determine their competence is always a challenge.in today’s competitive environment for attracting good global talent companies need to pay particular attention to the perception of the company on the part of candidates and new hired people. A well thought out and extensive assimilation process often makes new employees more likely to stay by helping your employees recognize that they work in a multi-cultural environment or a global environment is an official reminder that there is an expectation that they will attend to cultural differences because the meaning of job titles and job responsibilities vary across cultures. For most employers, the application form is the first step in the selection process. Application forms provide a record of salient information about applicants for positions, and also furnish data for personnel research. Interviewers may use responses from the application for follow-up questions during...
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...Miranda v. Arizona What are the important facts? Miranda was arrested for rape and kidnaping of an 18 year old girl. He was taken in custody. He was then interrogated by two police officers for two hours, which resulted in a signed, written confession. A written confessions were presented to the jury. Miranda was found guilty of kidnapping and rape and was sentenced to 20-30 years imprisonment on each count. On appeal, the Supreme Court of Arizona held that Miranda’s constitutional rights were not violated in obtaining the confession. What is the question the court is being asked to answer? Whether “statements obtained from an individual who is subjected to custodial police interrogation” are admissible against him in a criminal trial and whether “procedures which assure that the individual is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate himself” are necessary. How did the Court rule? Supreme Court holding" the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.” As such, “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. Why did the...
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...Running Head: Legal Forms of Business Paper Legal Forms of Business Paper Yajaira Francisco LAW/531 Business Law Instructor Robert Lewandowski April 8, 2013 Legal Forms of Business Paper Starting a business involves knowledge of the different options for forming an organization. A business owner should research the liability and risks that a business may encounter in the future. Depending on the type of business formation, a business owner needs to protect their personal assets in the event of a possible lawsuit. This paper will provide an explanation and scenarios for the different options of business formation: corporation, S corporation, franchise, limited liability company, limited liability partnership, partnership, and sole proprietorship. Corporation A future business owner is interested in establishing a service company such as a construction company, auto repair, auto detailing, cleaning service or event planning. The risks for lawsuits are very high. Any customer can file suit for a variety of reasons. The future business owner must seek a team that has the knowledge in operating a service company and understand the type of business law involved. The future business owner is working with a team of individuals that are willing to invest in the company and its vision. The first step is to form a business that will protect the personal assets of all parties involved in the company. The business owner has decided to form a corporation. A corporation...
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...Legal Process MGT/434 Introduction When we look at the many legal processes that cover employment law, we will discover that the law has many parts that would be dependent upon the type of specialty, area, employment, and classifications of employer and employee. “The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer” (Cornell Law, 2012). John is an employee in a private sector organization; He wants to file a discrimination complaint against his employer. In this paper, we will become familiar with the basic system utilized in filing a discrimination complaint against an employer. The system or process for filing complaints regarding discrimination is similar with variations based upon the type of discrimination. Discussion The primary source for filing complaints is the EEOC (Equal Employment Opportunity Commission). The EEOC was enacted by Congress in 1972 and is “responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information” (EEOC, 2012). This paper will review the steps that should be taken by an employee...
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...Legal Process Paper The federal agency that serves as the body to protect employees from employment discrimination based on race, sex, national origin, religion, age, or disability is the Equal Employment Opportunity Commission (EEOC). Discrimination is the process that treats an individual differently based on preconceived ideas (Duhaime, n.d.). An employee who thinks he has been the subject of discrimination has the right to file a complaint with the EEOC. In this paper, there will be an analysis of an employment discrimination complaint and civil litigation process from the initial EEOC filing and if necessary, through the state, and federal court systems. The paper will also include a discussion of other relevant aspects to address discrimination complaints and workplace disputes. Overview of the EEOC Process John is an employee in a private sector organization, and he thinks he has been subject to discrimination. He wants to file a discrimination complaint. The first step in the process is the requirement to file a Charge of Discrimination. This is done by contacting any EEOC office (EEOC, 2009). The deadline for the employee to file the charge is 180 days after the occurrence of the discrimination. Although the deadline can be a total of 300 days, if the occurrence of the discrimination took place where state or local anti-discrimination laws exist (EEOC, 2009). The state and local agencies responsible for enforcement of the anti-discrimination laws are the Fair Employment...
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...Legal Process Paper University of Phoenix Shannon Stracener MGT/434 10/27/14 Jennifer Schneider Legal Process Paper John is an employee in a private sector organization and wants to file a discrimination complaint against his employer. Although the U. S. Equal Employment Opportunity Commission (EEOC) enforces Federal Laws that protect employees and applicants from employment discrimination in the work place, which includes bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment, only some types of discrimination are currently punishable through the U. S. legal system. Though anyone can file a discrimination complaint with the EEOC, John must show that he has been discriminated against because of his race, religion, national origin, disability, or age in order to receive a right-to-sue letter. Filing a Charge of Discrimination As an employee in the private sector, if John isn’t sure whether or not his employer is covered, he should contact one of the EEOC field offices as soon as possible and they can make that decision. Even if John’s employer is not covered by the laws that the EEOC enforces, his employer may still be covered by a state or local agency that enforces that law. The EEOC can refer John to the appropriate state or local agency that enforces anti-discrimination laws. “Through its administrative enforcement process, the Commission receives, investigates, and resolves charges of employment...
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...LEGAL PROCESS Shanees Gay MGT/434 October 12, 2015 University of Phoenix LEGAL PROCESS PAPER Introduction Discrimination in the workplace comes in many forms. Workplace discrimination happens when a member of a protected class is treated differently than their peers. An act of discrimination may occur in relation to refusal to hire, termination, denial of training, etc. This may happen simply because of the employee’s race, gender, nationality, religion, ace, disability, and even familial status (a pregnancy). Employees are protected under the Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC). Complaint Process John must begin the civil litigation process beginning with the Equal Employment Opportunity Commission (EEOC). The agency have put laws in place that governs the employers and employee procedures when a complaint is issued. The Equal Employment Opportunity Commission is the leading agency for handling issues of job discrimination and deals with most matters of employment discrimination under federal laws. (Bennett-Alexander, 2004, Retrieved October 12, 2015). The first step John should take is to decide whether or not he wants to take action (this is always the hardest step for an employee). Most of the time, workplace discrimination goes un-noticed and even un-mentioned. Once John has made the decision to take action by reporting the issue, he must file an official complaint with the EEOC. Once the...
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...Legal Process Paper All over America many Americans have been the victims of some form of discrimination. Even innocent children have fallen victim as students to bias teachers who prefer one personality to another. Still, an even more detrimental form of discrimination can be found hidden in the U.S. workplace. Discrimination in the workplace, or Employment discrimination, can “include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment” (Cornell, 2009). Though unfortunate, there are only some types of discrimination that are currently punishable through the U.S. legal system. “Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers” (Cornell, 2009). John is an employee in the private sector, which means he has protection from discrimination for any of these reasons. Usually, discrimination laws protect minority populations or groups traditionally affected by discrimination in the past. For example, if John is a white male he will not likely be able to file with the EEOC for racial discrimination. On the other hand, if he is Native American or African American, he will find protection under Title VII of the Civil Rights Act of 1964. In the same way, if John is over the age of 40 “the Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age” (Cornell, 2009)...
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...Legal Process Paper University of Phoenix Employment Law/MGT 434 Anne Peters November 04, 2008 Legal Process Paper In this paper, employees will learn the basic process, to file a discrimination complaint against an employer. The process to file a complaint base on any type of discrimination is very similar; however, in this case the discrimination is Racism. John Flores, is a 40 year old male, with African American, and Hispanic parents. He works for the private sector, and has been at his job for 10 years. John has never had a problem at work, everyone treats him with respect, and he has been employee of the year several times. John is the only African-Hispanic in the company. Up to 3 months ago, John thought he had the best job. What happened?, John’s company merge; there was some lay offs; and John’s supervisor took early retirement. Harold Smith, became John new supervisor, and John from day one introduced himself, and put himself at the supervisors disposition, offering shake Mr. Smith’s hand; however Mr. Smith refused to shake John’s hand because according to Mr. Smith he had is hands dirty. John did not think anything of it at the time. This continued to happen, every time John offer to say hi, Mr. Smith continued to dismiss John; however, John thought that maybe Mr. Smith had a medical condition that he did not now about, and decided to not push it any longer; however, he continued to see ...
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...Assignment 1: Employment-At-Will Doctrine Due Week 3 and worth 200 points As a manager and supervisor of an accounting department, discuss the following issues related to the employment-at-will doctrine and liability of an employer based on actions and responses to the employee’s behavior and actions. Jennifer, a recent graduate, has recently been hired by your accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need your attention. * For each category of behavior, describe what steps you would take to address the situation. Write a four to five (4-5) page paper in which you: 1. Describe what steps you would take to address the following scenario involving skills, competence, and abilities: I have been observant of the behavior and work ethic of your new employee Jennifer. She is a recent college graduate and she has been unable to learn basic computer applications that are vital to her everyday job functions. I am aware that you offered Jennifer training opportunities and well as supported her to perform better but that still has not assisted her. The next steps that need to take place in order for Jennifer to be productive are to counsel her on the work assignments she has and advise her that her performance is inadequate. Explain the reasons why her work is inadequate. Specifically state what she is doing and what is unacceptable about the work she is providing. Explain to Jennifer what is expected...
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...ANALYSIS PAPERS INSTRUCTIONS You are required to complete 3 separate analysis papers over the selected topics. Each paper must be 3–5 pages in length not including the title page, abstract page, and reference page. Each paper must be supported by at least 3 scholarly sources cited in current APA format. You will use references from both textbooks and outside peer-reviewed sources. The peer-reviewed sources must be chosen from PsycArticles or a similar search format from the Liberty University Online Library. Please consult the Analysis Papers Grading Rubric for this assignment. Analysis Paper 1 Consider yourself within the context of the “ecological model” and discuss how this model has influenced your own development. You will recall from your reading of McWhirter et al. that development is the result of “interconnected and embedded ecological systems”. Refer to Bronfenbrenner’s “ecological model” and the “at-risk tree” to complete your discussion. You will use your textbook and the Clinton et al. text as your references in addition to 2 other scholarly sources. Submit this assignment by 11:59 p.m. (ET) on Sunday of Module/Week 2. Analysis Paper 2 Manuel is a 15-year-old “at-risk” adolescent, with whom you have been working at your practicum site. One day when you are talking with him, he reports that he is extremely depressed and just doesn’t care about living anymore. List 4 of the “Legal Do’s and Don’ts” outlined in the text that you will want to consider when...
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...India's pulp and paper sector PESTLE Analysis PESTLE analysis is a useful tool for understanding the industry situation as a whole, and is often used in conjunction with a SWOT analysis to assess the situation of an individual business. PESTLE stands for “Political, Economic, Sociological, Technological, Legal and Environmental” factors. The questions to ask are: § What are the key political factors likely to affect the industry? § What are the important economic factors? § What cultural aspects are most important? § What technological innovations are likely to occur? § What current and impending legislation may affect the industry? § What are the environmental considerations? Political Factors The Political factor refers to the governmental policies which are much influenced by the economic situation in a country. It is a macro aspect of analyze which deal with major changes to the government policies of a country. It has great influence to the business outlook and confidence. Political factors often comprises of - Current taxation policy - Future taxation policy - The current and future political support - Grants, funding and initiatives - Trade bodies - Effect of wars or worsening relations with particular countries Economic factors The Economic factor is an area where macro economic environment can affect the outlook and competitiveness of any business sectors in the country. Economic factors comprises of - Overall economic situation - Strength of...
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