...in the state of Denial name Tanya Trucker is not content with the extra cost this law inflicts on her company. Her intentions are to file a suit against the State of Confusion to turn over the law. In Tanya Trucker case versus the State of Confusion, the United States District Court should have the authority over the suit. This law clashes with the Commerce Clause that legalizes divided highway business, so this case should be heard in U.S. District Court. The District Courts listen to cases involving federal issues and this law hinders the actions that influence legalizes divided highway business are federally mandated. The Supremacy Clause establishes that the Federal Constitution, treaties, federal laws, and federal regulations are the supreme of the land (Cheeseman, 2010). The Commerce Clause gives the federal government the authority to regulate interstate commerce (Cheeseman, 2010).Given that the trucks pass through Confusion this falls under the interstate commerce regulation. This law honestly and significantly clashes with the national administration’s power to mandate an action that involves interstate commerce in Confusion state law imposes is unlawful, unauthorized, and illegal....
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...State of Confusion The example given for this week’s assignment states that 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 manufactured by only one manufacturer in Confusion. The result of this statute is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nation’s highways. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against Confusion to overturn the statute (Anderson, 2011). The following research will explain the stages of a civil suit, determine what court will have jurisdiction over Tanya Trucker’s lawsuit and why, whether the statute that the state of Confusion enacted is constitutional, what constitutional provisions support the statute, and if Tanya is likely to prevail in her suit. To begin, the stages of a civil lawsuit include the making of an informal demand. For example, Suzy has a problem with the way Jack is handling an issue so she asks Jack to change the way he is doing so. If Jack refuses, then Suzy may seek an attorney to send Jack a more formal demand to try and resolve the issue. If Jack still refuses, then Suzy’s lawyer will serve jack with an official demand. If Jack...
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...though Jurisprudence * The natural law school * Legal positivism * The historical school * Legal realism, sociological school 4. Classifications of law 1) Substantive law & Procedural law 2) Civil law & Criminal law 3) National law & International law Chapter Two: Constitutional Law 1. The constitutional powers of government 1) Federal form of government: national government and the states share sovereign power. 2) Separation of powers: a system of checks and balances * Legislative branch * Executive branch * Judicial branch 3) The commerce clause * State regulatory power – police power * “dormant” commerce clause – negative aspect of commerce clause: the states do not have the authority to regulate interstate commerce (positive aspect: national government has the exclusive authority to regulate commerce that substantially affects trade and...
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...Hunter's Lessee * →A Virginia citizen willed his Virginia land to his nephew, P, a British subject and resident of England. Virginia, according to state law, had the right to confiscate land owned by British subjects and did so. Virginia granted this land to D, who then ejected P from the land. But, the treaties of 1783 and 1794 with Great Britain had anti-confiscation laws saying that the states won’t take the land of British citizens. Supreme Court exerted its authority to review the Virginia court's judgment and held that Supremacy Clause declares that the Federal interpretation will trump the States interpretation) * Cohens v. Virginia * →SC upheld its jurisdiction to review the validity of state laws in criminal proceedings) * →Judicial Excusivity * ROL→ It is exclusively the court's duty to interpret the constitution and say what the law is; Supremacy Clause makes the Constitution the Supreme...
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...United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. The first section of the amendment is pretty cut and dry: the 18th Amendment, the prohibition of alcohol, is repealed and no longer in effect. This was done to reverse the negative effects prohibition had on society at the time. The second section is a little more ambiguous and harder to define due to possible conflict with the Commerce Clause-more specifically the dormant Commerce Clause. Because of this, there have been many different interpretations of this section, especially by the Supreme Court. In 2005, the Court decided that States must hold in-state and out-of-states to the same level, and offered their most limited interpretation of Section 2...
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...generally accept that as a country, America was founded on religions principals. Many of the writings of the founding fathers, including our own Declaration of Independence, include religious doctrine as not only the partial justification for our separation from mother England but also as a part of the vision of how our new nation would be successful. Over time, our society and culture have changed so that today, even though people claim to be religious, religion is certainly not as main stream in our culture as it once was. By better understanding our society in colonial America, how the denominational makeup of churchgoers has changed, how our legal system has both protected and not protected religion’s presence in our daily lives, the influence of different organizations and social movements on religious practices and perceptions, the change in how Christians are perceived and finally the changes in the message that the church is preaching the reader will be able to understand not only how America has changed but also how contemporary Christian leaders and organizations are trying to remain relevant and consistent with God’s word. Colonial America & Our Founding Fathers From the settling of our nation to the Revolutionary War, religion was much more a part of mainstream society. The pervasive nature of religion had an impact on those who led the fight for our freedom. The period of history leading up to the Revolutionary War is commonly referred to as the Great Awakening...
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...[Enter Document Title] Foundations of the U.S. Legal System Prof. William Ewald Contributors Wim De Vlieger Suvitcha Nativivat Alasdair Henderson Ana Carolina Kliemann Alexey Kruglyakov Rafael A. Rosillo Pasquale Siciliani Paul Lanois Gloria M. Gasso Kamel Ait El Hadj Yuanyuan Zheng Ana L. Marquez Pumthan Chaichantipyuth Wenzhen Dai Penn Law Summer 2006 I. Introduction and Historical Background A. What the course will cover? This is not an introductory course. You are all lawyers; I shall assume a good deal of professional expertise, and that many of you already have a body of knowledge about American law. The task: prepare you for the coming year, give you the basic grounding that you will need for the courses you are going to start taking in September. For this, you need two things: ♥ A great deal of basic factual information about how the courts and the legal system function, and about basic legal concepts (and legal vocabulary); ♥ But more importantly: background information about some of the critical ways in which the American legal system is unique, and differs from legal systems elsewhere in the world. This is hard: often you will find that your professors or fellow‐students will make assumptions or presuppose certain ways of doing things that aren’t explained in class. A large goal of this course is to explain those assumptions...
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...Alcohol regulations. Europe, USA, Russia Introduction. Within my work I am going to review part of the countries’ legislation related to the existing alcohol regulations and existing polices, conventions and its development plans. Analysis will be based on the samples of different countries: Russia, EU (different countries) and United States. There are different areas of the existing alcohol regulations: risky environments, tax and prices, market restrictions and marketing control. All of them are more or less affecting business activities in different aspects. Applicability of this report: There are a lot of different types of businesses strongly dependent on alcohol sales or alcohol production worldwide. Moreover there are a lot of international corporations which has core business linked to operations with alcohol. To be able to operate their business on the different markets they have to consider different alcohol regulation in different countries in their business models before making market enter decision and follow existing rules and respective policies updates in daily operations. The examples of this business could be: 1. Producers or importers of alcohol beverages or cosmetic. Examples of corporations - Heineken, Diageo. Strong dependency of core business on alcohol regulation 2. Distributors of alcohol beverages or cosmetic within the country. Strong dependency of core business on alcohol regulation 3. Café, bars and restaurants...
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...coporateCompanies Act, 2013 Key highlights and analysis Significant changes and implications Companies Act, 2013 1 Contents 04 | Introduction 06 | Key definitions and concepts 10 | Setting up of a company 16 | Management and administration 18 | Directors 24 | Accounts and audit 30 | Dividend 32 | Compromises, arrangements and amalgamations 34 | Revival and rehabilitation of sick companies 36 | Corporate social responsibility 38 | Implications on private companies 40 | Other areas 44 | Sections notified till date and circulars or orders issued Foreword The long-awaited Companies Bill 2013 got its assent in the Lok Sabha on 18 December 2012 and in the Rajya Sabha on 8 August 2013. After having obtained the assent of the President of India on 29 August 2013, it has now become the much awaited Companies Act, 2013 (2013 Act). An attempt has been made to reduce the content of the substantive portion of the related law in the Companies Act, 2013 as compared to the Companies Act, 1956 (1956 Act). In the process, much of the aforesaid content has been left, ‘to be prescribed’, in the Rules (340+) which are yet to be finalised and notified. As of the date of this publication, 99 sections have been notified and a few circulars have been issued clarifying the applicability of these. We are pleased to bring you our new publication, Companies Act, 2013: Key highlights and analysis. This publication brings out the significant changes proposed by the 2013 Act as compared to the...
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...Second career Self-employment and becoming an entrepreneur as a second career for dependent employees The responsibility for the contents of this report lies with EIM. Quoting numbers or text in papers, essays and books is permitted only when the source is clearly mentioned. No part of this publication may be copied and/or published in any form or by any means, or stored in a retrieval system, without the prior written permission of EIM. EIM does not accept responsibility for printing errors and/or other imperfections. Contents 1 Theoretical framework 7 1.1 Introduction 7 1.2 The transition process: Heuristical tool 8 1.3 Differences between start-ups: Dependent employee versus other types 10 1.4 Demarcation 11 1.5 Contents of the report 12 2 Entrepreneurship in the EU 15 2.1 Facts and figures 15 2.2 Entrepreneurs in the EU 20 2.3 Previous experience of starting entrepreneurs in the EU 24 3 Synthesis 31 3.1 Introduction 31 3.2 Legal definition of self-employed 31 3.3 General requirements related to start-ups 33 3.4 Financing the start-up of a business 34 3.5 Insolvency and seizure procedures 35 3.6 Social security systems in general 35 3.7 Social security: Unemployment 36 3.8 Social security: Sickness 39 3.9 Social security: Disability 40 3.10 Social security: Medical costs 40 3.11 Social security: Old age 41 3.12 Social...
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...STRICTLY PRIVATE AND CONFIDENTIAL Serial No. NNNNNNNNNN UNITED GROWTH BERHAD (Company No. 739648-W) Islamic Medium Term Notes pursuant to an Islamic Medium Term Notes Programme of RM2.2 billion under the Shariah principle of Musharakah Joint Lead Arrangers and Joint Lead Managers CIMB Investment Bank Berhad HSBC Amanah Malaysia Berhad (Company No: 18417-M) (Company No: 807705-X) 13 June 2012 IMPORTANT NOTICE Responsibility Statements This Information Memorandum has been approved by the directors of United Growth Berhad (Company No: 739648-W) (“UG” or “Issuer”) and UEM Group Berhad (Company No: 6551-K) (“UEM” or “Obligor”) and UG and UEM accept full responsibility for the accuracy of the information contained in this Information Memorandum. UG and UEM, after having made all reasonable enquiries, confirm that this Information Memorandum contains all information with respect to UG and UEM which is material in the context of the Islamic medium term notes programme of RM2.2 billion (“Programme”) and the offering of the Islamic medium term notes (“Sukuk”) under the Programme. The opinions and intentions expressed in this Information Memorandum in relation to UG and UEM are honestly held, have been reached after considering all relevant circumstances and are based on reasonable assumptions and there are no other facts in relation to UG and UEM or the Programme the omission of which would, in the context of the Sukuk issue, make any statement...
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...YTL CORPORATION BERHAD 92647-H the journey continues... annual report 2013 C o n t en ts Corporate Review Financial Highlights Chairman’s Statement Managing Director’s Review Operations Review Corporate Events Notice of Annual General Meeting Statement Accompanying Notice of Annual General Meeting Corporate Information Profile of the Board of Directors Statement of Directors’ Responsibilities Audit Committee Report Statement on Corporate Governance Statement on Risk Management & Internal Control Analysis of Shareholdings Statement of Directors’ Interests Schedule of Share Buy-Back List of Properties Directors’ Report Statement by Directors Statutory Declaration Independent Auditors’ Report Income Statements Statements of Comprehensive Income Statements of Financial Position Statements of Changes in Equity Statements of Cash Flows Notes to the Financial Statements Supplementary Information – Breakdown of Retained Earnings into Realised and Unrealised Form of Proxy 2 4 8 10 24 38 42 43 44 49 50 54 58 62 64 68 69 72 84 84 85 87 88 89 91 94 97 234 Financial Statements YTL CORPORATION BERHAD 92647-H FINANCIAL HIGHLIGHTS 2013 Revenue (RM‘000) Profit Before Taxation (RM‘000) Profit After Taxation (RM‘000) Profit for the Year Attributable to Owners of the Parent (RM‘000) Total Equity Attributable to Owners of the Parent (RM’000) Earnings per Share (Sen) Dividend per Share (Sen) Total Assets (RM‘000) Net Assets per Share (RM) 19,972,948 2,313,389 1,845...
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...jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—13 REGISTERED NO. DL—(N)04/0007/2003—13 vlk/kkj.k EXTRAORDINARY Hkkx II— [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 27] ubZ fnYyh] 'kqØ okj] vxLr 30] 2013@Hkknzizn 8] 1935 ¼'kd½ No. 27] NEW DELHI, FRIDAY, AUGUST 30, 2013/BHADRAPADA 8, 1935 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) ———— New Delhi, the 30th August, 2013/Bhadrapada 8, 1935 (Saka). The following Act of Parliament received the assent of the President on the 29th August, 2013, and is hereby published for general information:— THE COMPANIES ACT, 2013 (NO. 18 OF 2013) [29th August, 2013.] An Act to consolidate and amend the law relating to companies. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Companies Act, 2013. (2) It extends to the whole of India. (3) This section shall come into force at once and the remaining provisions of this Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Short title, extent, commencement and application. 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— ...
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...INTERNSHIP REPORT ON Marketing practices and policies of Al-Arafah Islami Bank Ltd. Rawnak Jamal Adnan. ID: 07882795 Department of Marketing, Jagannath University . To, Mr.Md.Mahathy Hassan Jewel Lecturer Department of Marketing Jagannath University, Dhaka Letter of Transmittal 15th October, 2012 Supervisor Mr.Md.Mahathy Hassan Jewel Lecturer Department of Marketing Jagannath University, Bangladesh. Subject: Submission of the internship working report. Dear Sir, With great pleasure I have prepared this Internship Report on Al-Arafah Islami Bank Ltd. Hopefully this report will provide you a good insight about the marketing practice in bank’s activities. It was a wonderful experience working on this report. I would, therefore, thank you for giving me the opportunity to undertake the preparation of this report. I am grateful for your kind co-operation and immense support. To prepare this report I have tried my best to accumulate relevant information from all available sources. Thanking you once again. Rawnak Jamal Adnan ID No: 07882795 Session: 2007-2008(2ND batch) BBA, Department of Marketing AL-ARAFAH ISLAMI BANK LIMITED Banani Branch, 16 Kamal Ataturk Avenue, Dhaka. Phone: 9822250...
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...KFC HOLDINGS (MALAYSIA) BHD 65787-T 1 KFC Holdings (Malaysia) BHd (65787-T) annual Report 2011 annual Report 2011 after 38 years of ‘Finger lickin’ good’, we have changed our tagline to simply ‘so good’. ‘so good’ reflects our commitment to product, place, people, price and promotion. ‘so good’ is that great experience of a good meal shared between family and friends. at KFC, it is all about building a brand that brings people together and creates that ‘so good’ moments. Thus, the choice of the cover illustrates ‘so good’ which is what the brand is all about. KFC Holdings (Malaysia) BHd (65787-T) annual Report 2011 2 Contents Shareholders’Overview Financial Highlights 6 notice of annual general Meeting 9 statement accompanying notice of annual general Meeting 14 Our Performance in 2011 Corporate statement 18 Review of operations 32 Reliable Corporate Citizen Corporate social Responsibility 48 The Corporation Board of directors 60 Top Management Committee 76 Head of division 77 shariah advisory Council 80 Corporate information 81 group structure 82 Accountability Corporate governance statement 84 audit Committee Report 93 statement on internal Control 97 additional Compliance information 100 Financial Statements directors’ Report 127 statements of Financial Position 131 statements of Comprehensive income 132 Consolidated statement of Changes in Equity 133 statement of Changes in Equity 135 statements of Cash Flows 137 notes to the Financial...
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