employee of defendant. Issue: This appeal raises three issues as to whether (1) the proper forum to consider the dispute is the court or an arbitration panel; (2) plaintiff waived any challenge to the validity of a confidentiality agreement executed in 1995, as distinguished from the confidentiality agreement which is included in defendant's 1996 employee manual; and (3) the confidentiality agreement is an enforceable restrictive covenant Rule: We find that the court is the proper forum to consider
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Ass’N PART I. 1. LEGAL ISSUE--What is the Issue, or legal question, which the court is being asked to decide? (2 points) The Issue is: Is the loan usurious and therefore all interest due under the note to FNMA should be forfeited. Furthermore, under N.C.G.S. § 24-2, the penalty for the defendant should be an award of all interest paid by the plaintiff from March 1985 to the date of court’s order. The court being asked to decide is the North Carolina Supreme Court. 2. LEGAL RULE--What
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Describe the steps in the tax research process. 3. Explain how the facts influence tax consequences. 4. Identify the sources of tax law and assess the authoritative value of each. 5. Consult tax services to research an issue. 6. Apply the basics of Internet-based tax research. 7. Use the citator to assess authorities. 8. Describe professional guidelines that CPAs in tax practice should follow. 9. Prepare work papers and communicate to
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for courts to pursue a detailed analysis to ascertain specific preliminary issues so as to avoid controversial rulings. Courts often handle numerous financial cases that involve what can be best described as foreign or international elements. In such cases, court must decide whether it has the jurisdiction under the Family Law Act 1975 to make a decision on such cases. In the event that it is determined that the court is invested with the jurisdiction to determine the case, the court has to
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PA 499 Unit 5 assignment Case Briefs Debbie McQueen August 30th, 2015 State v. Holm Supreme Court of Utah 137P.3d 726 (2006) Facts: Rodney Holm an active member of the Fundamentalist Church of Jesus Christ of Latter-day Saints, legally married Suzie Stubbs in 1986. He later entered into marriages with Wendy Holm and Ruth Stubbs, Suzie’s 16-year old sister. The marriages to Wendy and Ruth were solemnized in religious ceremonies only and not otherwise registered with the state. Before
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are increasing and the need is as well for investigations of business and financial issues. Forensic Accounting Practices Forensic Accounting has been in exist for many years, today there have been an increase in the need for this type of profession. Forensic accounting is the practice of integration of accounting, auditing and investigative skills. The accountings provide a court with an accounting analysis on the basis for discussion, debate, and dispute resolution. They are trained to look
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FACTS. The plaintiff, the Gurwitts, were bringing to the court the issue of who owned the disputed 17-acre tract of land. The Gurwits sought an action to have the title for the tract quieted in themselves, with the Gruenders as defendants. The Gurwits were using this land for cutting firewood, cleaning up the downed trees and brush along the road, planting plots of food for wildlife on the tract, and also posted "no trespassing" and "no hunting" signs along the road. The Gruenders actually had their
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Now that an analysis has been conducted through Justice Scalia's opinions on the Supreme Court, his writings, and his publicly made statements, the attention can turn towards the reasoning behind his embracement of originalism. As exposed above, the purported search for original meaning that Justice Scalia embraces, leaves no constraint on his ability to make consequential decisions. With little or no constraint, Justice Scalia can make any decision, tracing it back to originalist principles, and
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basis. The Tax Court disallowed such increase in basis. Issues: The issue is whether the shareholder-guarantors should add a pro rata share of the loan to their adjusted basis and deduct operating losses to the extent of the basis. Court holdings: U.S Court of Appeals affirmed the Tax Court decision, concluding that shareholders’ basis in stock wasn’t increased by personal guarantees given as collateral and proportionate shares of NOL was limited to initial investment. Analysis and Discussion:
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different fronts. Due to court cases that are already in progress, there has been suggestion on the extent to which the government or other private firms should carry their surveillance activities. NSA is one of the government firms that have
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