Limited liability company Essay Example

Limited liability company Paper 1. Tortfeasor is the term for a person who commits a tort True 2. Proximate cause exists when injuries sustained were too remotely connected to an incident to trigger liability False 3. Bona fide competitive behavior can constitute wrongful interference with a contractual relationship False 4. An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care False 5. Hilliard, a clerk at a Games Unlimited store, takes a video player from the store without permission. Hilliard is liable for Conversion 6. Clem, a Delite Dairy salesperson, follows Edna, a salesperson for a Festive Foods, a Delite competitor, as Edna visits stores to make sales. Clem solicits each of edna’s customers. Clem is most likely liable for Wrongful interference with a business relationship 7. Levon leaves his truck at Makeright Vehicle Shop for repair. When Levon refuses to pay for the work, makeRight refuses to give him possession of the truck. Makeright has committed Trespass to personal property 8. A Rhode Island state imposes fines on tire repair business whose pneumatic equipment does not include automatic shut-off switches to protect employees. We will write a custom essay sample on Limited liability company specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Limited liability company specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Limited liability company specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Bob’s Brakes Tires, Inc. , does not have the switches on its equipment. Center, a Bob’s employee, suffers an injury that a shut-off switch would have prevented. Carter’s best theory for recovery is Negligence per se 9. Under the theory of negligence, a breach of the duty of care requires a careless act False 10. Causation in fact exist if an injury would not have occurred without the defendant’s act True 11. A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements True 12. An individual’s right to privacy includes the exclusive use of his or her likeness True 13. A superseding cause is an intervening event that imposes liability on a defendant for injuries caused by the intervening event False 14. Great Tans, Inc. , uses, in its radio ads, a recording by Holly, who owns the rights, without paying for the use. Over time, the song comes to be associated with great Tans. In Holly’s suit against Great Tans, the firm is most likely liable for Appropriation 15. In many states, the plaintiff’s negligence is a defense that may be raised in a negligence suit True. 16. Nesbit publishes in a newspaper an account of the sex life of Merinda, who is not a public figure. The information is true. This is most likely An invasion of privacy 17. Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another False 18. Self-defense is a defense to a charge of assault True 19. An artisan’s lien is a defense to a charge of trespass to personal property True 20. A person assumes all risks associated with any activity in which he or she participates False 21. Strict liability is imposed based on fault False. 22. To avoid strict product liability, a manufacturer must make a product entirely safe for all users False 23. Green Glass Corporation makes glass bottles for food and beverage makers to package their products for wholesale distribution and retail sale. Liability may be imposed on Green Glass based on A manufacturing defect 24. Misrepresentation on a label is not enough to show an intent to induce the reliance of anyone who may use the product False 25. Horizon Corporation makes cell phones. Ginvera files a product liability suit against Horizon, alleging a design defect. Under the Restatement (third) of torts: products liability, in deciding whether to hold Horizon liable, the court may consider the reasonableness of An available alternative design 26. Toyoda company buys gas pedals and other parts from subcontractors and puts them in its vehicles without changing their composition. If the pedals of other parts are defective, strictly liable for any damage caused by the defects are Toyoda and the subcontractors 27. Farm Equip, Inc. , makes farming machinery. Gail discovers that her Farm Equip tractor is defective and sues the maker for product liability based on negligence. To win, Gail must show that Gail suffered an injury caused by the defect 28. Medic Equip, Inc. , makes medical devices. Naomi is injured while using a Medic pacemaker and sues the maker for a product liability based on strict liability. To win, Naomi must show that None of the choices 29. GR8 skates Company makes and sells a pair of skates to Homer. GR8 fails to exercise â€Å"due care† to make the skates safe, and homer is injured as a result. GR8 is most likely for Negligence 30. A manufacture’s duty of care does not extend to the inspection and testing of products bought to incorporate on the final product False 31. An action in strict product liability requires that the defendant fail to exercise reasonable care True 32. Stable Tool Company makes hedge trimmers. Troy is injured while using a Stable trimmer and uses the company for product liability based on negligence. To win, Troy must show that Stable did not use due care with respect to the trimmer 33. A seller must warn those who buy a product of harm that could result from the foreseeable misuse of the product True 34. The basis for applying strict liability is an intentional wrongful act False 35. Universal assembly company makes espresso machines and sells one to Vim through a misrepresentation on the label on which Vim relies and that results in an injury to Vim. Universal is most likely liable for Fraud 36. Rhiana is shopping in Seth’s Food Store when a bottle of truly Bubbly Cola explodes, injuring her. Rhiana files a suit against Truly Bubbly, from whom she can recover only if she can show that she Was injured due to a defect in the product 37. A person who keeps a domestic animal may be strictly liable for any harm that the animal inflicts True 38. Due care must be exercised in designing a product True 39. Sellers or lessors are liable only for products that are reasonably dangerous False 40. Ketchen Kutters Corporation (KKC) makes kitchen knives and other consumer products. KKC could be liable for a design defect if there is a foreseeable risk of harm posed by a product and There is a reasonable alternative design Chapter 15-16 1. The holder of an artisan’s lien can foreclosure and sell the property subject to the lien to satisfy the debt True 2. Tippi believes that she needs to obtain a discharge in bankruptcy through an individual’s repayment plan. This proceeding can be initiated by a filing of a petition by A debtor 3. Any â€Å"person† may be a debtor in a liquidation proceeding. False 4. Francie’s debt to Gage is past due. Gage brings a legal action against Francie to collect the debt. To ensure that a judgment in Gage’s favor will be collectable, Gage asks the court to order the seizure of Francie’s property. This is a request for A writ of attachment 5. Ping’s debt to Oak Furniture Warehouse is past due. Oak obtains a judgment against Ping, but Ping refuses to pay it. Oak asks the court for an order that directs the sheriff to seize ad sell any of Ping’s nonexempt real or personal property that is within the court’s geographic jurisdiction. This is a request for A writ of execution 6. Mary’s home is in a state that has a $30,000 homestead exemption. Mary defaults on a $60,000 debt that she owes to Nina. Mary’s home is sold at auction for $80,000. Refer to Fact Pattern 15-2B. If Nina recovers less than she is owed, she can realize the difference form Only nonexempt property that Mary owns 7. If a creditor obtains a judgment against a debtor an the debtor cannot or will not pay the judgment, the dispute is at an end False 8. Teona files a voluntary petition in bankruptcy for relief through a liquidation. Debts that will not be discharged include claims for Domestic-support obligations 9. If a debtor’s income is below the median income, there is a presumption of bankruptcy abuse False 10. Certain liquidation cases may be converted to repayment plan cases with the consent of the debtor True 11. To adjust debt an institute a repayment plan, Charlie-who is not a corporation, a partnership, or a family farmer or fisherman-may file a petition in bankruptcy for relief through A repayment plan 12. One of the primary effects of a discharge is to relieve the liability of a co-debtor False 13. In a repayment plan case, after the debtor has completed all payments, the court grant a discharge of all debts provided for by the plan True 14. Bartleby owns $5000 to Countryside Credit Union. As a prejudgment remedy to collect the debt, countryside could use Attachment 15. The content of a family-fisherman bankruptcy plan is basically the same as that of a repayment plan True 16. Hasty Pastries declares bankruptcy, idling Hasty’s delivery vehicles. The court can compel Hasty to make periodic cash payments to a creditor with a secured interest in the vehicles to offset the depreciation in their value. This is The adequate protection doctrine 17. Wilbur files a petition in bankruptcy for relief through an individual’s repayment plan. Wilbur is granted a discharge. Debts that will not be discharged include claims for Fraudulently incurred debt 18. Personal property that is most often exempt from satisfaction of judgment debts does not include livestock False 19. Flip’s debt to George is past due. George brings a legal action against Flip to collect the debt. George asks the court to order Home Bank, in which Flip has an account, to pay a portion of the funds to George. This is a request for An order of garnishment 20. Each state permits a debtor to retain the family home, in its entirely or in part, free from the claims of unsecured creditors True 21. A lender’s failure to comply with federal mortgage disclosure requirements extends the borrower’s right to rescind the loan to no more than seven days False 22. A deficiency judgment requires a borrower to pay the amount of debt remaining after the collateral is sold True 23. A subprime mortgage is a loan made to a borrower who does not qualify for a standard mortgage True 24. Great Plain Bank provides a loan to enable Helene to buy a real property. This loan is A mortgage 25. The average prime offer rate is the rate offered to the least qualified borrower as established by a survey of potential borrowers False 26. Rita borrowers $30,000 from South State Credit Union, South State accepts Rita’s equity in her home as collateral, which can be seized if the loan is not repaid on time. This is A home equity loan 27. Money mortgage Mart makes a short-term loan to Natalie to allow her to make a down payment on a new home before selling her current home. This is A bridge loan  28. Under a deed in lieu of foreclosure, the property is coveyed to the lender in satisfaction of the mortgage True 29. Shade Tree Lending Corporation advertises loans as foxed-rate loans but, in fact, their rates or payment amounts will change. This is A violation of the law 30. Duran applies to EZ Credit Mortgage Company for $100,000 to buy a home. Ez Credit steers Duran toward an adjustable-rate mortgage even though he qualifies for a fixed-rate mortgage. This is Steering and targeting 31. Agnes borrowers $110,000 from Bay Harbor Bank to buy a home under a mortgage with an acceleration clause. After eighteen payments, Agnes stops making payments on the mortgage. Bay Harbor Can foreclosure on the entire amount of the loan 32. Property Financial Corporation makes loans that qualify, under a Federal Reserve Board amendment to Regulation Z, as Higher-Priced Mortgage Loans (HPMLs), Quinn applies to property Financial for an HPML. To make the loan, the lender must Verify the borrower’s ability to repay the loan 33. A recession is a written instrument that gives a creditor an interest in real property being acquired by a debtor as security for the debt’s payment False 34. Hill Dale Credit Corporation makes mortgage loan to consumers secured by their principal homes. For a Hill Dale loan to qualify as a Higher-Priced Mortgage Loan (HPML), its annual percentage rate must exceed, by a certain amount The average prime offer rate for a comparable transaction 35. Borrowers are required to recite the terms of their loans in clear, readily understandable language so that the lenders can make rational choices False 36. Federal law encourages private lenders to modify mortgages so as to lower the monthly payments of borrowers who are in default True 37. Northeast Bank makes mortgage loans to consumers, including Mai, to buy homes. Refer to Fact Pattern 16-18. Under Federal Law, disclosures with respect to one of Northeast’s loans must be provided A certain number of days before the loan is finalized 38. The loan that a lender provides to enable a borrower to purchase real property is a mortgage True 39. Kenton borrowers $150,000 from Liberty Home Finance Corporation to buy a home. Federal law concerns primarily What must be disclosed with respect to a mortgage 40. Laurel borrows $150,000 from Marketplace Mortgage Loans to buy a home. The financing documents require Laurel to maintain the property, obtain homeowners’ insurance, and pay all property taxes and other assessment through the lender. With respect to these terms, a court is most likely to Enforce them CHAPTER 17-18 1. Some states require franchisors to provide presale disclosures to prospective franchisees True 2. In a general partnership, the acts of one partner in the ordinary course of business subjects the other partners to personal liability True 3. A franchise is a contractual arrangement True 4. A franchisor can set the retail prices for the goods that a franchisee sells False 5. Property acquired by the partnership is the property of the partners individually False 6. The parties to a franchise arrangement may be two corporations True 7. Typically, the franchisee determines the territory to be served by the franchise False 8. Echo enters into an agreement with Deep Pan Pies, Inc. , to operate a franchise in Centre City. Later, Deep grants franchises to others within the city. Echo files a suit to close them. If the court rules Echo’s favor it will most likely be on the ground that Deep violated the implied covenant of good faith and fair dealing 9. A franchise contract may use only type of business organization-the sole proprietorship False 10. A partnership agreement can include almost any terms that the partners wish True 11. Savannah and Rex agree while taking on the phone to form a partnership to deal in sales of natural gas. Their partnership agreement is legally binding Only if the agreement is reduced to writing 12. Trina and Uri do business as value Gems. In acting on the firm’s behalf in a deal with World Diamond Exchange, Trina recklessly exceeds what value Gems can afford to pay, causing damage to the firm. Trina is Liable for breach of the duty of care  13. A sole proprietor has unlimited liability for all obligations that arise in doing business True 14. A partner who pursues his or her own interest automatically violates the partner’s fiduciary duties to the partnership False 15. Laws governing franchising are designed in part to prevent franchisors from terminating franchises without good cause True 16. Noah and Orin do business as Personnel Partners. In most states, for purposes of suing and being sued, Personnel Partners would be treated as An entity 17. Good faith and fair dealing are important in terminating a franchise relationship True 18. Cluckee Chick’n Corporation provides its prospective franchisees with projected earnings figures based on actual data. Cluckee Chick’n must also disclose The number and percentage of franchisees that achieved the figures 19. On a partner’s dissociation, his or her duty of loyalty to the partnership ends True 20. A franchise agreement between software Company and Games, Inc. , is silent on a time for termination of the franchise. Software may Terminate on reasonable notice 21. Genetic Innovations, LP, is a limited partnership. The partners sign an agreement purporting to state how the firm’s profits and losses are to be divided. The profits and losses of the firm will be divided According to the agreement 22. Mit-E Mart LLC was formed in New Jersey. Mit-E Mart’s members are Odel, who is a citizen of New Jersey, and Pola, who is a citizen of New York. For federal diversity jurisdictional purposes, Mit-E is a citizen of New Jersey and New York 23. If there is not limited liability company (LLC) agreement covering a topic dispute, the state LLC statute will govern the outcome True 24. In a limited partnership, a general partner’s dissociation from the firm may lead to dissolution True 25. CPA Accounting, LLC, is a limited liability company. If the law in CPA’s state is like the law in most states, unless the members have agreed otherwise, participants in the firm’s management will be considered to include All members 26. State law governs the formation of a limited partnership True 27. For federal income tax purpose, one-member limited liability companies are automatically taxed as sole proprietorships True 28. A limited partner who gives a general partner advice on matters relating to the management of the partnership cannot be liable as a general partner False 29. A limited liability company must be managed by non-member managers False 30. Limited liability companies (LLC) are governed by a federal LLC statute False 31. A limited liability company as an entity is not liable for the wrongful act or omissions of its members False 32. Fern and Gray want to form a limited partnership to manage two restaurants: Cafe Latte and Deli Delite. In most states, a limited partnership will be created when A certificate of limited partnership is filed 33. Some states have passed laws prohibiting the withdrawal of general partners form a limited partnership True 34. A limited liability company is not a citizen if any state False 35. In a limited liability partnership, the liability of a general partner is the same as the liability of a limited partner True 36. Vasil is considering forms of business organization for Vasili’s Designs an architectural firm. An advantage of a limited liability partnership is that partners may be able to avoid personal liability for Any partnership obligation 37. In a limited partnership, limited partners have essentially the same right as a general partners to participate in management False 38. A limited liability partnership allows its partners to avoid personal liability for the malpractice of other partners True  39. Location! Realty LLC is a limited liability company. Like other LLCs for federal jurisdictional purposes. Location! Realty is most likely a citizen of Every state in which its members are citizens 40. Bee Hive Honey, LLC’s members include Chad. For purposes of suing and being sued. Bee Hive Honey is A legal entity apart from the owners CHAPTER 19 1. Sophie and Tiny incorporate their beverage-container business as U-Twist Products, Inc. The first board of directors may be appointed by the firm’s Incorporators 2. Shareholders’ meetings need not occur at any certain interval False  3. A director or officer is not liable to the corporation for a bad business decision True 4. Skyla and Terry want to form and do business as Unbound Games Corporation. Most statutes governing the formation and use of corporations are guided by The Revised Model Business Corporation Act 5. The first step in the incorporation process is to select a state in which to operate True 6. Express power of a corporation are found in its articles of incorporation True 7. Felicity and Gideon want to form and do business as Home Healthcare Corporation. A corporation is An artificial person 8. A corporation is a legal entity created and recognized by federal law False 9. Clark is a shareholder of Bedrest Mattress Company. Clark will be deemed to have a fiduciary duty to Bedrest and its minority shareholders if he has A sufficient number of shares to exercise de facto control 10. The primary document needed to incorporate a business is the articles of incorporations True 11. Before shareholders can bring a derivative suit, they must submit a written demand to the corporation, asking the board of directors to take action True 12. Officers hire the directors and other executive employees False 13. Frida and Gregor want to market a new line of fishing gear. To avoid income taxes at the corporate level, they should form An S corporation 14. Viola is a director of Water Pure Corporation. With respect to Water Pure, Viola’s most important right is the right of Participation 15. Directors are entitled to use confidential corporate information for their personal advantage False 16. Each incorporator must have an interest in the incorporation False 17. Niki owns O. K. Oil Corporation. Niki uses O. K’s funds to pay her personal expenses, creates Pure Fuel Corporation to engage in the same business as O. K. , transfers O.K. , assets to Pure Fuel, and petitions O. K. into bankruptcy. This most likely warrants A pierce of O. K. ’s corporate veil 18. Like the bylaws of the other corporations, the bylaws of Farmland Equipment, Inc. , Were adopted at its first organizational meeting 19. Bret and Courtney from Delite Day Care, Inc. ultimate responsibility for policy decisions necessary to the management of corporate affairs rests with Delite’s Board of directors 20. Hailey and Ike hold the first organizational meeting of Java Drive-in Corporation. Probably the most important function of this meeting is Adopting Java’s bylaws 21. Dhani, an accountant for Eureka, Inc. learns of undisclosed company plans to market a new laptop. Dhani buys 1,000 shares of Eureka stock. He reveals the company plans to Fay, who buys 500 shares. Fay tells Geoff, who tells Hu, each of whom buy 100 shares. They knows that Fay got her information from Dhani. When Eureka publicly announces its new laptop, Dhani, Fay, Geoff, and Hu sell their stock for a profit Liable for insider trading 22. Start-up Enterprises, Inc. , completes its registration process and begins advertising the availability of its new issue of securities. Start-up places a tombstone ad in the financial papers. This as tells prospective investors Where to obtain a prospectus 23. Hometown Shops Retail Company has assets of less than $10 million and fewer than five hundred shareholders. Interstate Outlets, Inc. , has assets of more than $10 million and more than five hundred shareholders. The Securities Exchange Act of 1934 applies to Hometown Shops and Interstate Outlets 24. Maple Products Corporation is a public company, which New Hampshire regulates and in which Orin invests. The Sarbanes-Oxley Act of 2002 introduced direct federal corporate governance requirements to Public companies 25. â€Å"Forward-looking† financial forecast are protected against liability for securities fraud True 26. Sid, a director of Tech Software Company, learns that a Tech engineer has developed â€Å"Ur Call†, a new, exciting video game. Sid buys Tech stock and tells his friend Velma, who also buys Tech stock. When the new game is released three weeks later, Sid and Velma sell their stock for a big profit. Refer to Fact Pattern 29-1B. under SEC Rule l0b-5, Sid would not be liable if he had waited to buy Tech stock until After the public release of the game 27. Nouveau Riche Corporation, and its officers, directors, and shareholders, buy and sell securities. SEC Rule 10b-5 applies to The purchase or sale of any security 28. Catalina promises high returns to Darby and other investors, who then agree to trust their funds to Catalina. She uses these funds to pay previous investors. This is A Ponzi scheme 29. Corner Cafe Company offers its stock for sale only in a single state. The law in Corner’s state is like the law in most states. Corner’s offer is subject to state securities statutes that include Antifraud and disclosure provisions 30. Begin Anew Enterprise, Inc. , completes its registration process and issues a free-writing prospectus. This tells prospective investors That they may obtain the prospectus at the SEC’s Web Site 31. Under the Sarbanes-Oxley Act of 2002, chief executive officers no longer need to certify the accuracy of information in corporate financial statements False 32. Dave, an accountant, does not work for Emergent Company, but wrongfully obtains inside information concerning Emergent. Based on the information, Dave buys and sells Emergent stock for personal gain. The Securities and Exchange Commission prosecutes Dave, arguing that he is liable because he stole information rightfully belonging to another. This argument is The misappropriation theory 33. Heavy Hauling, Inc. , is a public company whose shares are traded in the public securities markets. Under the Sarbanes-Oxley Act of 2002, to ensure that Heavy Hauling’s financial results are accurate and timely, the firm’s senior officers must set up and maintain Internal â€Å"disclosure controls and procedures† 34. The Securities an Exchange Commission can seek sanctions against those who violate foreign securities laws True 35. Frothy Beverage Corporation is a public company whose shares are traded in the public securities markets. Under the Securities Act of 1933, Frothy is required to Disclose financial and other information about its securities 36. Most securities can not be resold without registration False 37. Lex, a salesperson for Macro Corporation, learns that Macro will increase the dividend it pays to shareholders. Lex buys 1,000 shares of Macro stock. When the price increases, Lex sells his shares for a profit. Lex would not be liable for insider trading if the information about the dividend was Public before he bought the stock 38. Accredited investors included banks, but not investment companies False 39. Securities must be registered under the Securities Act of 1933 for the Securities Exchange Act of 1934 to apply False 40. Players Video Game Centers, Inc. , wants to issue stock of $1 million in a single offering. Players must provide all investors with material information about itself, its business, and its securities if Any investors are unaccredited CHAPTER 20 AND 22 1. Bud approves on behalf of Cody-but without authorization-a contract with devon to build a new silo. Cody does not ratify the contract. Later, Devon tries to enforce the deal. This attempt will be Totally unsuccessful. 2. Prospective enterprises (PE) employs Quinn to buy property for a possible commercial development. Quinn secretly buys some of the property and sells it to PE at a profit. Quinn has breached The duty of loyalty 3. A principal owns his or her agent a duty to act in good faith True 4. A principal is exposed to tort liability whenever a third person sustains a loss due to an agent’s misrepresentation True 5. Independent contractors have no control over the details of their work performance False 6. Apparent authority arises from what the principal makes clear to the agent False. 7. Apparent authority usually comes into existence through a principal’s pattern of conduct over time True 8. Chelsea, an agent for Bountiful Seafood, Inc. , has often done business with Alvin’s Dockside Diner on Bountiful’s behalf. When Chelsea and Bountiful terminate their agency, to avoid liability for later deals, Alvin’s must be notified by Bountiful only 9. Rangle contracts with Siena to buy a certain horse for her. Rangler makes a deal with Timberline Stables, the owner of the horse, and makes a down payment. Siena fails to pay the rest of the price. Timberline sues Rangler for breach of contract. His right to hold Siena liable for any damages that he has to pay is the right of Indemnification 10. Meals n’More, Inc. , a catering company, requires its customers to pay by check. Lyra, a Meals n’More driver, tells customers that they can pay her with cash. When Meals n’More learns of Lyra’s collections, it takes no action to stop it. Lyra steals some of the cash. Meals n’More may suffer the loss under the doctrine of Apparent authority 11. An agent has the right to perform agency duties without interference by the principal True 12. All agency relationships are based on contract False 13. An agent has a duty to follow all clearly stated instructions of the principal, lawful or not False 14. Maya and Noel work at OpenFlo Plumbing Supply. Maya is a plumbing engineer who works with OpenFlo clients on residential plumbing and field draining and irrigation projects. OpenFlo closely supervises all of its engineers, and dictates their work schedules. Noel works part-time in the evenings cleaning the offices and warehouse. Refer to Fact Patern 20-1A. Maya is OpenFlo’s Employee and agent 15. Glen is an agent for Hi-Flite, Inc. On Hi-Flite behalf and its request. Glen pays lan for certain plane maintenance and repair services. Glen’s right to obtain the amount of those payments from Hi-Flite arises under the principal’s duty of Reimbursement 16. Fabulous Auto Sales, Inc. , employs GR8 Collection Company as a collection agency. While repossessing a car from Hadji, one of Fabulous customers, GR8 causes an accident in which Hadji is injured. Hadji can recover from Fabulous or GR8 17. When an agency relationship is terminated, the principal has a duty to personally notify third parties who knew of its existence False. 18. Louis, certified public accountant and an investor, and Maria, an insurance salesperson and a realtor, may create an agency relationship for A legal purpose only 19. An independent contractor may not act in the capacity of an agent False 20. Picabo drives a truck as an employee for Quick Delivery. Inc. , Picabo would most likely be considered acting outside the scope of their employment if she Crashed into a car at the airport while off duty 21. Employers who do not accommodate the needs of persons with disabilities must demonstrate that the accommodations would cause undue hardship True. 22. United Company replaces Vera, a forty-five-year-old employee, with Wendy. Vera files a suit against United under the Age Discrimination in Employment Act of 1967. To establish a prima facie case, Vera must show, among other things, that she is Qualified for the position 23. Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claims under the Civil Rights Act of 1964 True 24. State employers are not immune from private suits brought by the employees under the Americans with Disabilities Act of 1990 False 25. The civil rights Act of 1964 does not protect against reverse discrimination False 26. Dakota believes that Credit Services Corporation (CSC) has discriminated against her on the basis of gender. She files a suit against CSC under the Civil Rights Act of 1964. To establish a prima facie case of employment discrimination, Dakota must show that She is a member of a protected class 27. Pikabo files an employment discrimination suit against Quantitative Analysis, Inc. , under the Civil Rights Act of 1964, based on its discharge of Pikabo. Possible relief includes Reinstatement. 28. Under the age Discrimination in Employment Act of 1967, a plaintiff must prove that he or she was replaced by a person â€Å"outside the protected class† False 29. Maria, an employee of Nickel Tool Company, files a sexual-harassment suit against Owen, her supervisor. Maria wins. Nickel may also be liable if it had effective harassment polices and complaint procedures, and Maria followed them 30. Under the Age Discrimination in Employment Act of 1967, the plaintiff needs to show only that the employer was motivated in part by unlawful discrimination False 31. If a job applicant or an employee with a disability, with a reasonable accommodation, can perform essential job functions, the employer must make the accommodation True 32. The American with Disabilities Act of 1990 defines persons with disabilities as persons with physical as persons with physical or mental impairments that â€Å"substantially limit† their everyday activities True 33. Dick works for first City Bank. When his spouse Eline is diagnosed with Lou Gehrig’s disease, Dick asks to take temporary leave to care for her.

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Essay Internal Controls in SAP Essay: Internal Controls in SAP Credit limit check (static) the credit exposure for the customer may not exceed the set limits for credit. The exposure of Credit is the aggregate value of all the items. Credit limit check (Dynamic) this checks all the value of the document based on the horizon period. To open the order value involves all the undelivered orders. The calculation of the value occurs on the date of shipping, and is kept in a data structure for a specified period of time. To define the credit check, a certain future horizon date is specified: it could be 10 days or two months depending on the specified periods. The credit limit check can be applied at any time within the service to offer information about the customer’s credit status. It can be accessed automatically and manually. The system is designed to check the planned costs without tax. Validity checks are the implementation guide in the individual financial statement data. They are assigned to particular groups. With validity checks, you can check individual statements immediately after input and individual companies can also be checked. The system as an application control detects when something goes wrong. It contains zip codes which it compares to cities and states. It is from this internal control that it obtains the information to detect incorrect entries and this is a validity check. With an active validation check, SAP SNC adapts to the order of work in these cases: when the customer alters the order of purchase to SAP SNC, or the user has saved the work order with altered or current (new) deliveries on the user interface. Batch number invalid- this validation check becomes relevant when the user decides to have the batches tracked and their usage in the work order collaboration. The supplier sends confirmations to SAP SNC through xml messages. You can pay for writing your essay at custom writing service. Just visit our website and fill in the order form!

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Homeless on Campus - Essay Example The article has discussed the plight of a number of college students who have been rendered homeless. The first one is Aesha who happens to be in her last semester in college. Aesha became homeless after she walked out of the three bedroom apartment that she shared with her son, her son’s father, her mother’s boyfriend as well as her mother. Aesha and her son left the three bedroom apartment mainly because her son’s father became a violent. Physical abuse from a partner is quite devastating both for the victim as well as other close family members that witness. It is even a criminal offence for a person to engage in domestic violence. The physical abuse would not only have caused a direct harm to Aesha but also an indirect harm in her studies as she is a student. It is not possible for any student to juggle family work, school work and an abusive partner. I therefore agree in entirety with the decision that Aesha made of leaving her son’s father. This woul d save both her physical health as well as her emotional health. She will therefore at least be able to concentrate in hers studies despite the homelessness challenges that she might face. After leaving the three bedroom apartment, Aesha was forced to spend her nights in a temporary shelter for one month. This was quite dangerous for the life of her son as well as her. Safety is never guaranteed in temporary shelters in the cities. Her son was also exposed to dangerous conditions in that shelter house as he was likely to catch various diseases like a common cold. The next shelter that Aesha and her son landed in after spending their nights at the shelter house was the emergency assistance unit that was located in the city. The living conditions in this place were equally atrocious as the place was filled with a crowd of people. Sleep was not comfortable at all and benches were used as beds. This would only have aided in causing backaches for the users of those beds. From the article it is also

Differentiating Between Market Structures for the Toyota Motor Essay

Differentiating Between Market Structures for the Toyota Motor Corporation - Essay Example According to the research findings, it can, therefore, be said that market structures refer to the kind of market organization or plan that exists in a certain economy with reference to the supply of products, customers’ behavior and strength and distribution of suppliers into the market. For any organization to prosper in its business processes there must be a properly defined and established market structure to assist in conducting a significant sale of products. Determining the nature and structure of the market in which a company intends to venture prepares the company in making critical decision and systems to encounter potential competition in the targeted market. Prior information of market structure that rules in a particular market setup prepares business organization on how best to face the existing challenges in the particular market. Some of the most common market structures operating in the contemporary economic standing include perfect competition, monopoly, olig opoly, and duopoly. A decision on the kind of market structure to venture into depends on the products and customers targeted by a given business organization. The Toyota Motor Corporation is an example of an organization that has emerged successful in the global market due to the realistic choice of a market structure. The Toyota Motor Corporation has adopted strategies to emerge successful in a perfectly competitive market structure that characterizes the global automobile industry. To survive in this market, Toyota has been successful in identifying and analyzing the nature of the market, the responsiveness of its customers and the ingenuity of its competitors. In this respect, Toyota has focused its technology and production processes towards filling the perceived loopholes that exist in the global motor market. Toyota operates in a market structure where there are many buyers and sellers interacting in a free market without hindrance to enter or exit with rational prices. This means that the market for products offered by Toyota Motor Corporation is highly competitive and requires the adoption of viable competitive strategies to succeed. Toyota Motor Corporation ventured into the perfectly competitive market not out of pleasure but due to the existence of stiff competition that characterizes the global motor vehicle industry. Even though Toyota Motor Corporation enjoys the status of being classified among top five global motor companies, it faces stiff competition from Ford Motor Corporation, KIA, Honda, Nissan, and Mercedes Benz, among other globally renowned motor producing companies. Operating in a perfectly competitive structure requires Toyota to adopt mass production as well as highly innovative and creative strategies to ensure a strong competitive advantage in the motor vehicle industry. In addition, Toyota Motor Corporation found it easier to settle on the perfect competition marketing structure due to the efficiency and price sanity ensured by t he model.

The Social And Legal Factors Economics Essay

The Social And Legal Factors Economics Essay Barratt Development plc, a national house builder in the UK construction industry, listed in the FTSE 250, is the second largest house builder in the UK by revenue and by market size (LSE 2010). Like its two biggest competitors, Taylor Wimpey plc and Persimmon plc, it has within the last two years been badly affected by the recession which hit the UK economy in 2008. Before then the company, which was founded in 1958 in Newcastle upon Tyne, had enjoyed relative boom in the UK house building sector, culminating in the acquisition of Wilson Bowden plc in 2007. This acquisition enabled the company to effectively expand its commercial property development arm. As at present, Barratt Developments is represented in all house sectors in the UK, with Barratt Homes in the residential housing market, David Wilson Homes in the up-scale housing market, Ward Homes (a regional brand operating in Kent and south-east), and Wilson Bowden Developments in the social housing and commercial property deve lopment market. The onset of the recession has however presented unprecedented challenges to Barratts operations, causing it to have to rethink strategies and policies in a bid to reduce mounting debts and cope with falling house prices and a drop in sales due to falling demand for new homes. Business-related events Political Factors Political, economic, social, technological, legal and environmental factors in the UK have in the past determined strategies adopted by Barratt Developments plc and will continue to do so. Political decisions determine economic and regulatory policies which have to consider in formulating strategy. For example, the governments Home Owners Mortgage Support Policy Scheme assists home owners who have met certain criteria and are unable to meet their mortgage commitments to pay off their mortgages by providing up to 80% of total interest guaranteed (Communities and Local Government 2010). This policy will in some way determine part of Barratts strategy because the more people who can afford mortgages, the more houses developers like Barratt will sell. Social and Legal Factors Social and legal factors also affect the strategies Barratt adopts because change in patterns of living may dictate what type of houses become more in demand, (for example, family style houses as opposed to flats or vice versa), while changing laws and regulations also have to be satisfied in the course of carrying out their core business activity. Economic Factors The main focus here however is on the prevalent economic factors and how Barratt responds in term of strategy. Lets look into the GDP and unemployment rate, the GDP has been fall even seriously compared to the previous recessions, most sectors of the economy are still struggling with the effects of the down-turn. The result, coupled with high unemployment rates, is that people have less money to spend, and tend to spend their limited resources on essential commodities. This invariably means that the high end market where Barratt is represented by the David Wilson brand may suffer. However, the government has made efforts to ensure that more credit is available for people through the banks by issuing bailout funds. These measures may yet still be inadequate, as depicted in a recent Financial Times Online article, where Barratt called for banks to increase lending and review current stringent mortgage criteria (FT 2010). These developments also means that Barratt may have to sell its c onsiderable stock of built houses at prices far lower than were originally estimated, in order to raise cash and improve liquidity. Porters 5 Forces Buyer Power Depends on individual buyers. Barratt sells to individuals and groups and the government. Individual customers have less bargaining power, while groups and government have more bargaining power. Supplier Power Many suppliers and therefore high competition, several alternative materials are available. Suppliers depend on the major house building firms like Barratt for repeat work and are likely to agree price discounts. Threat of substitute products Most products in the market are known already. Barratt is at the forefront of developing new products, so the threat of new products is relatively low for now. Barratts competitors Taylor Wimpey: Largest sales revenue, market size of 130,000 Persimmon Group: 3rd largest sales revenue, market size of 12,000 Berkeley Group: 4th largest sales revenue, market size of 6,000 Threat of new entrants to the market Barriers to entry: High capital requirement, land acquisition expertise, economies of scale, depresses property market. SWOT Analysis Strengths (internal positive factors) These will include Barratts diverse product portfolio which allows it to switch products with demand. The board of Barratt consists of five executive and five non-executive members from diverse. Barratts leading role in innovative house building technology is an advantage. Weaknesses (internal negative factors) Lack of adequate finance and debt is a continual setback to the survival of the company. Timing of merger with the Wilson Bowden brand has affected Barratt negatively in terms of finance within the last few years. Unsold stock of houses is still a problem as it ties up much needed cash. Opportunities (external positive factors) Advancement in technology and emphasis on sustainability means that Barratt can take advantage of its innovativeness to gain competitive advantage. The underdeveloped nature of the specialized retirement home market means that Barratt can expand to that market. The economic forecasts show that the recession has technically come to an end. Barratt can position itself to take advantage of the recovering economy when it fully sets in. Threats (external negative factors) Government plans to cut spending in future could hamper Barratts ability to reach full recovery. While is still tries to return to profitability, some of Barratts competitors are already profitable. This could pose challenges to Barratts progress. Consumer confidence in the market may not return to pre-recession levels long after the recession reverses.

Rita Dove Literary Analysis Essay -- essays research papers

Rita Dove: Literary Analysis   Ã‚  Ã‚  Ã‚  Ã‚   Rita Dove has written many different kinds of poetry. She also wrote books, short stories plays and all types of literature. This essay will focus on specifics of her writing by analyzing three pieces of poetry that Rita Dove has written. The works we will be looking at are In the Old Neighborhood, My Mother Enters the Work Force, and The Bistro Styx. Through these three works you will see examples of Rita Dove’s use of home in her poetry, her use of figurative devices such as similes and metaphors, and you will see Dove’s view on children coming of age in different ways.   Ã‚  Ã‚  Ã‚  Ã‚   By looking at the poem “In the Old Neighborhood'; we can deduce a number of things from the overall poem. Dove seems to go back in time to view her home as a child from a newly shifting and surreal location. The speakers in Dove’s poems are not usually at ease with their surroundings, and they tend to look upon scenes of home as seen through a distant and dispassionate eye. Dove’s home seems alien to her. Even the flowers are strangers there. Analyzing the poem farther we can see that Dove uses her views on home to further alienate from our familiar picture of that typical suburban home. She seems to be talking about the house in a manner that would indicate it is a photographic negative; this emphasizes race as an alienating factor. Dove’s writing usually charts a sense of displacement and this seems to be the case in “The Old Neighborhood';. In My Mother Enters the Work Force Dove does not use her home theme, but in The Bistro Styx, which is a small ex cerpt from a works entitled Mother Love, Dove does make references to home. This poem is a recasting of the story of Demeter and Persephone from ancient Greek mythology. In short, Hades kidnaps Persephone from her home, and Demeter, her mother goes insane trying to get her back. Demeter is able to go after Persephone only to find that too late Persephone has already “adapted'; to life in the underworld, and must remain there because she ate the fruit of the dead. Dove’s version is much the same and takes place in Paris. It deals with loss of home and a home coming that was not to be. Many of Rita Dove’s works deal, approach, define, or scrutinize the i... ...he mother, is insanely worried about her daughter. Persephone is unmindful of her mother’s fear and is off having a great time partying in Paris. Although Persephone is having a great time, what she doesn’t realize is that she can never really return home. The end of the poem symbolizes the mother realizing her daughter’s sexual awakening, and with that the realization that things are out of her control. Dove delves deep into these kinds of relationships in many of her poems, not just the examples given. The works we looked at were In the Old Neighborhood, My Mother Enters the Work Force, and The Bistro Styx. Through these three works we saw examples of Rita Dove’s use of home in her poetry, her use of figurative devices such as similes and metaphors, and her views and themes on children coming of age in different ways. These three elements do not fully encompass all that is Rita Dove. In fact, with a poet as diverse as she is it is hard to pick three main ideas when really they aren’t as main as you might think. Rita Dove is a complex and fascinating individual who will continue to write her style of poetry for many years to come.

Learning Styles – VAK

VAK theory is widely recognised by teachers – particularly those who recommend accelerated learning techniques – but the idea that we receive information via different modes has been around considerably longer than that and can be traced back to the work of Grace Fernald (â€Å"Remedial Techniques in Basic School Subjects†) who promoted kinaesthetic learning techniques; Samuel Orton’s work on dyslexia; Anna Gillingham’s subsequent work on developing multisensory approaches; and the holistic educational philosophy of Maria Montessori. (WWW. brainboxx . co. k) We all learn in different styles it’s just a case of finding out what style suits the individual learner to get the best results out of them, for example if you were to teach a learner that is best suited to Kinaesthetic learning, by giving them just handouts and talking, they will lose concentration much quicker and wont absorb any of the information you are giving them, whereas if you keep them engaged by maybe doing something as simple as giving out the handouts or give a little demonstration of what their learning they will keep engaged therefore absorbing the information for longer. There are three types of learning styles, Visual, Auditory and Kinaesthetic. Someone that requires a Visual learning style would prefer to learn using drawing, sketches, handouts, charts etc. An Auditory learner would prefer to learn with the aid of listening and then answering questions about what they have just heard, stories (maybe of past experiences), anecdotes, puns etc. Whereas someone that learns in a Kinaesthetic way would learn in a much more hands on way by building things, taking something apart and re-building to see how it works, using their hands, being able to move around etc. When setting up your lesson plan you will have to cater for all three learning types and maybe you could already have an idea on how to get the best out of your group of learners that use all three types, for example: if you have a few Kinaesthetic learners in a group or discussion session you could keep them engaged by asking them to come up and give a demonstration, or if you’re in a workshop environment you could give a demonstration for all, whilst verbally explaining what you’re doing and achieving, therefore also catering for Visual and Auditory learners. The main thing is to keep the learners engaged. (As Geoff petty says in Teaching Today) it is better to have 80 per cent concentration on a moderately effective method than 10per cent on a supposedly brilliant one.

Thesis Ethernet and Network Essay

Thesis Ethernet and Network Essay Thesis: Ethernet and Network Essay EVOLUTION OF CAT WIRING CAT-3 Wiring: The original CAT-3 wiring was popular in the early years of the ‘90s. This wiring was unshielded and was utilized in many computer networks, until it was replaced by the similar, but higher-quality CAT-5. CAT-3 had the capacity of carrying data at speeds up to 10MB/sec at a bandwidth of up to 16MHz. CAT-4 Wiring: This wiring never gained much popularity due to the fact that it was quickly unseated by CAT-5, shortly after it was introduced to the market. This wiring had the capacity to transfer data at 16MB/sec at a bandwidth of up to 20MHz. CAT-5 Wiring: This type of wiring was very popular throughout the ‘90s, once when it replaced CAT-3 and CAT-4. Its ability to carry audio and video data made it ideal for computer networks and use in Ethernet cable applications. CAT-5 wiring has the capacity to relay information at speeds of up to 1GB/sec, at bandwidth frequencies of up to 100MHz. CAT-5e Wiring: CAT-5e wiring is an enhanced version of CAT-5 wiring in that it has the same data rate (1GB/sec) and bandwidth frequencies (100MHz), except CAT-5e allows for data to be relayed at distances of up to 1,000 meters. Standard CAT-5 wiring only allows for signal relays up to 100 meters, without the use of devices such as connectors or repeaters, to allow for additional distance. CAT-6 Wiring: CAT-6 wiring was a revolutionary step towards complete cable functionality, with data rates of 10GB/sec at frequencies of up to 250MHz; however, the original CAT-6 is only capable of supporting these requirements over distances of 37 meters or less before it is exposed to alien cross talk. CAT-6a Wiring: CAT-6a is able to support 10GB/s data rates, at a distance of 100 meters. That’s nearly three times the distance of standard CAT-6 cable. Also, CAT-6a cable raised the bar for operating frequency range, allowing for function at bandwidths up to 500MHz. CAT-7 Wiring: CAT-7 cable has provided a more reliable solution to 10GB/sec data rates over 100 meter distances at frequencies up to 600MHz. CAT-7 wire is the closest replacement to fiber optic cable, as far as efficiency goes; however, singlemode fiber optic cable signals have the ability to relay signals across miles and miles, without the use of repeaters. Vocabulary Term | Definition | 1000Base | Ethernet cable with a bandwidth of 1,000 Mbps. Also known as gigabit cable. | 100Base | Ethernet cable with a bandwidth of 100 Mbps. Also known as fast Ethernet cable. | 10Base | Ethernet cable with a bandwidth of 10 Mbps. | Adapter | A part that allows a device to be electrically or physically connected to another device. Network interface cards can be used as adaptors for network cables. | Antenna | An apparatus for sending and receiving radio signals. Wireless routers have an antenna instead of cable. | Backbone | The main line of a communications network that supports all the data being transmitted. | Bandwidth | The amount of information or data that can be sent over a communications channel in a given period of time. The higher a channel's bandwidth, the more information it can carry. | Boundary | The separation point between network segments. Boundaries are usually set by devices that control the data, such as routers and gateways. | Bridge | A hardware device that connect two networks and breaks the segments of one network into smaller groups. Bridges filter incoming traffic and decide whether to forward or discard it. | Bus | A network configuration in which all the nodes are connected to a common line with two endpoints. Bus topology is easy to connect and does not require a lot of cable. | Carrier Sense | The ability of a network device to "listen" to the network to determine if any other devices are trying to transmit data. | Carrier Sensing Multiple Access With Collision Detection | An Ethernet communication protocol in which devices check the network to see if it is clear before transmitting data. | Coaxial Cable |

Free Essays on “Bauhaus“

The Bauhaus (full name staatliches Bauhaus, "state building house") was themost famous school of architecture and design of the 20th century. Foundedby Walter GROPIUS at Weimar, Germany, in 1919, the Bauhaus was originally acombined school of fine art and school of arts and crafts. In his openingmanifesto, Gropius issued a call for the unification of all the creativearts under the leadership of architecture. He declared that a mastery ofmaterials and techniques was essential for all creative design. Studentswere to have two teachers in every course, one an expert craftsman, theother a master artist. The preliminary course, organized by JohannesItten, introduced students to rudiments of design, freed from historicassociations: size, shape, line, color, pattern, texture, rhythm, anddensity. This course has become the foundation for design education inmany countries. It was followed in the curriculum by advanced work withform and materials, including workshops in stone, wood, metal, pot tery,glass, painting, and textiles. Industrial design became a major focus atthe Bauhaus, which hoped to improve radically the quality of allmanufactured goods. Teachers appointed in the early years included Lyonel FEININGER, GerhardMarcks, Johannes Itten, and Adolf Meyer (1919); Georg Muche (1920); PaulKLEE and Oskar SCHLEMMER (1921); Wassily KANDINSKY (1922); and LaszloMOHOLY-NAGY (1923). From the beginning, the striking newness of theconcepts developed at the Bauhaus and the liberal beliefs of many of thepeople associated with it aroused strong opposition. In 1925 political pressures forced the removal of the school from Weimar toDessau, where Gropius designed a new complex of buildings for it, includingclassrooms, shops, offices, and dwellings for faculty and students. Thisgroup of buildings in Dessau came to symbolize the Bauhaus to the rest ofthe world. Although Gropius repeatedly insisted that it was never hisintention to codify a Bauhaus style or... Free Essays on â€Å"Bauhausâ€Å" Free Essays on â€Å"Bauhausâ€Å" The Bauhaus (full name staatliches Bauhaus, "state building house") was themost famous school of architecture and design of the 20th century. Foundedby Walter GROPIUS at Weimar, Germany, in 1919, the Bauhaus was originally acombined school of fine art and school of arts and crafts. In his openingmanifesto, Gropius issued a call for the unification of all the creativearts under the leadership of architecture. He declared that a mastery ofmaterials and techniques was essential for all creative design. Studentswere to have two teachers in every course, one an expert craftsman, theother a master artist. The preliminary course, organized by JohannesItten, introduced students to rudiments of design, freed from historicassociations: size, shape, line, color, pattern, texture, rhythm, anddensity. This course has become the foundation for design education inmany countries. It was followed in the curriculum by advanced work withform and materials, including workshops in stone, wood, metal, pot tery,glass, painting, and textiles. Industrial design became a major focus atthe Bauhaus, which hoped to improve radically the quality of allmanufactured goods. Teachers appointed in the early years included Lyonel FEININGER, GerhardMarcks, Johannes Itten, and Adolf Meyer (1919); Georg Muche (1920); PaulKLEE and Oskar SCHLEMMER (1921); Wassily KANDINSKY (1922); and LaszloMOHOLY-NAGY (1923). From the beginning, the striking newness of theconcepts developed at the Bauhaus and the liberal beliefs of many of thepeople associated with it aroused strong opposition. In 1925 political pressures forced the removal of the school from Weimar toDessau, where Gropius designed a new complex of buildings for it, includingclassrooms, shops, offices, and dwellings for faculty and students. Thisgroup of buildings in Dessau came to symbolize the Bauhaus to the rest ofthe world. Although Gropius repeatedly insisted that it was never hisintention to codify a Bauhaus style or...

Corporate performance, abnormal profits and sectoral differences Essay

Corporate performance, abnormal profits and sectoral differences - Essay Example Whereas some people consider the quantity of firms assets as an indicator of its performance, economists use different approaches such the efficiency in which firm or industry utilize its resources to generate income. Firms operating in the same industry exhibit dissimilar performance while even firms operating under different industries have depicted similar performance trends (Rumelt, 1991, p.179). Therefore, it is not clear as to what exactly determines performance of the firms since some people thinks that directors of the company and the environmental conditions play a significant role in firm performance. One of the key determinants of firm’s performance is the level of resource endowment. Firms are endowed with different resources and this could result to improved performance of the company regardless of the industry in which it operates (Rosenzweig, 2007, p.11). Firms with large resource base enjoy economies of scale to due to large scale production. Therefore, those f irms are able to offer their products at a reduced price compared to their competitors who may be experiencing diseconomies of production. Furthermore such firms are able to use most efficient techniques in their operations as a result of intensive research and innovations. Another determinant of the performance of company is its market position. Firms which have differentiated products are able to enjoy significant market returns by influencing prices of the products as the market leaders. Customer loyalty to specific brand may result to some companies performing better than others in the same industry (Lecture 4, 2012). The market leaders usually set prices for the commodities while others just follow the decisions of the market leaders. Therefore, if firms are operating in an industry with differentiated products, then their performance will vary significantly depending on their position in the market in terms of market share. Some people use total assets as a measure of performa nce of the company hence, companies with vast resources are considered most successful. However, in Rumelt (1991, p.181) comparing economic profits of different firms operating in the same industry has shown that different firms with large resource base are not necessarily the best performing. Even firms with fewer resources have exhibited higher profit ratios to resources used. Economic profits in relation to resource used to generate the profit can better provide a comparison of performances of different firms across the industries (McGahan, and Porter, 1997, p.27). Regardless of the industry in the firm is operating, the level of their performances can be determined in relation to how much benefits can be obtained from the capital employed. The firm managers make probabilistic decisions. For example, the production activities are all based on the prediction of the market. However, in reality things changes and what was anticipated may never come to pass. Therefore, the performanc e of firm will depend on extent in which the predicted events match with real occurrences (Lecture 4, 2012). Sometimes, the managers have no control over the events that occur hence they influence much the performance of the firm. According to Hawawini, Subramanian and Verdin (2001, p.30), the Industry in which a firm belongs affects the overall performance of a company. Some industries are much specialized such as pharmaceuticals and engineering firms. Other

Australia Employment law Assignment Example | Topics and Well Written Essays - 1000 words

Australia Employment law - Assignment Example There is always a good coordination between employee and the subordinates and this creates a good working environment for employees in Australia where strict rules are deployed by various leaders to monitor their workers. Work place culture in Australia seems to differ from that of its neighbors even the Anglo- Countries. This is competitive global world or business that pushes various market strategies and rules to be imposed to country’s business plan. According to research carried out by various business experts, workplace culture of Australia and the Australian neighbors (Finkelstein, 2009). One of the factors that bring about the difference is time. Actually, in Australia, it is an accepted rule for people to work for ten hours while other Australian neighbors; this is an exception that calls for additional compensation. Another factor that brings the leadership difference between the two countries is the relationship between a leader and his or her subordinates. It is pr esumed that this kind of relationship is formal and hierarchical while in other Australian neighbors, this does not seem to hold water. Actually, the Australian culture still remains to beat in the world being that they have their own mode of operation. Most of the countries share cultures especially those that are related or linked to business. Australians usually adjust their business culture in relation to that of their traditions and the activities of their land. An Australian CEO will rather spend much time on market shares and revenues that than the human resource issues (Meindl., 2005) This is due to their national business policy though the vice versa happens with the US CEOs. The Australians are the only people that major much on talent when it comes to business affairs. This kind of leadership strategy has helped in boosting their economic growth over the years hence meeting the global economic mark. Australia and other Anglo- countries are not based on business talent but the job experience and academic qualifications. This is one of the reasons as to why it is facing hard economic times due to poor leadership skills (Palestini, 2009). There are various leadership styles adopted by various countries but this depends on leadership culture and how a people of a given country perceive leadership concepts. Leadership theories are also applicable depending on the leadership style adopted by various organizations or a country’s general business structure (Parry, 2002). Some of the business styles may be in line with the business theories due to the fact that they are predetermined by the leadership theories. Some of the theories that are also considered to be business styles are transactional and transformational leadership theories. The Indians usually believe in transformational leadership theory. Apart from that, they also have their true leader description though this seems to be same among all countries around the globe. 1) Great man theory Th is theory claims that great leaders are born and not made. This theory came into existence by in the late 19th century (Winkle, 2010). Actually, some of the powerful leaders by them reached to a leadership conclusion after observing all the challenges in leadership and the manner in which they were curbed. Among some of these great leaders was, Abraham Lincoln, Mahatma Gandhi, Julius Caesar and Alexander the Great. Being