company. The company was a success that is became part of Wall Street just three years ago. The company has being profitable and there haven’t being any issues associated with the accounting records or any financial data associated with the company since it become publically traded. Aunt Amelia does not have any accounting background and therefore does not really know what is going on in her company when it comes to financials. She just knows that a launch is coming up and is interesting and meeting
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to obtain regular raises and bonuses. The appellant admits that the threshold for reviewing a jury’s award is set very high‚ requiring that the verdict is so inordinately high that it must be a wholly erroneous estimate of damages. Relying on the cases of Howes v. Crosby [1984] O.J. No.3127 (C.A.) and Snushall v. Fulsang [2005] O.J. No. 4069(C.A.)‚ the appellants defined “inordinate “as too high or too low by 50%. Legal issue: Was the jury’s award for damages of $40‚000 patently excessive and
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must have a valid interest to protect; (2) the geographical restriction must not be overly broad; and (3) a reasonable time limit must be imposed. Covenants not to compete that arise out of a employment relationship are only upheld by courts in cases where the covenatee provided special training or
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that the testator’s name be subscribed at the end of the will by some other person‚ in the testator’s presence and at his direction. In order to make a valid will‚ the testator must strictly comply with the provisions for formal execution. In this case there is no way of knowing that the decedent’s failure to sign was a mistake or not. DISPOSITION: The lower courts determination of invalidity is affirmed. COMMENTS: It is evident that the will was not signed by the decedent and in accordance
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BRIEFING A CASE EXAMPLE Student Name: Class: Case Number: PATTERSON V. McLean Credit Union 491 U.S. 164 (1989) FACTS: Patterson‚ a black female‚ worked for the McLean Credit Union as a teller and file coordinator for ten years. Patterson alleges that when she was first interviewed for her job‚ the supervisor‚ who later became the president of McLean Credit Union‚ told her that she would be working with all white women and they probably would not like working with her because she
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Commonwealth v Pestinakas 617 A.2d 1339 Facts: Joseph Kly met Walter and Helen Pestinikas in the latter part of 1981 when Kly consulted them about prearranging his funeral. In March‚ 1982‚ Kly‚ who had been living with a stepson‚ was hospitalized and diagnosed as suffering from Zenker’s diverticulum‚ a weakness in the walls of the esophagus‚ [***4] which caused him to have trouble swallowing food. In the hospital‚ Kly was
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the warrant. REASONING/RATIONALE: The Maryland Supreme Court found that the warrant did not authorize a search of Garrison’s apartment and the police had no justification for making a warrantless entry into his premises; however that was not the case. The US Supreme Court found that the police reasonably believed that they were searching McWebb’s apartment and it was a mistake. The warrant was executed in a reasonable manner‚ despite the mix up. The police acted in the best of their ability and
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silence as evidence of guilt. Procedural History: Petitioner was convicted of murder and sentenced to 20 years. This was directly sent to the Texas State Court of Appeals who rejected the argument. The Texas Court of Criminal Appeals took up the case and affirmed the same judgment. Issue: Was the petitioner’s Fifth Amendment right violated when prosecutor’s used his silence as evidence of guilt‚ when he was not in custody and had not had his Miranda rights read to him? Holding/Rule: No‚ because
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HERNISCHFEGER CORPORATION CASE ANALYSIS 1. Describe clearly the accounting changes Harnischfeger made in 1984 as stated in Note 2 of its financial statements In 1984 they changed the depreciation method from accelerated methods to the straight-line for financial reporting purposes. This change included a adjustment of the residual values on certain machinery and equipment. They also included the products purchased from Kobe Steel‚ LTD and sold by them in their net sales. Moreover‚ they
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Harnischfeger Corporation • Includes in net sales products purchased from Kobe Steel. Financial Statements of certain foreign subsidiaries are included on the basis of their fiscal years ended July 31. Although this has no significant impact on net income‚ it did increased net sales by $5.4 million. • Perhaps one of the most significant accounting changes would be changing the method for depreciation expenses on plants‚ machinery and equipment – from principally accelerated methods to straight
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