...Radoff for abuse of process. Is Radoff protected by derived judicial immunity? Rule: Derived judicial immunity attaches to the delegation, appointment or court employment of a person acting in such capacity. Test: Is the person seeking immunity intimately associated with the judicial process and does that person exercise discretionary judgment comparable to that of the judge? Application: A court-appointed receiver acts as an arm of the court and is immune from liability for actions grounded in his conduct as a receiver. Conclusion: The trial court properly granted summary judgment on Radoff’s motion for summary judgment. Appellate courts are concerned with correcting errors in the application of the law or procedures The Federal Courts Federal District Courts The court of original jurisdiction Magistrates Appointed for an eight-year term Federal Appellate Courts Generally use a three-judge panel En banc proceeding involves all the active judges in a circuit Specialized Federal Courts Bankruptcy Judges serve a fourteen-year term Federal Claims Monetary...
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...Submitted on August 30th, 2013 Submitted on August 30th, 2013 Prepared for MHMRA, Purchasing Department Prepared by Network Solutions u All rights reserved. ALL OFFENDERS WILL AUTOMATICALLY BE SUED IN A COURT OF LAW. All rights reserved. ALL OFFENDERS WILL AUTOMATICALLY BE SUED IN A COURT OF LAW. All rights reserved. IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSES TO ANY OTHER PARTY, THIS PRODUCT IN HARD COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW. All rights reserved. IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSES TO ANY OTHER PARTY, THIS PRODUCT IN HARD COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW. Network Infrastructure Upgrade Network Infrastructure Upgrade Table of Contents Statement of Confidentiality & Non-Disclosure 2 Executive Summary 3 1. Company Background 4 2. Client Background………………………………………………………………………………………………5 3. Information of Needs……………………………………………………………………………………………6 3.1 MHMRA Requirements………………………………………………………………………………………….6 4. Project Scope…………………………………………………………………………………………………….7 4.1 Scope of Work……………………………………………………………………………………………………7 4.2 Network Scope…………………………………………………………………………………………………..7 5. Proposed Services………………………………………………………………………………………………8 5.1 Objectives………………………………………………………………………………………………………...
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...Mentoring and Intercultural Awareness Joint Assignment with International Students The objective of this assignment is to: a) Learn how to become a mentor b) Learn how to build intercultural relationships c) Become aware of intercultural issues in communication d) Learn the basic skills of networking You will be placed in groups of 4 - 5 students (two students from MGMT 1196 and two/three students from BUSI-1088 Strategies for Success-International.) This assignment (worth 15 %) is due in week 10 Friday Nov 8 at 3:00pm in the wooden drop box outside of B2025. This assignment is to be completed by Face-to-Face Interaction: Please follow the instructions below: 1. You are to meet with your assigned group three times outside of class time. 2. The group has the choice to decide when and where you will meet. Minimum amount of time for your meeting must be at least 45 minutes long. 3. The Group Leader will be a Human Resources Student. The Group Leader will send out an initial Email to introduce all team members to one another as well as coordinate the first meeting. Both instructors will be cc’d on the initial Email. 4. The other student will keep a record of the meeting in the form of meeting minutes. For each meeting you will need to work on the assigned topic/task and complete the Meeting Minutes as required. 5. Three meeting minutes must be submitted in total. 6. In week 10 each member must submit a personal reflection of this experience included...
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...Building Process Documentation at the Front Desk: The patient hand over an insurance card, this case the patient has Humana. On the care the office manager needs to verify if a referral or pre-authorization needs to be obtained and then contact the respective Primary care physician and get his documentation. Insurance verification data and a copy of the insurance card is sent to the billing office. The billing office scans the information and saves the documents. The Scanning department retrieve the information and it sent to the appropriate departments. Pre-coders then enter the key-in codes for insurance companies, doctors and modifiers. Pre-coders also add insurance companies, referring doctors, modifiers, diagnosis codes and procedure codes. The coding team assigns the Numerical codes for current procedural terminology and the diagnosis code based on the description given by the provider. The charge team has competent individuals who would first enter the patient personal information form the information given. Also they check for the relationship of the diagnosis code and the current procedural terminology. They create a charge, according to the billing rules pertaining to the specific carriers and locations. All charges are accomplished within an agreed turnaround time, about 24 hours. The daily charge entry then needs to be audited to double check the accuracy. Claims are filed and information sent to the transmission department. This department prepares a list...
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...State of Confusion Paper BUS/415 There are several stages to a civil lawsuit. The first stage is Pleadings. This starts off with the original court documents and involves one party that files the complaint. These documents state the initial plaintiff’s argument or case against the other party, also known as the defendant. This allows the defendant to have knowledge of the plaintiff’s facts amid legal grounds of their claims. At times when suing another party they may arise to suing you back, if in that case such a situation occurs, you will then fight back in court while also trying to defend yourself. Then a counterclaim can be filed by the defendant if they have an independent claim against the plaintiff. The second stage is Discovery. This includes depositions which entails the parties of deposing or interviewing under oath before the start of the trial. There are a few types discovery. One is written discovery which has its own two forms; Interrogatories and Requests for admission. Interrogatories are the questions that in your own version of the claims. Requests of admission mainly ask the party to deny or admit to the facts stated in the claim. Penalties can come about if not answered, or answered if false manner. Discovery can also include subpoenas from the court ordering individuals or organizations to produce certain documentation, interview under oath, or answer any written questions which would be the second form of discovery. The third is depositions. This...
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...IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION IN RE: : CASE NO. 04-60600 : ROY JESSE LISATH, : CHAPTER 7 STEPHANIE MYLO LISATH, : : JUDGE HOFFMAN Debtors. : : SSN: (LAST FOUR DIGITS ONLY) 0486 : SSN: (LAST FOUR DIGITS ONLY) 9643 : ------------------------------------------------------------------------------------------------------ RODELL RAHMAAN, : Adv. Pro. No. 05-02049 Plaintiff, : vs. : ROY J. LISATH, aka ROY JESSE LISATH,: Defendant. : PLAINTIFF’S RENEWED MOTION FOR DEFAULT JUDGMENT Now comes the Plaintiff, Rodell Rahmaan (hereinafter “Rahmaan”), by and through his undersigned attorney, and respectfully MOVES this Honorable Court for the entry of JUDGMENT BY DEFAULT against the Defendant, Roy J. Lisath, aka Roy Jesse Lisath (hereinafter “Lisath”), for the relief demanded in the Complaint, specifically that any judgment later obtained by Rahmaan upon those claims which are the subject matter of that certain civil action entitled Rodell Rahmaan v. City of Columbus, et al., designated case number C2-02-989, pending in the United States District Court for the Southern District of Ohio, Eastern Division, be DECLARED to be excepted from discharge upon the grounds set forth in 11 U.S.C. §523(a)(6), namely for willful and malicious injury. This Motion renews a Motion for Default Judgment previously served and filed on March 15, 2005, denied without prejudice by...
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...Tanya Trucker vs State of Confusion The federal court will have full jurisdiction over Tanya Trucker’s suit against the State of Confusion. According to the US court systems (uscourts.gov), federal courts have jurisdiction over cases that arise between state lines. Controversies that arise between two states or a state and the citizen of another state are to be held under federal jurisdiction. The case is one of controversy between a trucking company and a state law. Thus according to Article III, Section 2 of the U.S. Constitution, even though states are allowed to create further laws under those created by federal law, if a state law poses a controversy those concerns will be reviewed by a higher court system. The state of Confusion’s statute of using only a certain type of hitch (a B-type hitch that is only made in Confusion) in order to drive through the state is being used only as a financial gain. Confusion knows that truckers need to drive through the state and by creating this statute, allows the state to gain financially. The law for B-type hitches was not made to create safer roadways. This was created to make each truck driver to stop upon entering the state, purchase the new hitch, and then continue onwards. Therefore this statute can be considered unconstitutional on the means of it being solely created to produce extra income for the state. The Commerce clause determines whether or not a federal statute in constitutional, as well as allowing Congress to...
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...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 as either substantial or continuous and systematic, that California lacked jurisdiction over the defendant. Additionally, the defendant was not registered or licensed as a business in California; paid no California taxes, did not maintain any bank accounts; nor was any advertising such as print, television, or radio was directly targeted towards California residents. In Int'l Shoe Co. v....
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...1. Introduction And Brief History The concept of conciliated settlement of disputes is not alien to the traditional Indian culture and social life. Nyaya Panchayats and Gram Panchayat provided seats for resolving the disputes in rural areas on an immediate basis. Generally, any crime or civil dispute used to be resolved within the village itself. Either village elders or caste elders or family elders used to facilitate the process. The introduction of Lok Adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the victims for satisfactory settlement of their disputes. This system is based on Gandhian principles. It is one of the components of ADR systems. It is an Indian contribution to the world jurisprudence of ADR. Lok Adalat (people’s courts), established by the government settles dispute by the principles of justice, equity and fair play, which are the guiding factors for decisions based on compromises to be arrived at before such Adalats. The camps of Lok Adalats were initially started in the state of Gujarat in 1982. The first Lok Adalat was organized on 14th March 1982 at Junagarh. Maharashtra commenced the Lok Nyayalaya in 1984. The movement has now subsequently spread to the entire country. The reason to create such camps was only the pending cases and to give relief to the litigants who were in a queue to get justice. 2. Statutory Provisions Eminent judges of the Supreme Court and...
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...The different types of meetings is Formal meeting • • • • Informal meetings Semi-formal meetings Formal meetings – these are highly structured, and are governed by Corporations Law, the Constitution of a corporation, club or association, and the organization’s policies and procedures. Examples of formal meetings include board meetings and annual general meetings. Informal meetings – these are usually less structured than formal meetings, and are generally held to discuss ideas, share information and promote discussion. Examples include team meetings, project meetings, sales meetings and managerial meetings. Semi-formal meetings – combine elements of both informal and formal meetings. The meeting structure will be determined by the purpose of the meeting and the organizational requirements. Table 1.1 below sets out the main characteristics of formal and informal meetings. Formal meetings Informal meetings Held on predetermined dates and at predetermined locations. Can be impromptu, although usually scheduled and often in a convenient location. Controlled by the Chairperson. The team leader or supervisor may direct the meeting. Formal meetings are governed by a framework or procedure and strictly follow the agenda. Informal meetings often also have an agenda, however this can be more loosely followed, and participants can speak more informally. Requires formal documentation –...
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...ENACTMENT OF ORDINANCE PROCEDURES/STEPS: Section 1, Rule VIII of the Rules of Procedure of the Sangguniang Panlungsod on Procedure for Ordinances, Resolutions and other legislative matters provides that “legislative actions of a general and permanent character shall be enacted in the form of ordinances, while those which are ministerial or administrative in nature and of temporary character or matters relating to proprietory functions and to private concern shall be acted upon by resolutions.” Section 4, also states that “Before an ordinance may be finally enacted, it shall undergo three (3) readings,” to wit: a. – First Reading, which shall consist of the reading by the secretary of the title of the proposed ordinance and the name of its author/s and shall be referred by the City Council to the appropriate Committee/s without debate. b. – Second Reading, at which the proposed ordinance, after having been sponsored on the floor by the Committee Chairman or by any Committee Member designated for the purpose, shall be read in full in the manner recommended by the Committee/s, whereon the motion shall be subject, first, to debate, and thereto amendments and all proper parliamentary motion. When the validity of the ordinance or resolution mandatorily requires public hearing, the Sangguniang Panlungsod shall strictly adhere to the following procedures: After the draft ordinance or resolution shall have passed second reading, the...
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...SECURITY WEAKNESSES FOR QUALITY WEB DESIGN Contents Course........................................................................................................ Error! Bookmark not defined. Introduction ............................................................................................................................................ 3 Abstract .................................................................................................................................................. 4 Company Background.............................................................................................................................. 4 Software Weaknesses and Recommendations......................................................................................... 5 Hardware Weaknesses and Recommendations........................................................................................ 6 Network Security flaws and Recommendations ....................................................................................... 7 REFERENCES:........................................................................................................................................... 7 Introduction A company that deals with making web site and web business solutions is known as Quality web design. The company provides its customers to provide an opportunity so that they can spread their business through the internet. The other business solutions accompanied are accounting...
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...International Business Law Introduced by : Walaa Fouad Marian Zakria Marwa Gorib Tamer Gouda Case No. 5 5. State U had a long-standing relationship with N, the President of State P. President N had regularly provided information to State U’s national intelligence agency on activities of the political foes of State U both in State P and in the countries that neighbor State P. At the same time, State U had long ignored N’s activities in helping drug runners transport illicit drugs into State U. Now, a change in the government in State U has caused State U not only to disassociate itself from the intelligence activities of President N but also to condemn his drug-related dealings. In need of a boost in the political polls, the President of State U orders his military to invade State P and apprehend President N.This is done. President N is then put on trial in a State U court for violation of State U’s antidrug statutes. (a) Assuming that the court can be impartial, does it have jurisdiction to try President N? (b) Is President N immune from prosecution? Explain. Parties President N, State P N had regularly provided information to State U’s national intelligence agency on activities of the political foes of State U both in State P and in the countries that neighbor State P State U State U had long ignored N’s activities in helping drug runners transport illicit drugs into State U - a change in the government in State U has caused State U not only...
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...was recorded in the financial statements, and CPAsR-Us issued a standard unqualified opinion on Fast Eddie’s 2006 financial statements. Fast Eddie’s fiscal year-end is March 31. The government commenced its investigation into the allegations in late 2005 by obtaining a subpoena for all of Fast Eddie’s corporate records (both hard copy documents and computer files) related to government sales during the period in question. In 2006, the government provided Sweet Lou with a report detailing the allegations of defective pricing. At that time, Sweet Lou alerted the other officers at Fast Eddie of the manner in which he had prepared the documents in question. Fast Eddie immediately began an internal investigation to ascertain whether proper procedures had been followed when completing the governmental sales forms. Fast Eddie also retained an expert legal counsel in the field of procurement law in an attempt to determine whether the company had any legal exposure as a result of Sweet Lou’s actions. Fast Eddie determined that the sales forms had been...
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...State of Confusion Paper Tanya Tucker owns a trucking company in the state of Denial. She is extremely frustrated because of the statute that is in place in the state of Confusion. The state of confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is made by only one manufacturer located in the State of Confusion. Tanya’s truck drivers are facing issues when they drive through the state of Confusion because they do not have the required hitch. Tanya also does not want all of the additional expense in purchasing these hitches so her truckers can drive through the state of Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nation’s highways so this is an interesting case as Tanya is prepared to file a civil lawsuit. What court will have jurisdiction over Tanya’s suit and why? According to the United States Constitution, this particular case would fall into a federal court type of system. Another interesting fact with this is that the state of Confusion is the only state that is trying to force this type of statute. If there were interstate type statutes like this one, the case could potentially fall in to the Supreme Court’s lap at some point too. As for now, this case will most likely be heard by the United States district Court along with the United States Appellate Court when the appeals are taking place. Is the Confusion statute...
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