III BRIEF STATEMENT OF MATERIAL FACTS Ms Chadwick, 21 and Mr Allen, 28 were in a relationship and on 10 March 2007 they departed from their home in Adelaide along with Ms Chadwick’s 5 year old daughter for a trip to the Yorke Peninsula (para 8, 9). Ms Chadwick was at least 9 weeks pregnant at the time (8). The group met up with Mr Martlew, a friend of Mr Allen and his children the following day and continued on in Mr Martlew’s vehicle (9). Throughout the day on 11 March 2007, Mr Allen and Mr Martlew consistently consumed alcohol until the early hours of 12 March 2007(10, 13). Ms Chadwick took over as the designated driver as she was pregnant and sober and they arrived later that day in Port Victoria (11).…
Introduction Manufacturing companies, like Hampshire Company, rely on the costing data provided by various costing methods to determine financial successes and downfalls. “By tracking and categorizing this information according to a rigorous accounting system, corporate management can determine with a high degree of accuracy the cost per unit of production and other key performance indicators” (Kucera 2018). Therefore, Hampshire Company has requested that I calculate how traditional and activity-based costing impact the company’s operating income. In addition, Hampshire Company has requested that I research and alternative costing method and decide whether or not it should be implemented (Kucera 2018).…
There is no doubt about the fact that Richard’s conviction should be overturned under Chapter 623. Chapter 623 allows for an individual to prosecute a writ of habeas corpus based on two main factors. The first factor involves if whether or not, the original expert (prosecutor’s side) repudiated his original statement. The second factor pertains to the later scientific research or technological advances, which could serve to undermine the original expert’s…
of a fiduciary relationship. The Court of Appeals in Hunter favorably cited the Terry case as an instructive example regarding the sufficiency of allegations: Terry [v. Terry, 302 N.C. 77, 273 S.E.2d 674 (1981)] is instructive on the sufficiency of allegations. Terry involved a defendant who took advantage of his dying brother by inducing him to sell his portion of a business at an inadequate price. The complaint was sufficient because it described the family relationship, the business dealings between the two and the increased role the defendant had near his brother's death. Terry, 302 N.C. at 86, 273 S.E.2d at 679.…
The Human Resource’s Director as an T.B.Butler Publishing Company’s agent did not act legitimately within the scope of her duty but used the corporate power improperly “ conflict of interest-motivation-personal immaterial gain” . See Metcoff V. Lebovics, 123 Conn. App. 512, 521, 2 A 3d. 942, 948 (Conn. App Ct. 2010).…
A) The complete title and citation for the case. Griswold v Connecticut (No. 496), 381 U.S. 479 B) Explain which court decided this case. The Supreme Court of the United States decided this case.…
Trinity Industries is a successful and properly operating company who never had to restate their earning from previous years. However, Don Collum VP of Trinity Industries, had described the company in 2003 as a candidate for material weakness as defined by Sarbanes-Oxley Act (SOX). The company was deficient in internal control process in the area of documentation and evidence that controls had been performed which could lead to material weakness. Sarbanes-Oxley (SOX) was created in 2002 because of all the accounting fraud that were being reported from publicly held companies. SOX job is to protect investors by preventing financial statement fraud, strengthen internal control, and punishing executives for fraud.…
This essay will discuss the case of R v. Labaye. A summary of the nature of the proceeding and the judges writing decision, facts, legal issues, the decision, judicial reasoning and a thorough analysis will be addressed in this essay. I prefer the reasoning of the majority decision as it is reasonable and ethical. The nature of the proceeding is an appeal heard from the Supreme Court of Canada.…
Final Exam Arizona State University Ulysses Avila November 30, 2014 Questions 1. (10 Points): Write a short brief of U.S. v. Jones (2012). Make sure you follow the format for legal briefs in the example posted on Blackboard. (See Content section for brief example, and Week 14 Readings for the court case). .…
1. The DPP understands ST’s challenge to Document A ’s admissibility to be that they contend Document A falls within s 130(4)(f) to relate to “matters of state” for section 130(1) to apply. The DPP deny this. 2.…
1. The issue in this case is if the Drobner v. Peters case should be used as a precedent to dismiss the Woods v. Lancet case, that is whether or not an infant plaintiff could recover damages for injuries allegedly sustained in the mother’s womb during the ninth month of pregnancy resulting in serious injuries, permanently damaging the infant. Citing Drobner v. Peters, the Special Term granted the motion and dismissed the suit on the grounds that infant plaintiff’s failed to state a cause of action, thus taking the position that its allegations, though true, gave the infant no right to recover damages in the courts of New York. The defendant also claimed that there was no medical evidence that proved the plaintiff’s injuries resulted from her…
1. This appeal was critical of both the crown counsel and the trial judge in this case because of the credibility during the trial became an issue. Even though some objection was taken, crown counsel did not warn the jury, and gave instruction to neutralize the impropriety. Also, the cross-examination of the appellant was not fair and improper.…
Andrews Corporation is a company that was designed when the parent company was mandated by the SEC in a monopoly settlement. This action resulted in six smaller companies. Along with the other five companies, Andrews produces and sells sensors in five diverse market segments. Much of the decisions made during the live rounds have been made in reference to the decisions made by the other companies and the outcomes of those decisions reflected through the market. Andrews Corporation’s current position after the first four rounds is looking very solid; the company finished in 1st place at the end of Round 4.…
Introduction Madigan v. Levin; is a case that concerned Harvey Levin who an attorney for Illinois State accusing the state of age discrimination since it fired him at the age of 61 and hired a younger attorney. Have not being served with enough reason for his firing, he filled a lawsuit, however question arose on whether people in his position were supposed to take such cases direct to the court or were to follow the administrative procedures set forth in the federal Age Discrimination In Employment Act. A circuit court gave him the go ahead; however, Lisa Madigan Illinois Attorney General argued that age discrimination allegation had to first go through the EEOC as it is outlined in ADEA. With such allegations in hand, both state and local government employers have a stake in the case as its…
In Thornburg, the Court rejected formalism. Instead, the Court found that the historical voting patterns of races were essential to deciding the case. The Court also acknowledged the socioeconomic data related to minorities. When courts are not constrained by the rigid requirements of formalism, it allows for a result that is better reasoned. Additionally, Courts can focus on reaching the correct result, rather than the method to reach a result.…