...http://0-www.lexisnexis.com.library.ggu.edu/lnacui2api/delivery/Print... 1 of 1 DOCUMENT MATTCO FORGE, INC., Plaintiff and Respondent; MATEO MINGUEZ, Plaintiff and Appellant, v. ARTHUR YOUNG & COMPANY et al., Defendants and Appellants. No. B087488. COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE 52 Cal. App. 4th 820; 60 Cal. Rptr. 2d 780; 1997 Cal. App. LEXIS 89; 97 Cal. Daily Op. Service 948; 97 Daily Journal DAR 1354 February 7, 1997, Decided SUBSEQUENT HISTORY: [***1] The Name of this Case has been Corrected February 26, 1997. Review Denied April 30, 1997, Reported at: 1997 Cal. LEXIS 2448. PRIOR HISTORY: APPEAL from a judgment of the Superior Court of Los Angeles County. Super. Ct. No. C731746. Dion G. Morrow, Judge. DISPOSITION: The judgment is reversed as to Mattco's award of damages, except the portion that awarded Mattco out-ofpocket-expenses and interest thereon, which is affirmed. CASE SUMMARY: PROCEDURAL POSTURE: Appellant accounting firm sought review of the judgment from the Superior Court of Los Angeles County (California), which found in favor of respondent client in jury verdicts on respondent's malpractice action following the trial court's ruling that to establish liability and damages respondent needed to show only that appellant caused respondent to suffer harm and that respondent's underlying action had value. OVERVIEW: Respondent client filed a malpractice suit against appellant accounting firm, alleging...
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...in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101. (b) Definitions. In these rules: (1) “civil case” means a civil action or proceeding; (2) “criminal case” includes a criminal proceeding; (3) “public office” includes a public agency; (4) “record” includes a memorandum, report, or data compilation; (5) a “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information. RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Not Needing to Renew an Objection or Offer of Proof. Once the court rules definitively...
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...……………………………………………………………………………………16 Abstract Affirmative action has been the topic of some debate because people wonder if it has outlived its usefulness. It is a very controversial topic. This paper will address this issue, is affirmative action still needed in today’s world? This paper will tell what affirmative action is, the history, the legal history of it, the people for it, the people against it, the benefits of affirmative action, the cons of affirmative action, and finally how I feel about affirmative action What is Affirmative Action? Affirmative action is only applied to those who have 15 or more employees, or a government contract of fifty or more employees or a contract over $50,000. The following summary describes affirmative action: Born of the civil rights movement three decades ago, affirmative action calls for minorities and women to be given special consideration in employment, education and contracting decisions. Institutions with affirmative action policies generally set goals and timetables for increased diversity – and use recruitment, set-asides and preference as ways of achieving those goals. In its modern form, affirmative action can call for an...
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...NEW YORK UNIVERSITY SCHOOL OF LAW JOURNAL OF INTERNATIONAL LAW AND POLITICS GUIDE TO FOREIGN AND INTERNATIONAL LEGAL CITATIONS FIRST EDITION ● 2006 © Copyright 2006 by New York University Contents FORWARD AND GENERAL INSTRUCTIONS................................................................................................. xiii ACKNOWLEDGEMENTS ......................................................................................................................................xv COUNTRY CITATION GUIDES ARGENTINA...............................................................................................................................................................1 I. COUNTRY PROFILE ..................................................................................................................................1 II. CITATION GUIDE.......................................................................................................................................2 1.0 CONSTITUTION...................................................................................................................................2 2.0 LEGISLATION......................................................................................................................................2 3.0 JURISPRUDENCE ................................................................................................................................3 4.0 BOOKS .....................................
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...past a few decades, executive pay has risen dramatically in the United States. As of 1960, the average CEO at a large corporation made approximately $190,000 (equivalent to approximately $1.3 million today). The 1990s saw one of the greatest wealth transfers in history, as CEO pay skyrocketed. S&P companies CEO pay went from 1993 average of $3.7 to $17.4 million in 2000 [1]. In 2010 the highest paid CEO was Viacom's Philippe P. Dauman at $84.5 million in 9 months [2]. Motorola CEO, Sanjay Jha, pay package rose to $47 million in 2011, almost four times of his 2010 pay about $13 million [3]. As CEO compensation continues to soar while workers’ pay stalls, today, the average CEO makes 411 times more than the average worker (Figure 1). The explosion in executive pay has become controversial and criticized. The idea that stock options and other alleged pay-for-performance are driven by economics has also been questioned. Figure 1. Ratio of average CEO Pay to average production worker compensation in America Observers differ as to whether this rise is a natural and beneficial result of competition for scarce business talent that can add greatly to stockholder value in large companies, or a socially harmful phenomenon brought about by social and political changes that have given executives greater control over their own pay. "Today the idea that huge paychecks are part of a beneficial system in which executives are given an incentive to perform well has become something of a sick...
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...- DRAFT - International Dimensions of Ethics Education in Science and Engineering Case Study Series Bhopal Plant Disaster – Situation Summary by MJ Peterson Revised March 20, 2009 During the night of 2-3 December 1984, a leak of some 40 tons of methyl isocyanate (MIC) gas mixed with unknown other gasses from a chemical plant owned and operated by Union Carbide (India) Limited, a partly-owned subsidiary of the US-based Union Carbide Corporation, caused one of the highest-casualty industrial accidents of the 20th century. At least 2000 people died immediately and another 200,000 to 300,000 suffered respiratory and other injuries of varying severity. Property damage consisted mainly of contamination to nearby areas by various chemical residues. The defoliation of trees immediately afterward is clearly attributable to the gas leak; contamination in the nearby settlements may have multiple sources, the contamination of the plant site resulted from many years of general production activity. India’s Economic Ambitions When India attained independence from Great Britain in 1947, its new political leaders wanted to make the country wealthier by encouraging development of modern industry. It had strong support from the citizens, who generally agreed that India’s current lack of industrialization and economic development were the result of these colonial-era policies. Thus the new government could expect widespread support for any policy that appeared to set the country...
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...foreclosure of a mortgage of a furniture factory with a large number of machinery and equipment. During the pendency of the foreclosure suit, Joaquin learned from reliable sources that Jose was quietly and gradually disposing of some of his machinery and equipment to a businessman friend who was also engaged in furniture manufacturing such that from confirmed reports Joaquin gathered, the machinery and equipment left with Jose were no longer sufficient to answer for the latter’s mortgage indebtedness. In the meantime judgment was rendered by the court in favor of Joaquin but the same is not yet final. Knowing what Jose has been doing. If you were Joaquin’s lawyer, what action would you take to preserve whatever remaining machinery and equipment are left with Jose? Why? (5%) SUGGESTED ANSWER: To preserve whatever remaining machinery and equipment are left with Jose, Joaquin’s lawyer should file a verified application for the appointment by the court of one or more receivers. The Rules provide that receivership is proper in an action by the mortgagee for the foreclosure of a mortgage when it appears that the property is in danger of being wasted or dissipated or materially injured and that its value is probably insufficient to discharge the mortgage debt. (Sec. 1 of Rule 59). 2001 GEN TOPIC: WRIT May a writ of preliminary attachment be issued ex-parte? Briefly state the reason(s) for your answer. (3%) SUGGESTED ANSWER: Yes, an order of attachment may be issued ex-parte or upon motion...
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...Case 1: Specific Performance Remedy Denied on Equity Standard Campbell Soup Co. v. Wentz et. al. UNITED STATES COURT OF APPEALS THIRD CIRCUIT 172 F.2d 80 (1949) OPINION BY: GOODRICH The transactions which raise the issues may be briefly summarized. On June 21, 1947, Campbell Soup Company (Campbell), a New Jersey corporation, entered into a written contract with George B. Wentz and Harry T. Wentz, who are Pennsylvania farmers, for delivery by the Wentzes to Campbell of all the Chantenay red cored carrots to be grown on fifteen acres of the Wentz farm during the 1947 season . . . The contract provides . . . for delivery of the carrots at the Campbell plant in Camden, New Jersey. The prices specified in the contract ranged from $23 to $30 per ton according to the time of delivery. The contract price for January 1948 was $30 a ton. The Wentzes harvested approximately 100 tons of carrots from the fifteen acres covered by the contract. Early in January 1948, they told a Campbell representative that they would not deliver their carrots at the contract price. The market price at that time was at least $90 per ton, and Chantenay red cored carrots were virtually unobtainable. The Wentzes then sold approximately 62 tons of their carrots to . . . Lojeski, a neighboring farmer. Lojeski resold about 58 tons on the open market, approximately half to Campbell and the balance to other purchasers. On January 9, 1948, Campbell, suspecting that Lojeski was selling it "contract carrots," refused to...
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...Law 252 Business Torts — Week One Course Reading Assignment 1 Part One: The "borderland" between tort and contract. Sommer v, Federal Signal Corp., 79 N.Y.2d 540 (1992); IKEA North American Services, Inc. v. Northeast Graphics, Inc., 56 F.Supp.2d 340 (S.D.N.Y. 1999). Part Two: Introduction to the economic loss doctrine. Grams v. Milk Products, Inc., 283 Wis.2d 511 (2005). ' I have edited the cases in this attachment. Le • ' 593 N.E.2d 1365 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S2d 957 • (Cite as: 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S.2d 957) Page I .'Sommer v. Federal Signal Corp. N.Y.,1992. Court of Appeals of New York. Beverly SOMMER et al., Respondents-Appellants, v. FEDERAL SIGNAL CORPORATION et Respondents-Appellants, andHohnes Protection, Inc., Appellant-Respondent, et al, Defendant (And a Third-Party Action and All Related Consolidated Actions.) May 12,1992. OPINION OF THE COURT KAYE, Judge. substitute-initially understood that 810 wanted normal service restored. But as the brief conversation proceeded, the dispatcher became confused by the caller's repeated insistence that he would "activate" the system and the dispatcher concluded-without attempting to elicit greater clarification from the caller, or any other confirmation-that 810 wanted its system taken out ofservice. Seven to nine minutes later, Holmes began receiving fire signals from the building. However, consistent with his mistaken impression that the system was to be taken out...
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... OF THE STATE OF GEORGIA TABLE OF CONTENTS ARTICLE I. Bill of Rights ... ........................................................... 1 ARTICLE II. Voting and Elections ... ............................................ 8 ARTICLE III. Legislative Branch ... ............................................ 2 1 ARTICLE IV. Constitutional Boards and Commissions . 28 ARTICLE V. Executive Branch ... ................................................ 2 3 ARTICLE VI. Judicial Branch ... ................................................. 6 3 ARTICLE VII. Taxation and Finance ... ..................................... 5 4 ARTICLE VIII. Education ... .......................................................... 9 5 ARTICLE IX. Counties and Municipal Corporations ... ........ 6 . 6 ARTICLE X. Amendments to the Constitution ... .................... 1 8 ARTICLE XI. Miscellaneous Provisions ... ................................ 3 . 8 CERTIFICATE GEORGIA, FULTON COUNTY This is to certify that, pursuant to the provisions of Article XI, Section I, Paragraph V of the proposed new Constitution of the State of Georgia, the undersigned, who constitute the entire membership of the Commission created by said Paragraph, have performed the duties prescribed in said Paragraph and have incorporated the separate amendment referred to in said Paragraph into the Constitution which is attached. The undersigned further certify that the attached document is being delivered to the Secretary of State and...
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...| SYMBIOSIS CENTRE FOR MANAGEMENT & HUMAN RESOURCE DEVELOPMENT [Constituent of SYMBIOSIS INTERNATIONAL UNIVERSITY (SIU)] (Established under Section 3 of the UGC Act 1956, by notification No.F.9-12/2001 – U.3 of the Government of India) (Accredited by NAAC with ‘A’ Grade) ------------------------------------------------- Study of arbitration, dispute resolution and mitigation practices in Indian Infrastructure Sector MBA – Infrastructure Management Batch 2013-15 Semester III Thesis Guide: Dr. Ajit Patwardhan Prepared by: Name | Roll No. | Jasjeet Singh Gill | 2013D02 | Subhashini N. | 2013D17 | Acknowledgement We consider it our privilege to express a few words of gratitude and respect to all those who contributed and wished for the successful completion of our project. We express our deep felt gratitude to Prof. (Dr.) Pratima Sheorey - Director, SCMHRD and college management for providing us with all facilities for making this endeavour possible. We acknowledge with a deep sense of gratitude, the constant help and guidance provided by our thesis guide and faculty Prof. (Dr.) Ajit Patwardhan at all stages of our project work. He has been an eternal source of inspiration and knowledge, without him, this thesis, was impossible. We would like to express our thanks in no less measure to Prof. Vasundhara Sen for her constant help. Our sincere thanks to our friends and all the people who directly or indirectly helped us, without which completing...
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...20. People v. Relova Facts: 5 Feb 1, 1975 - Police searched the ice plant owned by Opulencia; they discovered electric wiring, devices and contraptions had been installed without necessary authority from city govt 6 Nov 24, 1975 - Asst. City Fixcal filed info against Opulencia for violation of a city ordinance which prohibits unauthorized wiring installations. 7 Opulencia pleaded not guilty and filed motion to dismiss on the ground that the crime had alrdy prescribed (offense charged was a light felony w/c prescribes 2 mos from discovery thereof.) 8 Lower court dismissed the case 9 Acting City Fiscal filed another info for theft of electric power 10 Opulencia filed Motion to Quash upon the ground of double jeopardy 11 Judge Relova granted motion and dismissed the case. 12 Motion for Recon denied, hence this appeal Issue: WON there was double jeopardy Ratio Decidendi: A person who was charged for violating a city ordinance for having installed a metering device to lower his electric bills which was dismissed for prescription of the offense may not be charged again for theft of electric power under the RPC Reasons: 13 The second sentence of Art. IV Sec. 22 embodies an exception to the gen. Proposition: the consti protection, against double jeopardy is available although the prior offense charged under an ordinance be different from the offense charged subsequently under a national statute such as the RPC, provided that both offenses spring from the same act...
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...essential to business activities. B1. An important function of the law is to provide jurisprudence. A2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. B2. How judges apply the law to specific disputes may depend in part on their personal philosophical views. A3. The basis for the U.S. legal system is natural law. B3. A judge’s view of the law is of little importance in a common law legal system. A4. Constitutional law includes only the U.S. Constitution. B4. Congress can only pass legislation that falls within the limits set up by the U.S. Constitution. A5. A state constitution is supreme within the state’s borders. B5. The U.S. Constitution is the supreme law of the United States. A6. Whether a law is constitutional depends on its source. B6. Each state has its own constitution. A7. Uniform laws apply in all states, including those in which the laws have not been adopted. B7. The Federal Trade Commission developed the Uniform Commercial Code. A8. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. B8. State agency regulations take precedence over conflicting federal agency regulations. A9. Statutory law does not include county ordinances. B9. Common law is a term for the...
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...MULTISTATE CORPORATE TAX COURSE John C. Healy | Michael S. Schadewald 2014 EDITION CPE CoursE! BONUS Earn CPE Credit and stay on top of key Multistate Corporate Tax issues. Go to CCHGroup.com/PrintCPE 2014 EDITION MULTISTATE CORPORATE TAX COURSE John C. Healy | Michael S. Schadewald ii Contributors Authors ........................................................... John C. Healy, MST, CPA Michael S. Schadewald, PhD, CPA Technical Review ....................................................... Sharon Brooks, CPA Production Coordinator ................................................... Gabriel Santana Production ......................................................................... Lynn J. Brown Layout & Design..................................................................Laila Gaidulis This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. © 2013 CCH Incorporated. All Rights Reserved. 4025 W. Peterson Ave. Chicago, IL 60646-6085 800 344 3734 CCHGroup.com No claim is made to original government works; however, within this Product or Publication, the following are subject to CCH’s copyright: (1) the gathering, compilation...
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...MEANING, CHARACTERISTICS AND TYPES OF A COMPANY INTRODUCTION Industrial has revolution led to the emergence of large scale business organizations. These organization require big investments and the risk involved is very high. Limited resources and unlimited liability of partners are two important limitations of partnerships of partnerships in undertaking big business. Joint Stock Company form of business organization has become extremely popular as it provides a solution to overcome the limitations of partnership business. The Multinational companies like Coca-Cola and, General Motors have their investors and customers spread throughout the world. The giant Indian Companies may include the names like Reliance, Talco Bajaj Auto, Infosys Technologies, Hindustan Lever Ltd., Ranbaxy Laboratories Ltd., and Larsen and Tubro etc. 1.2 MEANING OF COMPANY Section 3 (1) (i) of the Companies Act, 1956 defines a company as “a company formed and registered under this Act or an existing company”. Section 3(1) (ii) Of the act states that “an existing company means a company formed and registered under any of the previous companies laws”. This definition does not reveal the distinctive characteristics of a company . According to Chief Justice Marshall of USA, “A company is a person, artificial, invisible, intangible, and existing only in the contemplation of the law. Being a mere creature of law, it possesses only those properties which the character of its creation of its creation confers...
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