Case Brief 9 2

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    Case Brief

    Case Brief GM520, Legal, Political, and Ethical Dimensions of Business Style of Case and Citations Kelo v. City of New London 545 U.S. 469 (2005) Court Rendering Final Decision U.S. Supreme Court Identification of Parties and Procedural Details Susette Kelo and the other affected property owners (Plaintiff) filled a suit challenging New London's legal authority to take their homes in order to make room for Pfizer and the economic development plan. Discussion of the Facts

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    Case Brief

    Case Facts: Suppose you come home one evening to discover that your teenage son "borrowed" your car and went on a spree. First, he dropped by his girlfriend's house to pick her up but once there met with considerable resistance from her parents. Her father stood menacingly in front of the car as your son started the engine, and your son, not one to be intimidated, yelled out the window that he would run over her father if he did not get out of the way. The father, who doggedly stood his ground until

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    Case Brief

    Case Brief #1 Name: Thompson v. Clear Springs Foods, Inc., 148 Idaho 697; 228 P.3d 378; 2010 Ida. LEXIS 40 (2010) Facts: Judy Thompson, the claimant, has been an employee for the past 12 years at Clear Spring Food Inc. The company’s regulations state that during her two 15-minute breaks and 30-minute lunch break she must use a time punch card and notify her supervisor if she leaves the facility. During one of her 15-minute breaks Judy decided to go out and move her car “to avoid the risk of

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    Case Brief

    v. Bourland 724 F. 2d 1142 Case Brief Instructions Please note that, unlike the case you have been assigned, the cases in the text have been stripped down to a fundamental legal issue related to the chapter of study and do not contain much of the procedural aspects you may find in your case. DECIDE ON A FORMAT AND STICK TO IT: Structure is essential to a good brief. It enables you to arrange systematically the related parts that are scattered throughout most cases, thus making manageable and understandable

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    Business Law Unit 9 Assignment 2 the Case

    Business Law Unit 9 Assignment 2 the Case Tammy Julian Kaplan University Business Law LS311 Prof. Starcher November 17, 2013 Business Law Assignment 2 the Case The case of the Langley Brothers, Inc., exempt securities are in question, The Langley Brothers decide to sell no par common stock worth $ 1 million dollars to the public. The stock will only be sold in the state of Kansas. Joseph Langley says that the offering does not need to be registered with the Securities and Exchange Commission

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    Case Brief

    Case Brief Revised Jean Harshman-Beasley PA 401 August 6, 2013 Prof. V Corbo Case Brief Revised Civil v. I.N.S., 140 F.3d 52 (1st Cir. 1998) FACT; The petitioner, Lucienne Yvette Civil, sought political asylum under section 8 U.S.C. § 1158(a), on the well-founded fear if returned to Haiti, she would face persecution for her political beliefs. After being denied, Lucienne Yvette Civil appealed the Board of Immigration Appeals ("Board" or "BIA") decision affirming an Immigration

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    Case Brief

    JetBlue Airways, Starting from Scratch Nicholas Billy Date of Case: October 9, 2001 22693 The major issue of this case is how will JetBlue address hiring and recruiting employees and acquire the skill sets necessary to support its anticipated growth. This case demonstrates a good value of the compensation function of the human resource management functions. What JetBlue focuses on is the different length of time periods each individual job they offer will be. For the flight attendants

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    Case Brief

    Case: Crunk v. Glover (1958) Facts: A woman was denied an abortion by a doctor afraid to violate a Texas criminal statute prohibiting abortions except "for the purpose of saving the life of the mother." The Federal District Court ruled the statute unconstitutional; there was a direct appeal by Texas to the U.S. Supreme Court. A man’s finger was bitten off by a bear while attending a community auction. Issue: Does the Texas statute violate a constitutional right to have an abortion? Holding:

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    Case Brief

    Value Case Brief I Resolutional Analysis A Definitions B Principles in Contention: The Federal Government Should Change the Dodd-Frank Act Dodd-Frank makes certain amendments to the "Protecting Tenants at Foreclosure Act of 2009" (the “Tenants Protection Act”), which affects post-foreclosure eviction procedures.  The amendments to the Tenants Protection Act found in Dodd-Frank were effective on July 21, 2010. The primary advantage is that the regulation ensures the safety of us residents’

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    Case Brief

    Case brief of Malaysia case To make the case brief it is necessary to divide our analysis in 5 phases: • Situation • Questions • Hypothesis • Proof and action • Alternatives 1) Situation Government of Malaysia is in front of big challenges, prime-minister is going to have very important meeting, where will be held discussion about future of the country. Malaysia developed its economy by exporting timber, and this caused destruction of local nature, which was a serious threaten for global

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    How to Case Brief

    HOW TO BRIEF A CASE [OR–WHY DIDN’T I CHOOSE TO GO TO MEDICAL SCHOOL] By Dana L. Blatt, Esq. You are just about to start law school. You buy all of your required casebooks [they are about two feet thick–only “slightly” intimidating], and you receive your first assignment. You are simply told, “read the first 100 pages in each book and BRIEF all of the cases!” O.K., you know how to read [hopefully], but what does it mean to “brief” a case? You have heard of “briefcases,” but that

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    Case Brief #2 : Foxconn V Byd, Part B

    Case Brief #2 : Foxconn v BYD, Part B After four individuals were convicted due to stealing trade secrets of Foxconn, the case took a dramatic turn when prosecutors dropped all criminal charges against BYD in December 2008. At the same time, the global manufacturing industry was hit hard because of the severe global recession starting in late 2008. To generate extra revenues for survival from the global recession, one of Foxconn's strategies was to increase investment in R&D of smartphones.

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    Case Brief

    Case study Summery Timothy Spillane Mid-America Christian university Case study Summery The case study that I have chosen for analysis concerns nestle partners Blend coffee, which chronicles their launch into marketing within the realm of “fair trade” products. The source of this study is found in Macu’s library business source complete link via Datamonitor published in July 2007. The scope of the study covers the development of ethical business practices within the worlds largest food and

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    Case Brief

    Aubrey Grudowski Criminal Law Case Brief STANFORD v. KENTUCKY, 492 U.S. 361 (1989) 492 U.S. 361 STANFORD v. KENTUCKY 
CERTIORARI TO THE SUPREME COURT OF KENTUCKY JUSTICE SCALIA FACTS Petitioner in No. 87-5765 was about seventeen years and four months of age when he committed murder in Kentucky. After a juvenile court and several hearings he went to trial as an adult in a category for those who have committed Class A felonies or those under age sixteen who have been charged with a felony

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    Case Brief

    Do federal courts have jurisdiction to hear a constitutional challenge to a legislative apportionment? 2. What is the test for resolving whether a case presents a political question? Holding and Rule 1. Yes. Federal courts have jurisdiction to hear a constitutional challenge to a legislative apportionment. 2. The factors to be considered by the court in determining whether a case presents a political question are: 1. Is there a textually demonstrable constitutional commitment of

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    Case Brief

    Case Brief Rodman v. New Mexico Security Department 764 P.2d 1316 (N.M. 1988). Facts: Rodman had been employed by Presbyterian Hospital as a unit secretary for nearly eight years when, on February 17, 1987, she was terminated under hospital personnel policies following a "third corrective action" notice. Prior restrictions had been placed on Rodman's conduct due to personal problems adversely impacting upon her place of work. Issue: whether the misconduct which warranted termination

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    Case Brief

    owner was negligent or not- “(1) The probability that she will break away (P); (2) the gravity of the resulting injury, if she does (L); (3) the burden of adequate precautions (B)”. This can be algebraically written as B<PL which means if the burden of taking adequate precaution is lesser than the probability of the events times the gravity of the resulting injury then the barge owner will be held liable. In this case damages were severe as both barge and cargo sank, there was a high probability

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    Case Brief

    physical discipline on the son, and prohibited defendant from possessing firearms for the duration of the order. Also on 25 November 2002, plaintiff filed a complaint seeking child custody and support. That matter was merged with the domestic violence case protective order. On 31 March 2003, after a hearing, the court entered an order setting temporary child support. A permanent child custody and child support order was filed on 4 June 2003.   This order barred defendant from owning or possessing any

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    Case Brief

    MEMORANDUM CASE BRIEF INTEROFFICE MEMORANDUM CASE BRIEF To: Mr. Dudley Knox; Introduction to Law LGLA 1311-51001 From: Monica Holland Date: Friday October 24th 2014 IN RE: Introduction to the American Legal System Eighth Edition; Schulze, Patterson Upper Saddle River, New Jersey ------------------------------------------------- Assignment: I have been asked to brief a criminal case of my choice. It must be briefed on two headnotes, and one dealing with the Penal Code. The case must

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    Case Brief

    Eyiesha SIngleton Style of Case and Citation: Young v. Becker & Poliakoff 88 So.3d 1002 (2012) Court Rendering Final Decision: Supreme Court of the United States ?????? Identification of Parties and Procedural Details: Who is the Plaintiff/Appellant? Who is the Defendant/Appealer? What is the cause of action? Who prevailed in lower court? Who is appealing to what court? Jacquelyn Young hired the law firm of Becker & Poliakoff to represent her in her federal employment discrimination

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    Case Brief

    environment, even if the sexual acts were voluntary. Issues: (1) Whether a corporate employer is automatically liable under Title VII if they have no prior knowledge of the alleged discrimination. (2) Whether a hostile work environment based on sexual harassment can be established …. Holding: In a 9/0 decision, the United States Supreme Court declared that A claim of "hostile environment" sexual harassment is a form of sex discrimination that is actionable under Title VII. Pp. 477 U. S. 63-69.

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    Case Brief

    Federal income tax purposes. Both the RJR Nabisco case and the case we did in the class are regarding the graphic design of a product. Both cases are under section 162 but face different treatment. The case we discussed about in class talked about the improvement of external package of yoyo, which under Section 162 that this part of expense should be capitalized and cannot be deducted when the expense happened, while, the expense in this case is categorized as advertisement expense, which under

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    Case 9-2

    Trueblood Case 9-2: Pharmagen 1.State the issue at hand. (Typically this is merely the question you are asked at the end of the case.) How to account for the funding of the R&D and royalty payments 2.State the fact pattern. BRIEFLY present the relevant facts. (Bullet points can be very useful here.) (This can be a challenge, given that some Trueblood cases are only a few paragraphs long, it can be hard to further summarize them.) •Pharmagen entered into a funding agreement with Company XYZ, an unrelated

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    Case Brief

    Kansas v. Cheever Marisa Freeman June 3, 2014 CJ506 Kansas v. Cheever Case Citation 134 S.Ct. 596, 187 L.Ed.2d 519, 82 USLW 4032, 13 Cal. Daily Op. Serv. 13,303, 2013 Daily Journal D.A.R. 16,039, 24 Fla. L. Weekly Fed. S 492 (Westlaw, 2013) Facts In January of 1995, Scott D. Cheever killed Sheriff Matthew Samuels of the Greenwood County Sheriff’s Department at the residence of Darrell and Belinda Cooper in Hilltop, Kansas (The OYEZ Project, 2014). A few hours before Samuel’s arrived at the

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    Team Reflection: Week 6 Rac Brief – Case 2

    Team C Learning Team Reflection: Week 6 RAC Brief – Case 2 Donald Britt, Lauren Batinich, Linda Carucci, Megan Johnson, and Gene McCutchen Law/531 June 8, 2015 Robert Reimer Learning Team Reflection: Week 6 – Case 2 The second learning objectives for this week concerns domestic and international business activities. The Team Assignment this week is to write a case brief using the IRAC method concerning the legal risks associated with domestic and international business activities, as well

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    Unit 2 Brief

    Unit 2: Business Resources (10 Credits) Assessment Sheet Name: ……………………………………………………………………………… | | | | | |Assessment Criteria |Achieved | | |Describe the recruitment documentation used in a selected organisation | | |Pass 1

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    Assignment 9 Case Analysis 2

    Week 9 Case Analysis 2 Demetrius Sanders Dr. Golabek HRMG 5000 Webster University Week 9 Case Analysis 2 Paul was faced with a large task before leaving Utiliscan, and many of those issues came because of the morale in the employees. Most of the employees loved what they did, most loved the company they worked for, and then there were those that wanted change immediately. So Paul did what any Director of HR that loved what they did, he sought on the employees and gave them the

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    Case Brief

    zoo, the defendant’s attorney maintains that they building’s residential status was obvious due to the electric fence – as evidenced by the collar on the dog. Procedural History: None  Issue: Whether the Illinois Dog Bite Statute applies in cases where the plaintiff is unknowingly trespassing. Holding: None Rule:  Cause of action (remedy sought): The following is an action to hold Mr. Androcles liable for injuries sustained to Harvey Woodley (under the Illinois Dog Bite Statue). Rationale/Reasoning:

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    Case Brief

    correct in its holding that the Appellee in this case failed to present evidence establishing a medically diagnosable and significant emotional harm as well as a prima facie cause of action for negligent emotional distress? Holding The court ruled the district court’s decision is reversed. The cause is remanded with directions to dismiss. Rationale The court referenced previous case Parrish v. Omaha Pub. Power Dist. in their decision. In that case it was determined for a valid claim of negligent

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    Case Brief

    Case: Roe v. Wade (1973) Facts: A woman was denied an abortion by a doctor afraid to violate a Texas criminal statute prohibiting abortions except "for the purpose of saving the life of the mother." The Federal District Court ruled the statute unconstitutional; there was a direct appeal by Texas to the U.S. Supreme Court. Issue: Does the Texas statute violate a constitutional right to have an abortion? Holding: (Vote: 7-2) Yes: The statute is unconstitutional because the constitution contains

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    Case Briefs

    Unit 3 Case Brief Jon E. Johnson Kaplan, University Unit 3 Case Brief Case: Mitchell v.Lovington Good Samaritan Center Inc., 555 P.2d 696 (N.M. 1976) Facts: On 6/4/1974 the Petitioner, Zelma Mitchell, was terminated from her employment at Lovington Good Samaritan Center, INC., for alleged misconduct. On 6/12/1974, Mitchell applied for unemployment compensation and was found ineligible due to her being terminated for misconduct. She was found to be ineligible by an Unemployment Security Commission

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    Case Brief

    was for conspiracy to bomb twelve United States commercial airliners in Southeast Asia. The second trial was for his involvement with the 1993 World Trade Center bombing attacks. Issues presented or questions of law: The issue presented in this case where that Yousef (D) believed that he was brought to the United States against his will from Pakistan. Arguments or objectives of the parties: Yousef (D) claimed that the U.S government surpassed their authority when they brought him on trial

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    Case 2-9

    Case 2-9 Coping with Piracy in China Assume you are the CEO of a new firm that has perfected a package of software applications for medium-and lager-sized companies to help manage intellectual property applications (patents, trademarks, copyrights). Licenses for companies in the United States have sold briskly, at $2,000 per company for more than a year. Now you have heard rumors that your software is being pirated in China. Ironic, isn’t it? Write a briefing for your board of directors with a specific

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    Case Brief

    Amendment protects the right of an accused. It does not authorize this Court to strike down federal or state criminal laws on the ground that they are not in the best interests of crime victims or the broader society." Significance Of The Case: This case is significant because it raises the question; Should a person be put to death that had no intent and did not kill a person or child but yet performed a sick hannis act?

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    Case Brief

    Case Who is suing whom? What is the cause of action? What is being claimed? Who won? Urzi V. Board of Education for the Borough of North York (Icy Sidewalk Case) Parent suing the school board Fall at the schoolyard led to a injury in the knee; fell in Europe leading to a hip fracture from a weak knee Claiming recovering for damages sustained in her second fall Plaintiff aka the Parent Hedley Byrne & Co Ltd. V. Heller and Partners Ltd.

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    Mgmt 520- Week 2 Case Brief

    MGMT 520- Week 2 Case Brief Style of Case and Citation: United States v. Kay 359 F.3d 738 (5th Cir. 2004) Court Rendering Final Decision: U.S. 5th Circuit Court Of Appeals Identification of Parties and Procedural Details: Who is the Plaintiff/Appellant? Who is the Defendant/Appealer? What is the cause of action? Who prevailed in lower court? Who is appealing to what court? Original Plaintiff, United States of America, is Appealing original defendant, David Kay and Douglas

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    Questionnaire Case Brief

    Questionnaire for Case Brief Lucy v. Zehmer, 196 Va. 493, 84 S.E.2d 516 (1954) Group 2: Cameron Garner, Jay Bangerter 2. Have all of you found your case on LexisNexis and read it? I couldn’t find the case on LexisNexis nor could I find the right site, however, I did find the full case on Wikipedia and have read all of that case. 3. What are the most important facts of the case? The most important facts of the case are whether a contract can be voided because it was not the intent

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    Case Brief

    Case Brief-Quick Trip Competitive Positioning Although Quick Trip is widely known as one of the major gasoline retailer agents, its forays into the retail food system cannot go unnoticed. The company has established major outlets throughout the United States providing competition to the traditionally established retail outlets. A major point of departure is the kind of food offered by this retail store. Selling of freshly cooked food is rarely done in the United States especially among the many

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    Case Brief

    Case Brief-Quick Trip Competitive Positioning Although Quick Trip is widely known as one of the major gasoline retailer agents, its forays into the retail food system cannot go unnoticed. The company has established major outlets throughout the United States providing competition to the traditionally established retail outlets. A major point of departure is the kind of food offered by this retail store. Selling of freshly cooked food is rarely done in the United States especially among the many

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    How to Brief a Case

    HOW TO BRIEF A CASE I. Distinctions A. B. II. A case brief is a dissection of a judicial opinion -- it contains a written summary of the basic components of that decision. Persuasive briefs (trial and appellate) are the formal documents a lawyer files with a court in support of his or her client’s position. Functions of case briefing A. Case briefing helps you acquire the skills of case analysis and legal reasoning. Briefing a case helps you understand it. B. Case briefing

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    Mgmt 520- Week 2 Case Brief

    MGMT 520- Week 2 Case Brief Style of Case and Citation: United States v. Kay 359 F.3d 738 (5th Cir. 2004) Court Rendering Final Decision: U.S. 5th Circuit Court Of Appeals Identification of Parties and Procedural Details: Who is the Plaintiff/Appellant? Who is the Defendant/Appealer? What is the cause of action? Who prevailed in lower court? Who is appealing to what court? Original Plaintiff, United States of America, is Appealing original defendant, David Kay and Douglas

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    Case Brief

    Case Brief #4 I. Citation Montejo v. Louisiana 556 U.S. 778, 129 S.Ct. 2079, 173 L.Ed.2d 955 (2009) II. The Relevant Facts Montejo, who was a murder suspect, waived his Miranda rights and was interrogated at a sheriff’s office. He was brought before a judge for a hearing where he was appointed legal representation. Later that day, two officers visited him at the prison and asked Montejo to accompany them to locate the murder weapon, which he claimed he had thrown into a lake. He was read

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    Brief Case

    United States v. Davis, 370. U.S.65,62-2 USTC Paragraph 9509 (1962) FACTS: Davis and his former wife went into a divorce settlement which allowed his former wife to have certain personal property that was 1,000 share of stock after they divorced. To execute the agreement, Mr. Davis transferred 500 shares of stock with $74,775.37 basis in 1955 when the market value of the stocks is $82,250. Mr. Davis believed that the transfer was a nontaxable event. However, the Commissioner claimed that Mr. Davis

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    Case Brief

    Snow Assignment 1. If a government restricts the content of an expression of free speech, what test must be met? What are the elements (2) of that test? [Hint p 17] * The test is whether a reasonable person would interpret the conduct as conveying some sort of message. * Make sure the message does not cause a problem in society. 2. What 3 things must be present to have a valid restriction on commercial speech? [Hint p 19] * Seeks to implement a substantial government

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    Case Brief

    them from receiving a fair trial. Mr. Skilling argued that the court should have never tried him in Houston. Mr. Skilling pointed out prior cases where the Court decided that due to extreme media coverage there was a possibility of juror prejudice that required the courts to change the venue. However, I believe that Mr. Skilling’s case differs from these prior cases which were all in small communities, had media coverage that showed the defendant confessions, and trials that occurred right after the

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    Case Brief

    Jessica Case Briefing #2 LaPlace v. Briere New Jersey Supreme Court, Appellate Division 404 NJ. Super. 585, 962 A. 2d 1139 (2009) Facts: A horse owner brought an action against the person who exercised his horse while the horse was being boarded at the defendant's stable. While the stable employee was "lunging" the horse, the horse reared up, collapsed on his side with blood pouring from his nostrils, and then died. Issue: Was the defendant or the trainer liable for the conversion and

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    Case 9-2

    SUMMARY OF CHAPTER 9 BUDGET PREPARATION Nature of Budget Budgets are an important tool for effective short-term planning and control in organization. An Operating Budget usually covers one year and states the revenue and expenses planned for that year. It has certain characteristics like: * A budget estimates the profit potential of the business unit. * It is stated in monetary terms, although the monetary amounts may be backed by the non-monetary items like units produce and sold.

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    Case Briefs

    Babatunde White Torts Case Briefs Yania v Bigan 397 Pa. 316 Parties: Plaintiff - Yania (decedent's widow) Defendant – Procedural History: Trial court dismissed the case; plaintiff appeals. Cause of action: Negligence Facts: Bigan engaged in a coal mining operation, and had trenches on his property for this purpose. The trenches were 16-18 feet in height, and contained water of 8-10 feet (water pump not working to take out the water). Yania went to Bigan's property for purposes of business

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    Case Brief

    Citation: - Tobacco Companies vs. United States Food and Drug Administration Unites States District Court for the District of Columbia, Civil Case No.11- 1482 (RJL) Facts: The plaintiffs in this case are five tobacco companies. In June2011, defendant FDA published a final rule requiring the display of nine new textual warnings along with certain graphic images such as diseased lungs and cadaver bearing chest staples on an autopsy table

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    Case Brief

    phone or have the owner call the police. The owner refused both requests and the patron’s father was shot and killed. The patron then brought action against the Circle Inn Owner for negligence in the death of his father. Issue The issue in this case is whether or not a business should be liable for wrongful death when an employee denies the use of the telephone to one of its patrons. The patron was trying to call the police in a state of emergency. Applicable Rule of Law Section 327 of

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