The Award Phase - You Decide Essay Example for Free

The Award Phase You Decide Essay Unfortunately the catering business did not generate the expected profits therefore you are in the process of dissolving the business. You have no use for the high quality cooking equipment that was leased for the catering business. You assume the chefs will continue in the cooking business and can use the equipment. It would be all right with you if they took over the lease. You understand there is no charge to remove your names from the lease agreement. However, you think the best all around solution is to terminate the lease for the kitchen equipment. You also do not think that the chefs deserve the capital because they caused the business to fail. You need to recoup as much as your investment as possible to open an alternative venture. You recently began to look at the possibility of opening a flower shop, although you have not yet done extensive planning for it. To do so you need capital. How will we split the $15,000 left in the investment? To be fair to our partners we will use the same capital distribution that was used at the beginning of the investment, Chris and Pat Smith, put $25,000 and the chefs put $10,000 up to total $35,000 for 100% of the shares. Each share is worth $350, therefore we own 55. 5% of the company while the chefs own $45. 5%. We are down to $15,000 in working capital, which has to be split amongst the partnership. If we split this capital according to the ownership percentage, we should receive $8,325 and the chefs should receive $6,675. We do not think the chefs deserve this share because they caused the business to fail due to elaborate high-cost dishes being sold at a low-price. Also we will need capital for our new flower shop venture; therefore we will give the chef’s $3,000 and keep the remaining $12,000. As negotiation leverage we will use the kitchen equipment lease agreement options. We cannot use the kitchen equipment in our flower shop, but it could be useful for the chefs to continue business. How to handle the lease on the kitchen space, which has 18 months more to run? We will need a rent space for our flower shop, and the store front of the catering business is large enough for us. The chef’s will want to keep the space because of the kitchen that is attached and the established business and customers who are familiar with the location. Therefore we should offer them to amend the lease in their name only and they should pay the $500 cost for this amendment. This would be the best solution due to the dissolve of the business relationship and difference in management styles. How to handle the lease on the van, which has 18 months more to run? We can use the van leased for our flower shop deliveries therefore we will keep the van. We will remove the chefs names from the lease for the van and offer them that we will pay the $500 for the amendment cost. To eliminate termination fees and to also redefine responsibility correctly for the van, this is the best option for our exit strategy. How to handle the lease on the kitchen equipment, which as six months more to run? All in all, you think it is better to leave the lease alone and just promise the chefs that you pay it rather than pay the fee for changing the names on the lease, terminating it, or paying the fee to assign it to them. You are concerned that if they took over the lease and then later could not make payments, you would still be responsible. We cannot use the kitchen equipment in our new flower business, so this makes a good negotiation point for us. Since the chefs will continue in the cooking business we will offer them to amend the lease in their name only in return of getting more capital for our new business. They can keep the kitchen equipment lease in their name if they agree to be paid $3,000 from the capital. This would be the best solution due to the dissolve of the business relationship and the chef’s getting the kitchen space. In conclusion for our exit strategy meeting with the chefs we will dissolve the business $15,000 in capital distribution; $12,000 will go to the entrepreneurs and $ 3,000 to the chefs. In regards to the well known store front, the chefs will take over the lease and pay $500 to amend the names. The van will go to the entrepreneurs and they will take over lease and pay $500 to amend the names. On the equipment the chefs will have immediate use for it and will take over the lease in conjunction with the kitchen space. We feel this is the most fair and best breakdown of the investment for both parties to move forward successfully.

Lightning Mine Vs Archangel :: essays research papers

The Australian novel, Lightning Mine, covers the development of an iron ore mine on a sacred land guarded by “Namarrkon'; in the Northern Territory. MDG/Global mining was very interested in the area, and sent their chief prospector, Aaron Shoemaker to investigate the land. Whilst Shoemaker is there, he sets off a chain of corporate and government tactics to ensure the development of the mine on the Aboriginal sacred site. These tactics, as you can imagine, were not overly fair to the Aboriginal people, and their only hope was through University of Sydney law graduate, Jarra Mariba. Quickly, the development of the themes and issues become clear, especially through the arrogant ignorance of the CEO of MDG/Global corporation portrayed by the author. “No stone is unturned in the name of progress';, states the CEO to Jarra, showing the clear message that nothing will stop the capitalist machine from destroying the sacred land. With full government support, the mine goes ahead, and quickly Shoemaker realises what this will lead to. The corporate tactics continue to ensure a smooth running of the mine, even to the extent of killing Mariba’s wife. The resolution of the book fits in well with the theme. Namarrkon: The Lightning Spirit, the guard of the sacred site, stirs up a freak electrical storm, and totally destroys the mine. Furthermore, the CEO, Sir Peter Gables, gets killed by the storm whilst in a helicopter trying to escape the wraith of the storm. Mariba gets shot, but is amazingly saved by Shoemaker, who is a changed man by this time. What the novel focuses on is that it takes a supernatural event to stop such capitalist progress, but it can happen. My International novel was set in a very different context, present day Russia. The book was extremely well done, and is about the opening of the Soviet achieves. Central to the story, is Fluke Kelso, a middle-aged former Oxford historian who comes into contact with an old NKVD guard who was present during Stalin’s final hours. The former NKVD officer tells Kelso of a little black oilskin notebook which stalin kept close, which lead into a race against time to find the book, as the news quickly spreads. The secrets to Stalin’s life open up, and soon a Stalinist/Marxist fanatic called Mamantov goes in search for Stalin’s famous unknown son, as well as Kelso, and an international reporter wanting a good story.

Mapp vs. Ohio Cort Case

Mapp V Ohio â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,† Mapp V. Ohio (1961) dealt with that very sentence of the constitution. Were the officers at fault or Mapp? This complex question has a complex answer one that puzzled the Supreme Court and led to a change in criminal procedure. The verdict was a strict interpretation of the constitution. The fourth amendment was relevant because the fourteenth amendment grunted due process. It was a very good decision, it protected the black minority who at the time were being routinely harassed and convicted for no reasons. This decision certainly did not stop that but it made it harder for the police to seize evidence unlawfully and put a stop to bad practice of law at the state level. The land mark Supreme Court ruling on Mapp v Ohio changed the way people thought of the fourth amendment and how it could be applied to protect the individual form unlawful search and seizure. Previously the law surrounding the fourth amendment’s protection from unjust searches was extremely enigmatic. Its application varied form case to case until the Weeks rule was enacted in 1914. The Supreme Court ruled that evidence obtained via an illegal search and seizure was not admissible in federal court. However the Supreme Court did not make the states adopt the Weeks rule. The legal loop hole it created made it legal for states to present and prosecute with evidence detained in an unconstitutional tactic. In Mapp v Ohio a case that brought all the questions into the spotlight. On May 23, 1957, three Cleveland police officers arrived at appellant's residence in that city perusing information that â€Å"a person [was] hiding out in the home, who was wanted for questioning in connection with a recent bombing, and that there was a large amount of policy paraphernalia being hidden in the home. † Ms. Mapp was living with her daughter when the police officers arrived and demanded entrance to her home. After consulting her attorney she did not allow them in without a warrant. The officer’s left leaving one man to watch the house. Three hours later the police came back with more officers. After breaking down the door they brandished a piece of paper they claimed to be a warrant. Mapp snatched the piece of paper and stuffed it down her shirt. After a short altercation the â€Å"warrant† was retrieved. Immediately following the confrontation the officers’ embarked on a top to bottom search of the Mapp residence. They found no evidence of the gambling equipment or the suspect in the recent bombing. Frustrated with the fruitless search the police focused on a suitcase they found tucked under a bed. Inside the suitcase were a small collection of pornographic pictures and magazines. In Cleveland it is illegal to possess obscene materials. She was tried and convicted of possession of obscene materials. The constitutional question is whether or not the rights of the fourth amendment are viable in state courts. The fourth amendment gives the people the right to privacy and protects them from unlawful searches and seizures. When the Warren court ruled in favor of Mapp, Justice Clark cited two constitutional amendments that protected Ms. Mapp. â€Å"Since the Fourth Amendment's right of privacy has been declared enforceable against the States through the Due Process Clause of the Fourteenth, it is enforceable against them by the same sanction of exclusion as is used against the Federal Government. He reasoned that because the states had to abide by the fourth amendment’s right to privacy then the exclusionary rule should also be applied to state courts. Clark also addressed the concern of letting a criminal go when he or she is legally not guilty because of the excusatory rule, â€Å"it is the law that sets him free† and that â€Å"nothing can destroy a government more quickly than its failure to observe its own laws. † The law must be observed in all instances where it is viable. In the case of Mapp v Ohio the Warren court overturned her conviction by a vote of 6-3. Justice Clark wrote the decision and argued because the fourteenth amendment guaranteed protection in state court then the fourth amendment excusatory rule was clearly enforceable in state court. Clark cited the fat that 26 states had already adopted the excusatory rule. The Supreme Court could no longer trust the state courts to manage themselves. With discrimination and ill practice extensively practiced throughout the states the population was becoming tired of it. The bulk of society was ready for this ruling years before it occurred. Justice Clark had a history of dealing with fourth amendment cases ruling in favor of the defendant in United States v. Jeffers. The counter argument to the verdict was described by commentators as â€Å"the most significant limitation ever imposed on state criminal procedure by the Supreme Court in a single judgment. † Clamming that â€Å"justice would be obstructed and limited by procedure† The court’s decision to find Mapp innocent was a liberal ruling. When the ruling was made many police officers did not respect blacks. Mapp was a black women and that was a big part of the case. In that time it was acceptable to search and seize Negros belongings without a warrant and it was done on a regular basis. It was liberal because it protected the minority taking power away from state governments and greatly limiting the ability for the police to gather evidence in unlawful ways. When the verdict came to fruition many of the states fighting this verdict were also heavily opposed to the Brown vs. Board of Education case. The connection being that these racist states were worried blacks would gain rights and they would no longer be able to seize their belongings unlawfully. Once again this law took power away from these racist state governments and gave power to the blacks who were regularly- being harassed and having there belongings searched and seized. Illegal search and seizure has been an issue that plagued the court system for years. Flurries of cases were brought to the Supreme Court before and after Mapp vs. Ohio case. Many cases were decided in favor of illegal evidence being applicable in court. Such as Carroll v. United States 267 U. S. 132 (1925) a case that denied the suppression of evidence because it was illegally seized. George Carroll and John Kiro were arrested for the transportation of alcohol in violation of the Volstead Act (national alcohol prohibition) and subsequently convicted. The Supreme Court upheld the decision by a vote of 6-2. Weeks v. United States 232 U. S. 383 (1914) created the excusatory rule and was the first trial where evidence was deemed to be not viable in court because of the way it was gathered. The excusatory rule has been dumbed down a lot from its original scope and applications, several cases have limited the fourth amendment in court. United States v. Calandra, 414 U. S. 338 (1974) limited the rule by allowing evidence to be used to convict a man who was a loan shark. They had a warrant to search and seize gambling paraphilia, when an officer discovered and seized several documents relating to a loan shark operation. When he was being tried for this offense Calandra attempted to suppress the evidence because it was not specified in the warrant. The Supreme Court ruled that it was appropriate for use in the court. Justice Powel mad the decision, Powell limited the scope of the exclusionary rule in holding that it did not limit the government's ability to use illegally seized evidence in â€Å"all proceedings or against all persons†. Holding that the duties of a grand jury would be substantially hindered by allowing a witness to invoke the exclusionary rule while offering only a minimal limiting effect on police misconduct. Although no cases completely overturned the Mapp v. Ohio ruling several more cases did limit the power of the rule in favor of the greater good and not allowing criminals to walk because of a procedural issue. The overall impact of Mapp v. Ohio is immeasurable. The American people won a victory for privacy and seriously limited police’s ability to gather evidence. This was a good interpretation of the constitution. The fourteenth amendment clearly states that everyone is entitled to the due process of law, â€Å"nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. † Thus making the fourth amendment applicable in state courts.

The Philosophy Of Student Diversity - 941 Words

Philosophy of Student Diversity As an inspired teacher of secondary education /special education, one of the ideas that most appealed to me was working with students of various ages and learning abilities. I’ve come to realize even more so now with the changing demographics in U.S. schools that we are becoming a very diverse population. Within my classroom student’s differences may consist of their academic level, cultural background, personality, religious beliefs, and the list goes on. Hence, in today’s classroom as a teacher it is important that I embrace, model the attitude to my students, and make positive use of diversity. When educators value diversity, we recognize and respect the fact that people are different and that these differences are generally a good thing. For example, when attempting to solve a problem, it is better to assemble a diverse team with many skills and many different ways of approaching the problem than it is to assemble a team that has all their strength concentrat ed in one area. If a student feels uncomfortable, unsafe, or not respected, then their chances of success in my class dramatically decrease. Therefore, as an educator I must provide students with an environment that is conducive to learning. I have a number of roles in my classroom; valuing diversity is one of the most important ones a teacher must fill. Establishing respectful relationships within my classroom is something I will make a priority from the first day of class until theShow MoreRelatedMy Philosophy Of Education As A Education864 Words   |  4 PagesEvery teacher has a different idea of how and what their students should learn. Therefore, every teacher has a different philosophy of education, and what purpose education serves in a child’s life. 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