...company are potential subcontractors (they, obviously, specialize in flooring) on a federal construction contract worth a little over two million dollars ($ 2,000,000.00) recently awarded to the Jimmy Smith Construction Company (Jimmy Smith, the prime contractor). Neither Johnny nor his company have ever been part of a government contract before. He wants to know the ramifications associated with being a subcontractor on such a contract. His specific concerns are with protecting his ability to directly protest issues and concerns through the various courts and agencies able to handle such protests. He is specifically concerned that he may be left with only the option of suing Jimmy Smith if anything goes wrong on the contract. He would also like to have some assurance that he will get paid if the prime contractor becomes insolvent. You have agreed to steer Johnny in the right direction. What do you tell him? Include the rationale for your advice. I would explain that he does have the right to sue the prime contractors under the Miller Act and they also would be able to take action against the government if the prime contractor will agree to sure for them. The rationale is this; due to lack of privity of contract between the government and subcontractor, the courts have consistently barred subcontractors from direct access to the various Boards of Contracts Appeals and the federal courts in actions against the government. Only a very limited exception occurs when...
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...Alternative Dispute Resolutions: Arbitration Clause Saundra Stewart Kaplan University LS311-01: Business Law 1 Professor James Starcher May 1, 2012 Disputes, disagreements, differing opinions, and arguments, what do they all have in common? They all involve two persons or groups that have different ideas that are in conflict with the other. When these differences arise we as a civilized society usually are able to work out some solution that may work to the benefit of both parties. This process of resolving these conflicts is called Dispute Resolution. There are three basic categories of Dispute Resolution that are often used: 1) Negotiation; 2) Mediation; And 3) Arbitration. Negotiation is the process where the two parties will sit down with each other and usually reach an amiable agreement to resolve the differences. Mediation occurs when both parties agree to sit down with a 3rd party that is neutral. The main purpose of the 3rd party is to emphasize the commonalities that the parties have. Mediation is also less adversarial than the court room. The 3rd party can make a proposal but that proposal is not binding on either party. Arbitration is perhaps the most formal of the Alternative Dispute Resolutions that is used. In this method both parties will present their case to either and individual or panel of experts who will then make a decision and impose that decision on both parties. This is called Binding Arbitration. Not all Arbitration is binding but that is a matter...
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...Read more: Role of a Police Officer | eHow.com http://www.ehow.com/facts_5007770_role-police-officer.html#ixzz1tRP3wAxg Read more: Role of a Police Officer | eHow.com http://www.ehow.com/facts_5007770_role-police-officer.html#ixzz1tRPGtoCW Read more: Role & Duties of a District Attorney | eHow.com http://www.ehow.com/list_7774779_role-duties-district-attorney.html#ixzz1tRSe3av7 Learn About Cost, Courses, & More For Colleges With CSI Programs '12 www.CampusExplorer.com/CSI Read more: Role & Duties of a District Attorney | eHow.com http://www.ehow.com/list_7774779_role-duties-district-attorney.html#ixzz1tRSozElQ Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRTlS8rU Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRTwBvmX * Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRU8Bc2n Police Investigate Filing of Criminal Complaint After an alleged crime is investigated, the police initiate the criminal procedure by filing a complaint with the Magisterial District Judge (MDJ) in the area that the crime occurred. Once the complaint is filed, the MDJ will issue either a summons or a warrant of arrest, depending generally on the...
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...for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact lenzx009@umn.edu. Discovery in Labor Arbitration Laura J.Cooper* The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding: Arbitration may or may not be a desirable substitute for trials in courts; as to that the parties must decide in each instance. But when they have adopted it, they must be content with its informalities; they may not hedge it about with those procedural limitations which it is precisely its purpose to avoid. They must content themselves with looser approximations to the enforcement of their rights than those 1 that the law accords them, when they resort to its machinery. Today there is uncertainty about the appropriateness of discovery in labor arbitration 2 and confusion about the author* Julius E. Davis Professor of Law, 1987-1988, University of Minnesota Law School. The...
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... regardless of race, religion or culture, harmoniously living and working together into the future” Contents Introduction to Law and Business Ethics and Social Responsibility 3 Legal Dispute Resolution Process and Alternative Dispute Resolution Mechanisms 4 Business and the Constitution and Administrative Law 5 Business Crimes, Business Torts, and Product Liability 6 Contracts 7 Business Structure and Securities Regulation 8 Business Property and Antitrust Law 9 Employment Law 10 Introduction to Law and Business Ethics and Social Responsibility Include in this section information from Assignment 1.2. BP Oil, crisis in the Gulf The careless and unethical approach that BP Oil practices when drilling for oil, led to one of the largest man-made disaster in history. The Gulf of Mexico has had devastating results due to BP’s lack of action in regards to emergency protocol. Though the spill has since been capped and controlled, the aftermath isn’t going anywhere soon, with new problems emerging daily from the spill itself and from cleanup efforts as well. The extent of damage is numerous, and will cost BP millions of not billions in awards from the many law suits that stand, as well as ones pending. BP will never be able to fully restore or recover what once was. 27,000 workers are presently involved with cleanup efforts; Scientists from all fields are giving advice as well. A major cause for concern for all involved in relief efforts was the...
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...Chapter 3 Building permits Page 113 One purpose for requiring the issuance of building permits authorizing construction is to ensure that the issuing authority may ensure that the issuing authority may enforce the FBC and the Fire prevention code and thus provide for the safe construction, erection, alteration, repair and demolition of the building. Certain property such as schools federal, and state government faciliteies are not subject to permitting from local authorities State construction falls under the state uniform building code for public educational facilities The contractor will not be required to obtain a local building permit for the construction of the school on school property. However there may be local building permit requirements for utilities outside the school. There is a statutory formal building permit application. The law authorizes the building permit applications to be submitted in electronic form. The building department that accepts service permits in electronic form must provide access to the permit application through internet access in searchable way. A permit may not be issued for any building construction, erection, alteration modification, repair or addition unless the applicant for such permit complies with the requirements for the plan review status within the for the building code However the code shall set standards and criteria to authorize preliminary construction before completion of all building plans review, including but...
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...challenges faced when forming and operating the Sunshine State Medical Billing Service. The legal issues surrounding the business will be analyzed using a business law perspective, as well as a Christian worldview. This legal business plan was prepared by Karri-Marie Baskin, Suzanne Ludikhuize, Renada Manning, Susan Schaeffer, and Dixie Wallace. Executive Summary Sunshine State Medical Billing Service’s physical location is in Tampa, Florida. Because the billing company utilizes the internet, it is able to provide services to many doctor’s offices across the United States. Sunshine State Medical Billing Service selected the Tampa site for several reasons: Low corporate and unemployment taxes, no individual income tax, large hiring base and new business incentive programs. http://www.tampaedc.com/site-selection/business-incentive.aspx; http://money.usnew.com/money/business-economy/small-business/articles/2009/01/06 Sunshine State Medical Billing Service offers the best streamlined billing service via the latest technology in the nation. Our clients are licensed doctors, who choose to use an outside billing company to act as their agent to bill and collect fees due them for services rendered. While there is a growing trend of medical billing services being offered as a home business, our clients can be assured that all of our employees are certified medical billers. They are experts in eligibility benefits under Medicare, Medicaid and MediCal (California), as well as...
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...TYPE: = 5. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. ANSWER: T PAGE: 6 TYPE: = 6. To determine whether a law is constitutional, a court will only look at the law’s source. ANSWER: F PAGE: 6 TYPE: = 7. Uniform laws apply in all states, including those in which the laws have not been adopted. ANSWER: F PAGE: 6 type: N 8. State constitutions are supreme within their respective borders. ANSWER: T PAGE: 6 type: N 9. Statutory law does not include county ordinances. ANSWER: F PAGE: 6 TYPE: = 10. Every state has adopted the Uniform Commercial Code in its entirety. ANSWER: F PAGE: 7 TYPE: N 11. Common law is a term for law that is common throughout the world. ANSWER: F PAGE: 8 TYPE: = 12. Damages is the normal remedy at law today. ANSWER: T PAGE: 8 TYPE: = 13. Equitable remedies include injunctions and decrees of specific performance. ANSWER: T PAGE: 8 TYPE: = 14. In most states, a court cannot grant a legal remedy and an equitable remedy in the same case. ANSWER: F PAGE: 9 TYPE: + 15. Judges use precedent when deciding a case in a common law legal system. ANSWER: T PAGE: 10 TYPE: = 16. Courts do not depart from precedents. ANSWER: F PAGE: 10 TYPE: = 17. How the courts...
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...Electronic Arbitration ii Dispute Settlement NOTE The Course on Dispute Settlement in International Trade, Investment and Intellectual Property consists of forty modules. This module has been prepared by Mr. O. Cachard at the request of the United Nations Conference on Trade and Development (UNCTAD). The views and opinions expressed in this module are those of the author and not necessarily those of the United Nations, WTO, WIPO, ICSID, UNCITRAL or the Advisory Centre on WTO Law. The designations employed and the presentation of the material do not imply an expression of any opinion whatsoever on the part of the United Nations concerning the legal status of any country, territory, city or areas or of its authorities, or concerning the delimitation of its frontiers or boundaries. In quotations from the official documents and the jurisprudence of international organizations and tribunals countries are designated as reported. The United Nations holds copyright to this document. The course is also available in electronic format on the UNCTAD website (www.unctad.org). Copies may be downloaded free of charge on the understanding that they will be used for teaching or study and not for a commercial purpose. Appropriate acknowledgement of the source is requested. UNCTAD/EDM/Misc.232/Add.20 Copyright © United Nations, 2003 All rights reserved 5.9 Electronic Arbitration iii TABLE OF CONTENTS Note What you will learn 1. Dispute Resolution Methods in Electronic...
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...Chapter 1 ------------------------------------------------- The Constitutional Foundations ------------------------------------------------- N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Bank, = A question included in the previous edition of the Test Bank. | TRUE/FALSE QUESTIONS 1. State laws are the supreme law of the United States. ANSWER: F PAGE: 2 type: N BUSPROG: Analytic LO: 1-1 Bloom’s: Knowledge DIF: Easy AICPA: BB-Legal 2. The federal government and the states have the same constitution. ANSWER: F PAGE: 2 type: N BUSPROG: Analytic LO: 1-1 Bloom’s: Knowledge DIF: Easy AICPA: BB-Legal 3. State constitutions are supreme within their respective borders. ANSWER: T PAGE: 2 type: N BUSPROG: Analytic LO: 1-1 Bloom’s: Comprehension DIF: Moderate AICPA: BB-Legal 4. Statutory law includes state statutes and ordinances passed by cities and counties. ANSWER: T PAGE: 2 TYPE: N BUSPROG: Analytic LO: 1-1 Bloom’s: Knowledge DIF: Easy AICPA: BB-Critical Thinking 5. Statutes are laws enacted by Congress and the state legislatures...
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...International Court Of Justice Ans: The International Court of Justice (French: Cour internationale de justice; commonly referred to as the World Court or ICJ) is the primary judicial branch of the United Nations. It is based in the Peace Palace in The Hague, Netherlands. Its main functions are to settle legal disputes submitted to it by states and to provide advisory opinions on legal questions submitted to it by duly authorized international branches, agencies, and the UN General Assembly. The International Court of Justice (ICJ) was established under Chapter XIV of the United Nations Charter. It replaced the Permanent Court of Justice, which existed under the UN’s predecessor, the League of Nations. The ICJ is the only major UN body whose headquarters is not in New York City; the Court sits in The Hague, Netherlands. The Court is the principal judicial organ of the UN, and all members of the UN are ipso facto parties to the Statute of the ICJ. Fifteen independent justices, elected by the General Assembly and the Security Council, each serve on the Court for nine-year terms. The primary purpose of the ICJ is to render opinions on international legal disputes between States. These cases may only be submitted by States that have accepted the jurisdiction of the ICJ. Another purpose of the ICJ is to clarify significant international legal questions brought to it by the UN General Assembly and the Security Council. When a UN body brings an issue before the Court, they are requesting...
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...Executive Summary Over the years, Antitrust law has been instrumental in influencing healthcare. Whether we want to believe or not, antitrust law facilitated escorting medicine in as an establishment to take care of our communities and patients. Over the years, hospitals have been the brunt of antitrust litigation. Between 1985 and 1999 hospitals were defendants in 61 percent of 394 medical antitrust disputes that led courts to issue formal opinions (Hammer, Peter, J. and Sage, William, M., 2003). However, these numbers do not support the under published cases, which do not result in a judicial decision. When hospitals are healthcare conglomerates to provide services antitrust views them as just a business. The services provided by hospitals are complex from the services they provide to the technology they use to the human capital necessary to run the operations of the hospital. Unfortunately, antitrust law concentrates on the overall hospitals behavior and not its purpose. Therefore, not-for-profit designation and lifesaving intentions of the hospital consider immaterial to any type of analysis performed by antitrust. Hospitals reserve the right to enter into any joint venture agreement provided each entity is able to achieve its objects autonomous of one another and avoid becoming a dominate player in the market (Hammer and Sage, 2003). For the most part, it will be the market that dictates if the hospital meets the demands and services demanded by the community. The challenge...
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...Part Introduction to the Law 1. 2. 3. 4. 5. 6. 7. 8. Law, Legal Reasoning, and the Legal Profession Dispute Settlement Business Ethics and Corporate Social Responsibility Business and the Constitution Crimes Intentional Torts Negligence and Strict Liability Licensing and Intellectual Property 1 Chapter 1 1. 2. 3. 4. 5. 6. 7. Law, Legal Reasoning, and the Legal Profession LO Learning Objectives After you have studied this chapter, you should be able to: Identify the basic functions of law. List the various sources of law. Analyze a case using the four steps in the process of legal interpretation. Make a legal decision by applying the three-step, stare decisis process. Explain how law is able to change despite of stare decisis. Read a judicial decision and identify which school of legal jurisprudence the judge has followed. Explain when the attorney–client privilege and work product privilege arise and when they are lost. Jennifer regularly smoked marijuana and crack cocaine throughout the duration of her pregnancy. While she was in labor, she used rock cocaine. After the child was born with an addiction to cocaine, Jennifer was charged with violating a state law that provided: “It is unlawful . . . to deliver any controlled substance to a person under the age of 18 years.” The state asserted that Jennifer “delivered” cocaine to her child via blood flowing through the child’s umbilical cord in the 60- to 90-second period after the baby was expelled...
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...99 Chapter 8 Litigation Services Provided by Accountants CHAPTER SUMMARY Overview This chapter explains what standards apply to accountants when they perform litigation services, discusses how to qualify as an expert witness, gives tips for testifying at a deposition or trial, and points out the potential liability that accountants risk when they testify at trial. Litigation in the United States ¶8001 U.S. Tort Costs Climbing The U.S. tort system cost $248.1 billion in 2009, which was about $808 per U.S. citizen ($12 in 1950). U.S. tort costs accounted for 1.74 percent of GDP (2.09 in 2002). Increasingly inefficient, the U.S. tort system returns less than 50 cents on the dollar to people it is designed to help; only about 22 cents to compensate for actual loss. ¶8006 A Dispute Begins There are two different courtroom environments: civil and criminal. Some experts believe it is more difficult to convict in a criminal trial (e.g., Casey Anthony). Types of Litigation Services Provided by Accountants ¶8011 Consultant An accountant may be hired by an attorney to gather and interpret facts, prepare analyses, help the attorney interpret evidence, advise about issues and strategies involved in a legal matter, locate other accountants to act as consultants or expert witnesses, and help expert witnesses form their opinions. Accountants acting as consultants will not be asked to testify in a judicial or regulatory proceeding, and their work usually will be protected from disclosure...
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...contract for services rendered from July 1 to December 1, 1897, the sum of $ 2,307.69. This indebtedness is not denied by the Government of Venezuela, and an award is therefore made for said sum with interest thereon at 3 per cent per annum from December 1, 1897, to December 31, 1903, the anticipated date of the final award by this Commission. RUDLOFF CASE INTERLOCUTORY DECISION (By the Umpire:) The protocol requiring that claims shall be considered upon the basis of absolute equity, the Commission in doing equity has the right to examine and determine whether the provision of a contract requiring all disputes to be submitted to the local courts is equitable under the circumstances, and, in this case, the contract provision being found to work inequitably, jurisdiction of the claim is entertained. DECISION ON MERITS (By the Commission:) A contract entered into by the minister of public works of the nation and the governor of the Federal District duly authorized by the Chief Executive of the nation, is to be considered as a contract made by the National Government, especially where the National Government entered into an agreement as to free entry of materials for the fulfillment of the contract. Consequential damages disallowed. Award made for value of property arbitrarily destroyed. No sufficient evidence as to value of concession having been submitted, claim for loss on this ground disallowed. BAINBRIDGE, Commissioner (claim referred to umpire on preliminary...
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