...lots of branches of behavior." basically law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions. The is an answer to many problems in business and society today serving many roles most of them being ethical issues. Law can be categorized into three major categories in relation to business and society which are criminal and civil law, substantive and procedural law and public and private law. Criminal law is the rule through which public obligation of crime are prosecuted by government agencies, while social law is the law through which private parties may bring lawsuits beside one another for real or imagined wrongdoing. E.g. criminal law would deal with the trial of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary reward. Substantive laws are the social rights and duties of people, and procedural law are guidelines through which government bodies or courts deal with breaches in substantive law. E.g. substantive law would state that hitting someone with a car and driving off is a crime, while procedural law would define how the courts could try and sentence in the case Public law is a framework of guidelines defining association between the state and subjects, private law is the guideline through which persons or groups interrelate with one another. E.g. public law has subdivisions that include constitutional...
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...Question One: Explain the difference between substantive and procedural law. Substantive law is the statutory or written law that defines rights and duties of people as they act in society and it deals with the legal relationship between people. Substantive law is an independent set of laws that decide the fate of the case and cannot be applicable in non-legal contexts. So substantive law underlines the essential substance of a trial. Procedural law provides the machinery to enforce the substantive laws on the government bodies. It comprises the rules by which a court hears and determines what happens in civil or criminal proceedings. It deals with the method by which substantive law is made and administered. Procedural law has no independence and can be applicable in non-legal contexts. It only tells how the legal process to be executed by giving a step-by-step action. Question Two: During the discovery phase, the parties resort to the use of interrogatories, depositions, admission requests and document production requests. Briefly define these different discovery tools and explain the purpose for each. Explain the purpose of discovery as you understand it. Interrogatories are a formal set of written questions directed by one litigant and required to be answered by the other party and are used for the purpose of clarifying and narrowing the issues or the facts and help to determine in advance what facts will be presented at trial in the case. Deposition is the oral...
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...Commissioner Of Wealth Tax, ... vs Sharvan Kumar Swarup & Sons on 22 September, 1994 Supreme Court of India Supreme Court of India Commissioner Of Wealth Tax, ... vs Sharvan Kumar Swarup & Sons on 22 September, 1994 Equivalent citations: 1995 ECR 425 SC, 1994 210 ITR 886 SC Author: V . M.N. Bench: M Venkatachaliah, S Agrawal JUDGMENT M.N. Venkatachaliah, CJ. 1. In these appeals and special leave petitions brought up by the Revenue the short but interesting question that arises is whether Rule 1BB of the Wealth Tax Rules, 1957 is a provision which affects and alters the substantive rights or is merely procedural. The further sequential and cognate question is whether the Rule is attracted to all proceedings pending at its enactment. The said Rule 1BB concerns the mode of valuation of house-property wholly or mainly used for residential purposes, for the purposes of ascertaining the net wealth under the Wealth Tax Act. 1957. 2. Section 3 of the Wealth Tax Act is the charging section. It seeks to bring to charge for every assessment year the net wealth on the corresponding valuation date of every individual, Hindu undivided family and company. The expression "net wealth" is defined in Section 2(m) of the Act. Section 2(q) defines the "valuation date". Section 4 enumerates the assets to be included in computing 'net-wealth'. Sections 5 and 6 exempts certain assets in India and outside from being included in computing the net wealth. 3. Section 7 - and this provision is of particular...
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...Laws and procedures are very important to our criminal justice system. Without them there would be no guidance for the choices that are made established by the law. The laws tell the people want they can do and what they should not do. Also, the government follows these laws when someone violates the law it will aid them to seek punishment. But how much power does the government have entailing the law? The government has standards to follow involving criminal law. According to the free dictoray.com it explains “substantive and procedural law are the two main categories within the law” (“Substantive Law”,2008). In fact, the substantive criminal law lets the government know what deeds can be punished and it also identifies a punishment...
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...Substantive unconscionability deals with unfairness in the result of the bargaining process, the contract itself and its terms (Egan, 1993, p.304). Tommy must argue that there is a business necessity for his prices and fees, that his customers are on equal footing during the bargaining process, and the contract itself is fair. Of the three areas that result in a charge, the purchase, the processing fee, and the interests, two are “overly harsh and one sided (Adverse claims and the consumer: Is stop payment protection available, 1972). Although Sally lives in an area that is more likely than not to default on an agreement, Takem’s policies and pre-printed contracts prevent her from bargaining. Individuals with poor credit are charged at...
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...Victims’ Rights and Vengeance My personal stance on the current state of victims’ right in America is that even though rules have been changed in different states to protect the victims’ right there are still some things that need to be improved to help their safety. More should be done to help improve the safety of victims’ and their families from harm. There are so many victims that are unable to voice their words on things they see because they are afraid of something happening to them or their family. I do believe that the 2004 Crime Victims’ Right Acts has been successful because if it was not for Victims’ Right Acts, the victim and family would suffer greatly and victimizing will continue. The right to be reasonably protected from the accused, the right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused has helped victims since 2004 (Justice,2013). In my opinion it is not good to try to get revenge on someone because it can come back and hunt you or hurt you. When someone tries to get revenge back, that person is just as bad as the person who did harm first. Now, when it comes to children being harm by someone it is very hard not to react against the suspect with revenge because you want to see that person pay. Depending on your actions can cause the suspect to get acquitted or cause harm to the family. I do agree with the actions of Survivors Network of those...
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...Substantive due process prohibits the government from intruding on a person’s fundamental constitutional rights. Essentially, substantive due process involves a state’s ability to regulate certain activities. This area of due process allows the courts to protect the rights of people that are not specifically mentioned in the Constitution. Unlike procedural due process, which guarantees laws are valid and impartial, substantive due process stops state and federal governments from passing laws that exceed the authority the government has been granted. Freedom contract refers to the ability of private and public people or organizations to form contracts between themselves without government interference. Freedom of contract was first brought...
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...Substantive Procedures for Asset Irregularities University of Phoenix ACC/556 Substantive Procedures for Asset Irregularities In light of the substantive hurdles created by management at Apollo Shoes, Inc. (the “Company”), as the Auditors of the Company, it is incumbent upon us to develop and audit program to manage and perform the most thorough analyses of the books and records so that we can do a thorough job and offer an opinion on the quality of the financial well-being of the Company. We will analyze the Accounts Receivable, Inventory, and Fixed assets of the company and the following describes the way we will attack this assignment. In the accounts receivable, the sales and billing procedures is a section that should call for its immediate consideration. Accounts receivable fraud usually starts with inaccuracies inside the billing procedure and can be looked at by taking a sample of client accounts receivable records and looking over the original transactions data towards the consumer balances. This procedure will reveal fake clients and receivables intended to make the business financial report stronger. The sales and billing procedure has to be accurate in order for the accounts receivable to be right (Wells, 2011). Another problem when the billing is being rectified is the stealing of the payments obtained on a client’s account. The theft usually happens between numerous client accounts where the first payment is taken and the following client’s payment...
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...Jocelyne Davila Professor Escobar CHS 260 April 5, 2016 Take Home Midterm From Evelyn Nakano Glenn, “Unequal Freedom” Formal vs. Substantive Citizenship – Definition: The term formal citizenship refers to the actual legal status of citizenship. Obtaining that formal citizenship, the person receives a certificate as proof. The term substantive citizenship refers to the acknowledgement of a person’s power to take advantage of the rights of citizenship. The person as a citizen is examining the rights they have. Sociohistorical contextualization: Evelyn Nakano Glenn demonstrates that the lack of a formal citizenship can create various obstacles among people. Having rights in theory is different from being able to exercise them in practice and this is what substantive citizenship is. Basically citizenship is not just a matter of formal legal status, it is a matter of belonging among society, and it requires recognition by people. The author gives examples of how local practices determine substantive citizenship, even without any approval or permission from the state or federal government. Significance: Formal Citizenship is something that benefits people being born in the U.S or have been residents for a long time. Like Glenn mentions its opens doors to various benefits. Now the people have to be aware...
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...Substantive Procedures for Cash Outflow Irregularities Substantive Procedures for Cash Outflow Irregularities Apollo Shoes has recognized that there is a risk of loss due to irregularities in cash outflows, accounts payable, and payroll. Substantive procedures for cash outflows, accounts payable, and payroll are needed to detect irregularities in each of these. Failure to implement appropriate procedures will lead to loss irregularities. Substantive Procedures to Evaluate Cash Irregularities Substantive procedures for detecting irregularities in the cash cycle follow normal audit procedures of testing internal controls over cash and by collecting and evaluating audit evidence are needed. Following instruction set forth by Joe Bootwell, Chief Financial Officer (CFO), Karina Ramirez, Director of Internal Audit, established the following procedures for testing cash irregularities (University of Phoenix, 2013). 1. Cash receipt procedures. Confirm that persons receiving cash are authorized. Evaluate mailroom cash receipt procedures. Confirm that surveillance cameras are recording properly. Confirm pre-numbered receipts are issued. Evaluate procedures for out of sequence receipts. Confirm cash deposits are made by a person other than those approved to receive cash. Confirm deposit reconciliations are made by a person other than the persons receiving and depositing cash. 2. Cash receipts are deposited daily and are in complete (Louwers, et al, 2011)...
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...|[pic] |Syllabus | | |School of Business | | |MGT/431 | | |Human Resource Management | Course Description This course focuses on the strategic role of human resource management, personnel planning and job analysis, personnel selection, performance appraisal, compensation, training, and development from the vantage point of the manager. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly...
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...understanding of internal control (ii) tests of controls (iii) substantive tests: • substantive tests of transactions; • analytical procedures; and • tests of details of balances. assessment of risks of material misstatement at the assertion level includes an expectation that controls are operating effectively. This means that auditors perform tests of controls only when: (i) a system exists; and (ii) the system has controls. The performance of tests of controls is to establish whether those controls in the systems are actually functioning properly and effectively so that the auditors can determine whether or not they can rely upon the controls. Substantive tests Substantive tests (also known as substantive procedures) are procedures designed to test for dollar errors or irregularities directly affecting the correctness of financial statement balances. Auditors perform substantive tests in an audit to detect material misstatement at the assertion level. Substantive tests of transactions emphasize the verification of transactions recorded in the journals and then posted in the general ledger. Analytical procedures emphasize the overall reasonableness of transactions and the general ledger balances. Tests of details of balances consider the closing balances in the general ledger. Auditors perform types (i) and (ii) audit tests to reduce assessed control risk, whereas substantive tests are used to reduce planned detection risk. There...
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...scrapping, a tota Once this code was typed into Rstudio and received the results, the results were downloaded from RStudio into a .csv file. This .csv file was our second piece of data. This .csv file was then combed through by hand removing non-substantive tweets. A decision tree was used to determine if a tweet was substantive or should be removed. The twitter scape was designed to pull all tweets within the date range which resulted in over 8000 tweets. After scanning through the tweets in RStudio, there were several retweets. After noticing the duplicated tweets, we altered the code to exclude RTs. This narrowed down our scrapped tweet count to 2,800. Once the first code was ran on RStudio, the result was over 8,000 tweets. After briefly reading these tweets, there was a lot of repetition of tweets and a marking of “RT” or retweet following each tweet. The code was ran again with a restriction to filter out RT in the scrapping process. This resulted in a list of a little over 2,800 tweets. These tweets were narrowed down based on a Twitter decision tree. Tweets with substantive content, a tweet with words alluding to the criminal justice system, were kept and those without substantive content were deleted. Some non-substantive content tweets would be a tweet with only hashtags, or someone simply stating they were watching the...
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...8.3: Burlingham Bees Using Analytical Procedures as Substantive Tests Using Analytical Procedures as Substantive Tests 1. The requirements related to developing an expectation and conducting analytical procedures when those procedures are intended to provide substantive evidence is provided by the reorganized Audit Standard 2305 Substantive Analytical Procedures effective December 31, 2016 in the following list: a. “Analytical procedures are an important part of the audit process and consist of evaluations of financial information made by a study of plausible relationships among both financial and nonfinancial data. Analytical procedures range from simple comparisons to the use of complex models involving many relationships and elements of data. A basic premise underlying the application of analytical procedures is that plausible relationships among data may reasonably be expected to exist and continue in the absence of known conditions to the contrary. Particular conditions that can cause variations in these relationships include, for example, specific unusual transactions or events, accounting changes, business changes, random fluctuations, or misstatements (Public Company Accounting Oversight Board, AS 2305.02).” b. “Analytical procedures are used as a substantive test to obtain evidential matter about particular assertions related to account balances or classes of transactions. In some cases, analytical procedures can be more effective or efficient...
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...gain an understanding of the internal control system (Ch. 10). This includes sufficient documentation and inquiries, as well as a walk-through to support the understanding. 3. Types of Tests - there are four types of further audit procedures auditors perform after performing risk assessment procedures: | | |Relation to | | | |Risk Model | |Test |Name |CR |PDR | |TOC |Tests of Controls |X | | |STOT |Substantive Tests of Transactions |X |X | |AP |Analytical Procedures | |X | |TODB |Tests of Details of Balances |...
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