...Business Law Midterm Fall 1999 Fall 1999 Professor Isler True/False Indicate whether the sentence or statement is true or false. ____ 1. The stability and predictability created by the law is essential to business activities. ____ 2. The federal government retains all powers not specifically delegated to the states. ____ 3. There is a specific guarantee of a right to privacy in the Constitution. ____ 4. Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship. ____ 5. Disparagement of property is another term for appropriation. ____ 6. The degree of care to be exercised in a situation can vary with a person's profession or occupation. ____ 7. The doctrine of strict liability applies only to abnormally dangerous activities. ____ 8. Trade dress has the same legal protection as trademarks. ____ 9. Counterfeiting constitutes forgery. ____ 10. Under the mailbox rule, an acceptance can be valid as soon as it is sent. Multiple Choice Identify the letter of the choice that best completes the statement or answers the question. ____ 11. Alan is a judge. The function of Alan and other judges is to |a. |decide cases on the basis of their opinions about the issues. | |b. |decide cases on the basis of their personal philosophical views. | |c. |interpret and apply the...
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...Chapter 1 Introduction to Law and 1. The stability and predictability created by the law is essential to business activities. ANSWER: t PAGE: 2 type: = 2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. ANSWER: T PAGE: 2 TYPE: = 3. The natural law philosopher believes that formal law is inferior to universal moral and ethical principles that are part of human nature. ANSWER: T PAGE: 3 TYPE: = 4. Constitutional law includes only the U.S. Constitution. ANSWER: F PAGE: 6 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...
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...INTRODUCTION( Sid Meier’s Civilization V( ) V) Civilization V ( V) DIGITAL MANUAL( Civilization V( ) (Digital Manual) PDF V) (modding) Sid V) C:\Program Meier’s Civilization V( Files\Steam\steamapps\common\sid meier’s civilization v THE CIVILOPEDIA( Civilization V( F1 ) V) (Help) THE CIVILIZATION V WEB SITE( www.civilization5.com Civilization V( (modding) V ) V) Civilization V( V) 2 SYSTEM REQUIREMENTS( Windows XP SP3( ) Windows Vista SP2 Windows 7) Intel Core 2 Duo 1.8 GHz or AMD Athlon X2 64 2.0 GHz( 2.4 GHz Quad Core CPU ) 2 GB RAM( 8 GB DVD DVD 256 MB ATI HD2600 XT Core i3 512 MB nVidia 9800 DirectX 9.0c ® 4 GB RAM ) 256 MB nVidia 7900 GS ( 512 MB ATI 4800 ) DirectX® DirectX® 9.0c ( ) INSTALLATION( Civilization V( ) V) BOX INSTALL( Steam Steam ) Sid Meier’s Civilization V( V) STEAM INSTALL( Steam (Games list) ) V) Steam V) Civilization V( V) (Install) Civilization V( Steam (Games) (Activate a Product on Steam) (Next) Civilization V( Steam 3 THE INTERFACE( THE MAIN MAP( ) ) – – – – – – [Page Up] [Page Down] ( ) THE STRATEGIC VIEW( ) KEYBOARD AND MOUSE( Civilization V( ) Civilization V( V) V) Enter Space ( . , F1 F2 ) F3 F4 F5 F6 F11 F12 4 produCt Support (技術支援) www.2kgames.com/civ5/support liMited SoftWare Warranty; liCenSe agreeMent, and inforMation uSe diSCloSureS This document may be updated from time...
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...MGMT 597 Week 2 Assignment: Cases 14.2, 16.10, 18.2, 20.3 Ifeyinwa Onyekwena Keller Graduate School of Management 14.2 - Real Property Robert Briggs and his wife purchased a home located at 167 Lower Orchard Drive, Levittown, Pennsylvania. They made a down payment and borrowed the balance on a 30-year mortgage. Six years later, when Mr. and Mrs. Briggs were behind on their mortgage payments, they entered into an oral contract to sell the house to Winfield and Emma Sackett if the Sacketts would pay the three months’ arrearages on the loan and agree to make the future payments on the mortgage. Mrs. Briggs and Mrs. Sackett were sisters. The Sacketts paid the arrearages, moved into the house, and continued to live there. Fifteen years later, Robert Briggs filed an action to void the oral contract as in violation of the Statute of Frauds and evict the Sacketts from the house. Who wins? Briggs v. Sackett, 275 Pa. Super. 13, 418 A.2d 586, Web 1980 Pa.Super. Lexis 2034 (Superior Court of Pennsylvania) In this case the statute of frauds applies in 3 ways. The statute of frauds states that a written contract is required under the following circumstances present in the case: • When real property is involved – A home is classified as real property, therefore any transfer of ownership is required to be written; • When the contract cannot be performed in one year – Since the mortgage transfer had a remaining duration of 24+ years (including payments in arrears) it satisfies the criteria...
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...FIRST DIVISION [G.R. No. 108734. May 29, 1996] CONCEPT BUILDERS, INC., petitioner, vs. THE NATIONAL LABOR RELATIONS COMMISSION, (First Division); and Norberto Marabe, Rodolfo Raquel, Cristobal Riego, Manuel Gillego, Palcronio Giducos, Pedro Aboigar, Norberto Comendador, Rogello Salut, Emilio Garcia, Jr., Mariano Rio, Paulina Basea, Aifredo Albera, Paquito Salut, Domingo Guarino, Romeo Galve, Dominador Sabina, Felipe Radiana, Gavino Sualibio, Moreno Escares, Ferdinand Torres, Felipe Basilan, and Ruben Robalos,respondents. D E C I S I O N HERMOSISIMA, JR., J.: The corporate mask may be lifted and the corporate veil may be pierced when a corporation is just but the alter ego of a person or of another corporation. Where badges of fraud exist; where public convenience is defeated; where a wrong is sought to be justified thereby, the corporate fiction or the notion of legal entity should come to naught.The law in these instances will regard the corporation as a mere association of persons and, in case of two corporations, merge them into one. Thus, where a sister corporation is used as a shield to evade a corporations subsidiary liability for damages, the corporation may not be heard to say that it has a personality separate and distinct from the other corporation. The piercing of the corporate veil comes into play. This special civil action ostensibly raises the question of whether the National Labor Relations Commission committed grave abuse of discretion when it issued a break-open...
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...Transmittal Letter December 4, 2010 Tumi Luggage in Brazil: A Feasibility Study Tumi Luggage is a very popular , high end, luxurious product. With its success in the US, in some parts of Europe and Asia, it is with best interest to research the feasibility in expanding its operations i nto the beautiful and lucrative country of Brazil. Feasibility and Marketing Plan: Tumi Luggage in Brazil Dr. Judy Strauss Associate Professor of Marketing University of Nevada, Reno Reno, Nevada 89557 Dear Dr. Strauss: We are pleased to present you with Bulletproof’s Feasibility and Marketing Plan for Tumi Luggage in the beautiful and lucrative country of Brazil. This plan will assist you in gaining valuable insight into the opportunity available for Tumi Luggage in Brazil. This plan is the result of an extensive research utilizing both primary and secondary findings. The suggestions proposed are carefully correlated with the market opportunities that are currently present in Brazil. The plan has been constructed in three different sections: (1) analysis of the potential market in Brazil, (2) the technical, financial and organizational elements that should be considered when entering the Brazilian market and (3) a marketing plan, if implemented, could create an overall increase in brand recognition, Tumi’s profitability and overall global market share. It is with confidence that the recommendations contained in this plan will cultivate excellent opportunities for Tumi Luggage, and...
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...Copyright and the Internet Hector L MacQueen*(* LLB (Hons), PhD, FRSE, Professor of Private Law, University of Edinburgh, email hector.macqueen@ed.ac.uk. This is a substantially revised, updated and rewritten version of the chapter which appeared under the same title in L Edwards and C Waelde (eds), Law and the Internet: Regulating Cyberspace (1997). I am grateful to those who commented upon that earlier version, to those who sent me information about developments on the Internet (especially Dr Athol Murray), and to the editors once again for their help, guidance and patience over a prolonged period.) Introduction A major issue for copyright lawyers at the present time is how to deal with the rapid development of the Internet and the prospect of the ‘information superhighway’, world-wide telecommunications systems which permit the rapid, indeed virtually instantaneous transmission around the world, at times chosen as much by individual recipients as by transmitters, of information and entertainment in all media - print, pictures still and moving, sound, and combinations thereof. The issues are manifold. Is the ease of perfect reproduction and manipulation of material in the digital form used by our communications systems the death-knell of the whole basis of copyright? Are we at least going to have to reconsider such fundamentals of copyright law as what constitutes publication, copying and public performance, or the old distinctions between categories of work such as literary...
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...AnnuAl RepoRt 2011 _ In 2011, we responded the way smart companies should in the face of the continuing global economic crisis by aligning our resources to meet the evolving needs of our customers and lead market changes. As a result, we achieved excellent results despite the challenging business environment by recording 2.478 million units in global retail sales, which is an 18.6% increase from the previous year. Kia Motors has consistently driven toward a better future through global management, design management and sustainable management. And now we are paving the way toward the future of mobility and greater value for all of our stakeholders. Contents 02~08 16~25 26~37 financial Highlights 02 & 2011 at a Glance Chairman’s message 06 Vice Chairman’s message 08 our PerformanCe Domestic Business Performance 18 overseas Business Performance 20 Global awards List 24 our strenGtHs Design management 28 Branding 32 marketing 34 2011 new models 36 38~47 48~121 our future research & Development 40 Global r&D network 44 eco-friendly models 46 & Concept Cars financial review 48 Product Line-up 114 Company History 116 Board of Directors 118 Global network 120 finanCiaL HiGHLiGHts 2011 2010 2009 2008 2007 30,255,179 26,275,144 25,962,876 25,583,550 19,461,002 3,934,169 2,914,146 2,792,286 1,408,847 1,156,943 Current assets 11,075,187 9,763,671 11,208,990 ...
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...William & Mary Law Review Volume 45 | Issue 4 Article 5 A Pattern-Oriented Approach to Fair Use Michael J. Madison Repository Citation Michael J. Madison, A Pattern-Oriented Approach to Fair Use, 45 Wm. & Mary L. Rev. 1525 (2004), http://scholarship.law.wm.edu/wmlr/vol45/iss4/5 Copyright c 2004 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. http://scholarship.law.wm.edu/wmlr A PATTERN-ORIENTED APPROACH TO FAIR USE MICHAEL J. MADISON* ABSTRACT More than 150 years into development of the doctrineof "fairuse" in American copyright law, there is no end to legislative,judicial, and academic efforts to rationalizethe doctrine. Its codification in the 1976 CopyrightAct appearsto have contributedto its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practicesand patterns.In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby-case" application of the statutoryfair use "factors"to the defendant's use of the copyrighted work in question. A more explicit acknowledgment of the role of these patterns in fair use analysis would be consistent with fair use, copyright policy, and tradition. Importantly, such an acknowledgment would help to bridge the often difficult conceptual gap between fair use...
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.......................................................7 1.2. Structure ..........................................................................................................7 1.3. Definition of terms .........................................................................................8 2. Valuation models in mining and metals industry ................................................12 2.1. Special features of metals and mining companies ........................................12 2.2. Classification of valuation models ................................................................15 2.3. Resource & Reserve .....................................................................................17 3. Valuation of Explorations properties ...................................................................20 3.1. Appraised Value Method (Cost Approach) ...................................................23 3.2. Comparable Transactions (Market Approach) ..............................................24 4. Cycle importance in valuation of metals and mining companies .......................29 5. Discounted Cash Flow ............................................................................................35 5.1. Introduction ...................................................................................................35 5.2. Inputs and Mechanics of DCF analysis ........................................................36 5.3. Discount Factor...
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...players are likely to record a better performance than independent over the past few years. The main reason for this is that more people pay attention to service quality and food safety standards while chained operations are perceived in Vietnamese eyes as delivering better standards in this regard. Major cities such as Ho Chi Minh City and Hanoi will remain the centre of the fast food industry. KFC entered the Vietnamese in 12/1997 in Ho Chi Minh City. KFC is commonly known in Vietnam under the special name “Ga ran KFC” — a fast food restaurant chain serving the meals made from chicken, hamburgers and the most famous meal is fried chicken sandwiches, chicken pot pies, crispy chicken strips, wraps and salads. KFC is part of Yum! Brands, Inc., the world's largest restaurant company in terms of restaurant system, with more than 36,000 locations around the world. To this day, among big competitive brands, KFC is the market leader in Vietnam with over 140 restaurants throughout Vietnam. KFC was one of the first international players to enter the Vietnamese fast food category. The brand’s main competitive advantages were its long-standing presence, affordable price and customized dishes based on Vietnamese preferences. The company possessed an effective and nationwide outlet network, with all outlets being...
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...International Journal on Social Science Economics & Art Conceptual Paper: Factors Affecting the Demand of Smartphone among Young Adult. Mei Min, Chow1, Ling Hong, Chen2, Jian Ai, Yeow3, Pei Wah, Wong4 1,2,3 Faculty of Business & Law, Multimedia University (MMU), 75450, Bukit Beruang, Melaka, Malaysia. E-mail: mmchow@mmu.edu.my; lchen.hong@gmail.com; jayeow@mmu.edu.my 4 Centre for Diploma Programmes, Multimedia University (MMU), 75450, Bukit Beruang, Melaka, Malaysia. E-mail: pwwong@mmu.edu.my Abstract— The term ‘Smartphone’ has commonly discussed among young adult especially students from higher learning institutional. Cell phone has becoming a part of their life-tool eventually. Young adult eventually used their phone to communicate with people, alarming themselves from few reminders, direct ways, downloading songs and games, texting messages and more. According to Rice and Katz (2008), the cell phone can be said as a social medium that developing into a multimedia digital platform which has the ability to provides, obtains, and shares personal and social information. However, the market eventually has a higher technology which is called Smartphone. Several industries have hurriedly espoused mobile devices, such as personal digital assistants (PDAs) which have the capabilities of integrating wireless connections and mobile devices that auxiliary pushed the demand effectively in every industry by having a new buzzword, “Smartphone,” illustrates this popular PDA-phone...
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...PETROLEUM IN BRAZIL: Petrobras, Petro-Sal, Legislative Changes & the Role of Foreign Investment ANDREW D. FISHMAN George Washington University Washington, DC 20052 (860) 690 - 7553 AFishman11@Gmail.com Introduction On November 8, 2007, the state-owned Petróleo Brasileiro S/A (Petrobras) announced that it had discovered a “monstrous” reserve of light oil in the Tupi field of the Santos basin, off the coast of southern Brazil. A day later it removed 41 adjacent exploration blocks from a scheduled government concession auction to reanalyze how to best exploit the new resources.1 Since opening its petroleum industry in 2007, Brazil has attracted hordes of foreign corporations and created hundreds of thousands of jobs. In 2009 President Lula proposed sweeping changes to the industry in the form of four bills that would greatly increase the government’s involvement and relegate foreign oil companies to the role of “subservient partners.” In that same year, Petrobras successfully executed a public stock offering worth almost $79 billion (bn). Yet despite the largest public offering in history and tens of billions of barrels in proven and expected reserves, analysts at Credit Suisse and Deutsche Bank, among others, have downgraded Petrobras’ investment rated to “neutral” and “hold,” respectively. Despite incredible potential, uncertainty over the potential increase in government control, over-ambitious targets, infrastructural bottlenecks, technological capabilities, and corruption...
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...Chapter Three 3 Fundamentals of Cost-Volume-Profit Analysis Orientation P A R T 1 LEARNING OBJECTIVES Preparing and Organizing Yourself After reading this chapter, you should be able to: for Success in College L.O.1 Use cost-volume-profit (CVP) analysis to analyze decisions. L.O.2 Understand the effect of cost structure on decisions. L.O.3 Use Microsoft Excel to perform CVP analysis. L.O.4 Incorporate taxes, multiple products, and alternative cost structures into the CVP analysis. L.O.5 Understand the assumptions and limitations of CVP analysis. C H A P T E R S I N P A R T O N E 1 2 Making Yourself Successful in College Approaching College Reading and Developing a College-Level Vocabulary Approaching College Assignments: Reading Textbooks and Following Directions 3 ✓ Related Resources See pages 000 to 000 of the Annotated Instructor’s Edition for general suggestions related to the chapters in Part One. 1 cor50782_ch01_001-072.indd 1 10/5/09 11:09:2 P A R T I opened U-Develop because I love photography and I wanted to own my own business. I now get to spend most of my day working with employees and customers making sure that the photos they take are the best they can be. It also gives me a chance to encourage younger people who have an interest in photography, because I work with many of the school groups and after-school clubs here in town. That’s the fun part of the job. But I also have to think about the financial side of the business. I need a systematic way to understand...
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...2 Adaptive and Reflective Middleware 2.1 Introduction Middleware platforms and related services form a vital cog in the construction of robust distributed systems. Middleware facilitates the development of large software systems by relieving the burden on the applications developer of writing a number of complex infrastructure services needed by the system; these services include persistence, distribution, transactions, load balancing, clustering, and so on. The demands of future computing environments will require a more flexible system infrastructure that can adapt to dynamic changes in application requirements and environmental conditions. Next-generation systems will require predictable behavior in areas such as throughput, scalability, dependability, and security. This increase in complexity of an already complex software development process will only add to the already high rates of project failure. Middleware platforms have traditionally been designed as monolithic static systems. The vigorous dynamic demands of future environments such as large-scale distribution or ubiquitous and pervasive computing will require extreme scaling into large, small, and mobile environments. In order to meet the challenges presented in such environments, next-generation middleware researchers are developing techniques to enable middleware platforms to obtain information concerning environmental conditions and adapt their behavior to better serve their current deployment. Such capability...
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