Items filtered by date: December 2021
Family Nurse Practitioner
A family nurse practitioner is a registered advanced practice nurse with the skills and knowledge to manage and assess health issues in people of all ages, from birth to old age. They are responsible for implementing and facilitating health maintenance, disease prevention, restorative care intervention, and health promotion. In order to be qualified to offer the assigned roles as a family nurse practitioner, there are current issues and trends that one should be aware of. To start with, certification depends on one education as well as recognition of abilities, knowledge, competence, or skills developed throughout one’s specialization in family nurse practitioner practicing field (Mezey, McGivern& Sullivan-Marx, 2010).This means that a nurse will only be certified for what he has specialized in and what he proves to be competent in. For this, the NP should be aware of the health issues affecting families and how to address them.
Another major trend in credentialing is the Open Door 2000 Program by the American Nursing Credential Center that requires that nurses qualify for the two levels of credentialing namely Board Certified and Certified. This means that a family practitioner has to be first certified for completing the studies and qualifying with the required skills and competency in the field. This is followed with Board certification in which the family NP should prove to the board that he is qualified and fit to practice as a family NP. Certification is authorized by the Committee for Modular Certification and the Certification for Diploma and Associate Degree Nursing Practice committee. On the other hand, the board certification is by the Board Certification for Advanced Certification and the Baccalaureate Nursing Practice (Cowen &Moorhead, 2014).
The last issue of consideration is the fact that there are new credentials in the field. For instance a family NP who is a registered nurse with diploma or associates in his area of specialization is eligible for RN,C credential. This is different for a family NP with a higher RN,C or Bachelors since he qualifies for RN,BC (Catalano, 2015). One should thus know the credential he is after in order to determine the education level to pursue.
Catalano, J. T. (2015). Nursing now: Today’s issues, tomorrow’s trends. Philadelphia: F.A. Davis Company.
Cowen, P. S., & Moorhead, S. (2014). Current issues in nursing. London: Elsevier Health Sciences.
Mezey, M. D., McGivern, D. O. N., & Sullivan-Marx, E. (2010).Nurse practitioners: Evolution of advanced practice. New York, NY: Springer Pub.
Agency and Discrimination Law
To: Ted Moore, CEO Teddy’s Supplies
From: Independent Human Resources Consultant
RE: Appeal on Virginia Pollard Case
The memo is meant to respond to your request in which you required the facts surrounding Pollard’s alleged sexual harassment case and the potential liability for the company. It is important to know the liabilities the company is exposed to, the probability that it will be held liable, and the worst case damages that can be imposed. Pollard might be base her accusation on the violation of Title VII of the Civil Rights Act of 1964, which does not allow sex discrimination in the workplace. This Act also allows her to mention the hostile environment at the workplace. This is a form of discrimination in terms of unwelcoming physical and verbal conduct, which should be constitutionally protected. Further, she might support her allegation by quoting Faragaher v. City of Boca Raton in which the court ruled out that the supervisors has unchecked authority of their juniors, which was unlawful. This is because the company is held liable for the employees’ conduct.
Mr. King, Pollard’s supervisor posed a hostile environment for Pollard. This environment included sexual harassment aspects. This includes all the pranks she fell victim of when working in the warehouse including the truck reading “HARDHAT REQUIRED/BRA OPTIONAL”. In this case, the workplace environment is uncomfortable for Pollard. Additionally, Mr. King and his male subordinates violated the sexual policy statement in the company. The policy holds that there is zero-tolerance to any form of harassment. The management overlooked this harassing behavior when firing Pollard. The sexual harassment incidents included the pressure on Pollard to show her bra, Mr. King’s overlooking of the reported incident by Pollard that she was picked by the male employees, and all the spanking incidents. Although Pollard did not file a complaint as required in the company policy, it is evident that she suffered from sexual harassment and the company is liable for the actions of the perpetrators. According to the EEOC, offensive conduct of harassment includes offensive jokes, offensive pictures/ objects, slurs, insults/ put-downs, epithets/ name calling, mockery or ridicule, intimidation, and physical assaults/ threats that interfere with one’s work performance (Sigal& Denmark, 2013).
The damages associated with these claims include monetary compensation and apology letters. All the male employees who sexually harassed Pollard including Mr. King should apologize to her through a letter. The management is also required to write an apology letter for overlooking the harassing actions of the male employees. She should also be retained in her earlier job position.
How Title VII applies to this Fact Scenario
In SEC. 2000e-2 of Title VII, it is unlawful for an employer to discharge an individual of discriminate him/her based on gender among other factors (Solotoff& Kramer, 2014). This was the case for Teddy in which Pollard was discharged of her duties as a result of her gender. The accusations made against her resulting to her dismissal are not valid. The law also requires that the employer does not classify his employees in a manner that will affect the status of an employee as a result of her sex. This is the case here in which Pollard is grouped with men who make her workplace environment hostile. This Act was violated since Teddy did not hold its male employees liable for their actions but rather considered Pollard guilt of the claims and dismissed her from work. Even though she had not filled the sexual harassment form as per the policy, the company is liable for the harassing behaviors of its male employees.
Appellate Level U.S. Cases that Discuss Sexual Harassment and Title VII, and Pertain to this Case
One of the best cases applying in this case is Faragaher v. City of Boca Raton(Faragher v. City of Boca Raton (97-282) 524 U.S. 775 (1998)) in which the court ruled out that the supervisors had unchecked authority of their juniors. In this case, Faragher resigned from her position after her supervisors Silverman and Terry created a sexually hostile work environment for her (Temple University, 2001). The supervisors made sexually harassing utterances to their female juniors. This case applies to the unchecked behaviors of Mr. King. Since he is Pollard’s supervisor, he should not take advantage of his position to collude with other male employees to sexually harass her. He should not look for any opportunity he gets to make Pollard’s life unbearable. This is what Mr. King and other male subordinates do through the pranks, the spanking, the written words on the truck, and forcing her to remove her bra.
Another case applying to this incident is Burlington Industries, Inc. v. Ellerth. In this case, Ellerth alleges that she was subjected to frequent sexual harassment by her supervisor, Slowik. Even though Ellerth does not fill the company policy form on sexual harassment or report to her immediate supervisor as the company policy requires, the court ruled in her favor. This was because Slowik had made her workplace environment hostile and uncomfortable(United States&Anzalone, 2002). This is the same case for Pollard who has not filled the company policy form on sexual harassment. However, the company is still liable for the unchecked behavior of its employees.
Ways to ensure that future employees cannot claim "technical issues" for not filing a complaint. Explain, in your recommendations, the legal consequences to an employee if they do not utilize the complaint mechanism of the sexual harassment policy
In order to prevent technical hitches that can prevent employees from filling the policy form and filing the complaint form as required, the company can have such forms send to the individual email addresses of the employees. This way, each employee will have access to the form anytime he wants it. The company can also have the form provided on the website, not as a form to be downloaded but as a ready to use form. The employee would only need to go to the website and find the form ready to use. The other option would be to have the form as a hardcopy and with easy accessibility for the employees. Employees are required to fill the complaint form as the company policy requires. However, this does not mean that the court would not rule in favor of the sexual harassment victim if there are valid reasons. However, failure to fill the complaint form would add to the defense of the company because the case was not brought to their knowledge.
Would Pollard’s case be affected if her replacement was female? If so, how? If not, why not?
If Pollard’s replacement was female, it would mean that the company does not discriminate against female employees. It would be evident that the company values female employees as much as it does for male employees. However, this does not change the fact that Pollard was sexually harassed. The case would still remain that she faced sexual harassing incidents and qualify for compensation and have her position back.
Sigal, J., &Denmark, F. (2013).Violence against girls and women: International perspectives.Santa Barbara, California: Praeger.
Solotoff, L., & Kramer, H. S. (2014).Sex discrimination and sexual harassment in the workplace. New York, N.Y. (345 Park Ave. South, New York 10010: Law Journal Seminars-Press.
Temple University.(2001). Temple law review. Philadelphia, PA: Temple University School of Law.
United States.,&Anzalone, C. A. (2002). Supreme Court cases on gender and sexual equality, 1787-2001. Armonk, N.Y: M.E. Sharpe.
Case Study :control component that is missing is risk assessment and monitoring
The internal control component that is missing is risk assessment and monitoring. In this case, the internal control weakness revolves around the management in respect to designation of duties. After authorizing the purchases, there should be another officer who evaluates the delivery of the diamonds, and then an invoice should be issued to the supplier. The accounting officer is one who should be responsible for the payment and not the purchasing agent. Allowing the purchasing agent to authorize the payment increases the chances of fraud. In addition, the signing the checks and approving payment is a sensitive issue that should be monitored closely by the management (Arwinge, 2013). This is based on the fact that financial matters are the heart of the organization and any misappropriation of funds can be very expensive to Yankee Manufacturing.
In the case, there is no supervisor who plays the role of monitoring the activities of the purchasing agent. Thus, it is the agent who fill all the data regarding the purchasing of the diamonds. It is important to note that, when there is no one to monitor the activities of the agent, the agent can end up defrauding the firm. Monitoring is very important component of the organization that ensure that only correct and verifiable information is recorded in the books of account. The solution to this problem is to delegate the supervisor a role to enhance accountability and monitoring of the activities of the purchasing agent.
The internal control element which is missing is control. this is because in the office, there are no control measures that define the chain of command when Rachel Williams is not in the office. As a result, when she is not around, those who are left behind have conflicts of interest. This is reflected by the two senior architects who take control of the office. Thus, they end up neglecting their duties, whereas only one employee can effectively manage the office. Lack of control of the office environment by Rachel results to the situation that can result to failure of the architectural firm (Harrer, 2008).
Another internal control element missing in Rachel’s office is lack of effective communication and information. In a categorical way, Rachel should be in a position to communicate effectively the chain of command and give instructions that should be followed to the letter. In the case, communication is a problem in the office, as a result, the two senior officers cannot communicate with one another and agree on who should take the management role of the office in the absence of Rachel. The solution to this problem is for Rachel to communicate effectively the chain of command so that, in her absentia, there is only one person who controls the office.
In this case the missing component of internal control is control of activities. This is because there is only one person who performs all the responsibilities. In City of Southport, there are many activities that require other employees to be employed and to perform different tasks. Giving all responsibilities to one person can have some adverse consequences on the individual (Needles Powers & Crosson, 2010). Thus, it is imperative that the city to employ other employees. For instance, checks for amount exceeding $5,000 require more than one signatory. The solution to this problem is to have more employees performing different tasks.
Arwinge, O. (2013). Internal control: A study of concept and themes. Heidelberg ; New York : Physica-Verlag.
Harrer, J. (2008). Internal control strategies: A mid to small business guide. Hoboken, N.J: Wiley.
Needles, B. E., Powers, M., & Crosson, S. V. (2010). Financial and managerial accounting. Mason, OH: South-Western Cengage Learning.
Top of Form
Core Competencies: care provider advanced role and non-direct care provider
As noted by Troseth(2012), both direct care provider advanced role and non-direct care provider advanced role are common in core competencies in that they should employ evidence based practice, utilize informatics, and apply quality improvement measures. Further, the two need to have doctorate of master’s degrees in nursing even though each should specialize in his/her field of practice.
Nevertheless, the two are different in a number of ways. According to Task Force Members (2013), direct-care workers are the healthcare workers who provide long-term personal assistance and care to people with disabilities or with chronic illnesses or elderly. The main role of these healthcare workers is to help the clients perform their daily tasks such as bathing and dressing among others. They are very important in the lives of the people they serve as well as to families of those people. These nurses are required to evidence some core competencies that make them successful in their practice. These core competencies include scientific foundation competencies, leadership competencies, quality competencies, practice inquiry competencies, technology and information literacy competencies, policy competencies, and health delivery system competencies. Other groups of competencies are ethics competencies, independent practice competencies. The major titles for direct care provider in advanced role are clinical nurse specialist, nurse practitioner, nurse-midwife, and nurse anesthetist. The nurse is this category should have high level skills in assessment, treatment, and diagnosis of potential health issues, prevention of diseases and injury, provision of comfort, and maintenance of wellness. One should hold a doctoral or master’s education level with clinical ad supervision experiences.
On the other hand, while nurses preparing for non-direct roles require masters and doctorate level of education just as is the case for those in direct roles, they further need to receive focused clinical experiences and education in the areas of specialization. They not only need opportunities to practice in the specialty areas but also have ample time to conduct adequate research in the respective fields (Troseth, 2012).
Task Force Members.(2013). Population-focused nurse practitioner competencies.Retrieved from http://c.ymcdn.com/sites/www.nonpf.org/resource/resmgr/Competencies/CompilationPopFocusComps2013.pdf.
Troseth, M. (2012).Nursing informatics: Roles, competencies, skills, organizations and legislative aspects.Retrieved from http://www.aacn.nche.edu/qsen-informatics/2012-workshop/presentations/troseth/Roles,_Competencies,_Skills.pdf.
How might “The Storm” depict naturalist ideas?
The Storm was written in 1898 by Kate Chopin but was published in 1969. The short story revolves around two adulterous lovers whose passion for each other is facilitated by the existence of the storm. The story reflects naturalist ideas because the idea of naturalism literature evolved around 1880 until 1930s. Naturalism entails telling the reality about the social conditions, environment and heredity, which are factors crucial in shaping the character of individuals. This essay evaluates the extent to which The Storm reflects naturalist ideas.
The Storm is a sexuality story, a topic that was not discussed freely in the 1890s; however, it remained popular among those living at the time. Sexuality has been part of humanity but not discussed freely until in the 20 century. However, Chopin finds it a nobble idea to inform the people about this natural ideas that has existed in the society through The Storm. Thus, Chopin displays how Calixta is afraid of the storm and how Alcee makes her confortable during the storm. This displays the manner in which the woman, Calixta was afraid of cheating on her husband but since she was sexually starved, Alcee was able to satisfy her sexual desires in an incredible way. Alcee on the other had is sexually deprived because her wife lives far away, however, since Calixta can satisfy her, he is comfortable with her wife’s absence.
In the story, is apparent that the idea of extra marital affairs is naturism ideas that have existed since time in memorial; however, they have not been discussed openly. Through Chopin’s The Storm, sexually is displayed a natural idea that clearly shapes the character of humanity.
Chopin, K. (1974). The storm, and other stories: With the awakening. Old Westbury, N.Y: Feminist Press.
The Storm by Kate Chopin
The Storm by Kate Chopin is an 1898 fictitious short story whereby dialects are evident. In the short story, Bobinot, the husband to Calixta is displayed as a loving father to his family as he waits for the storm to abate and buys a present for his wife. Contrary, Calixta and Alcee are displayed as adulterous individuals who take the advantage of the storm to satisfy their sexual desires. In the story, social hierarchy is evident as Alcee takes the top position, followed by Calixta, and Bobinot is last of the three. The social hierarchy plays a critical role on the behavior of characters. This is because it is Alcee’s high social character that triggers him to have sex on another man’s bed.
The storm triggers sexual passion between the two former lovers. This is because Calixta invites Alcee into the house as the storm gets worse. Upon being embraced by Alcee when the lightning strikes, Calixta relaxes as she remembers her love for Alcee. Therefore, the storm is the key factor that brings the two former lovers together.
The argument by W.D. Howells that all realist fictions are good and end with a moral lesson is false because in the case of the Storm, he does not chastise the Alcee or Calixta. Calixta is displayed as responsible mother or attentive wife because she is adulterous. Thus, not all realists are good because although The Storm is a realist, it reflects the manner in which Calixta and Alcee are adulterous and try to use any opportunity to satisfy their sexual desires, while both ignore that they are married.
Chopin, K. (1974). The storm, and other stories: With the awakening. Old Westbury, N.Y: Feminist Press.
Business Law: Family and Medical Leave Act of 1993
- Evaluate how the provisions of the Family and Medical Leave Act of 1993 apply to situation A. explain whether or not a violation has occurred in situation A.
The Family and Medical Leave Act of 1993 apply to a permanent employee. There are so many clauses for this ACT but the one applying to this case is that of an employee who is a parent and thus given 12 administrative workweeks off work as leave during any 12-month period when he/ she has a newborn child and needs to take care of the newborn child. This implies that an employee cannot go for more than o a single 12-workweek leave with one year, 12 months. The law also allows the employee to take the leave on a continuous basis unless there is an arrangement with the employer to take in or a reduced basis or intermittently. It is possible for the employer to ask for a statement that the employee is required to take care of the newborn child. After returning from leave that is legally granted, the employee is expected to be restored by the employer to the earlier held position before the leave or to an equivalent position from where the employee enjoys equivalents benefits, status, pay, and other employment terms and conditions. Further, with the leave being taken legally, under section 6382 of the Act, the employee would be entitled to all employment benefits accrued before the leave started. This implies that the employee is not entitled to accrued employment benefits during the leave period (Arnesen, 2007).
Considering the sections of the Family and Medical Leave Act of 1993 and the presented situation in situation A, it is evident that no violation had occurred. This is because the ACT provides job-protection for employees who are given a 12-week unpaid leave. What is required is that the job of the employee is protected. Upon returning to the company, he should be given back the earlier job or an equivalent position from which he should enjoy equivalent employment benefits. This is what happens to Employee A. Company X has agreed to grant the employee a family leave to take care of his newborns. He was entitled to a 12-week leave and this means that he can arrange with the employer to take one-week later in the same year. The company has restored the employee’s job position because he has taken him back to his earlier position and with the earlier rate of pay. This is an indication that the company has not violated the Act. Further, the company has a right to deny the employee the 11 weeks’ withheld salary since this is not provided by the law. The Act requires an employee to be given unpaid leave but the job is protected.
- Analyze situation B regarding the Age Discrimination in Employment Act of 1967. Explain whether or not a violation has occurred in situation B.
The Age Discrimination in Employment Act of 1967 is meant to protect old employees (aged 42 years and above) from employment discrimination. This Act was formulated because older workers have difficulties to retain their employment or get new employment after displacement of jobs. The Act has a number of sections that are required to protect old employees from any job discrimination that is based on his age. The employer is answerable to the law if any discrimination in the job is based on the employee’s age rather than on other abilities. This Act is meant to promote employment of the old employees based on the ability and not their age. It is considered unlawful for the employer to discriminate an employee with respect to employment privileges as a result of the employee’s age (Buckley, 2014). It is also unlawful for an employer who deprives an employee of employment opportunities as a result of his age.
As explained in situation B, Company X fails to promote Employee B because of his age while there are other appealing aspects of the employee. It is notable that even though he is aged at 68 years, he has worked for Company X for 42 years. Additionally, during the last months, review, the employee had excellent performance. He beat all the targets reporting an above average performance. Considering the length of time Employee B had served in the company as well as his performance, he is entitled to any promotion that comes his way. His lack of promotion does have to be denied because of his age. Since he has not reached retirement age and his performance is admirable, he can still serve the position in a higher position that he can manage. This makes Company X liable for violating the Employment Act of 1967 with respect to age discrimination. If Employee decides to sue the company or it reaches the act of law what the company did, it would be charged with discrimination.
- Analyze situation C regarding the Americans with Disabilities Act of 1990. Explain whether or not a violation has occurred in situation C.
The Americans with Disabilities Act of 1990 prohibits discrimination that employers can have against people with disabilities in different sectors of the economy including in employment. The Act requires that the needs of people with disabilities are addressed, employment discrimination against them is prohibited, and they are free to be employed in public services, telecommunications, and public accommodations. This Act was formulated because physical/ mental disabilities cases are increasing in US with these individuals continuously isolated and segregated in pervasive and serious ways. Discrimination of people with disabilities is in different forms but for the matter of the situation at hand, it will be analyzed in terms of discriminating persons with disabilities by failing to make modifications to the existing practices and facilities (Malesich, Begley, Rodin& University of Texas Health Science Center at Houston, 2008). The Act is thus meant to protect persons with disabilities from any form of discrimination at the workplace. This way, people with physical disabilities for instance should be able to serve in the same positions as people without disabilities. All is required is that the people with disabilities have cognitive abilities to handle the work and thus with modifications of the practices, they are able to serve as normal people do.
In situation C, Applicant C requires a wheelchair as a result of paralysis in order to fit in the job that requires movement around the entire company. The applicant also requires modified elevators so that he can access the seven floors of the company building. However, Applicant C is denied the employment because of the cost to the company once he is hired. In this case, the company has violated the Americans with Disabilities Act of 1990 since it is required that a person is denied employment as a result of his disability. The employee needs to be accommodated in the job through modifications of the equipment that will enable perform just as normal employees do. His cognitive ability allows him to fit in the job and thus he should not be denied the vacancy simply because he is disabled. The company should hire him and meet his conditions that would make the employee as flexible and mobile as the job requires.
Arnesen, E. (2007). Encyclopedia of U.S. labor and working-class history, volume 1. New York: Taylor & Francis.
Buckley, J. F. (2014). Equal employment opportunity compliance guide.London: Kluwer Law International.
Malesich, L. L. H., Begley, C. E., Rodin, A. S., & University of Texas Health Science Center at Houston. (2008). Policy analysis of the Americans with Disabilities Act of 1990 and federal funding concerning barrier-free playgrounds.(Masters Abstracts International, 47-1.)
Forms of Business Organizations
There exist different types of businesses that are operated across the globe and each type of business has different and unique characteristics. Thus, one business owner may prefer one type of business while the other prefers the other typing after considering key characteristics such as liability, profit retention, expansion, control, and income taxes. This paper evaluates the characteristics of six business types that include sole proprietorship, general partnership, S-corporation, C-corporation, limited partnership, and Limited Liability Company
- Sole Proprietorship
According to Sitarz (2011), sole proprietorship is a form of business that is controlled and owned by one natural person. That means there are no differences between the business and the owner. That means the liabilities of the business can be extended to the personal assets of the owner of business, which is among the greatest disadvantage of the owner of the business. Other disadvantages are the sole proprietor business are normally family business and in most cases, may fail to continue after the death of the founder of business. This is because there may lack a competent person or the spouse may decide to dissolve the business. The business owner must comply with the legal environment of different states, and in some states the owner may be required to fill a ‘doing business as’ for authorities to be able to monitor the activities of the business.
Among the greatest advantage of sole proprietorship is that the owner has complete control of the operations of the business in respect to financial input and expansion. More so, the owner has to right to retain all the profits after paying the stipulated state and federal personal taxes. Therefore, there is not effect on the return on investment.
- General Partnership
General partnership is a form of business formed by two or more persons who share the liability and responsibility in equal proportion. In this form of business, both owners are responsibility for liabilities of the business losses but not to the extent of their personal assets. This is in compliance to the 1997 Revised Uniform Partnership Act, section 201. However in some states, there exist disparities on whether the business liabilities should be extended to personal assets of the owners. The partners have equal right of control of the business. While the partners are required to share the profits equally by default; however in some instances, the partners may have a formula to share their profits and losses as the partnership agreement. The formula does not affect the returns on investment because it is mostly determined by the capital contribution of individual partners. The continuity of the partnership ends upon the death, withdrawal, or disability to the extent of being able to perform duties of one partner. The expansion of the business is defined by the agreement of the partners. In case they agree to expand of different states, they taxation of the respective state may either favors them or cost them (Miller & Jentz, 2010).
- Limited partnership
The limited partnership has some similar characteristics to general partnership; however, there is some or one general partnerthere are several or one limited partner. This form of partnership stipulates that at least one partner is a general partner. The general partners shares the same obligation as the case of the general partnership in respect to sharing of responsibilities and profits, control, and in regards to the general liabilities and debts of the limited partnership. That means they are the actual agents of the limited partnership. Depending with the state of operation, limited partnership is sometimes referred to as silent partnership.
In the limited partnership, the limited partners enjoy limited liability, more so, in case the business goes bankrupt or are sued; their liability extends to their level of investment. The limited partner becomes liable when he/ she commits a mistake as individual, but cannot be sued as an individual. In regards to control and making expansion of major business decisions, the limited partner has limited roles.
The major advantage of the general partner in the limited partnership is that he/ she manages the business. The general partners make major decisions in regards to control, expansion, and all main operations of the business. The major disadvantage is that the liability of the general partners extends to the personal property even if they had nothing to do with the mistakes (debts and other liabilities. The end of the limited partnership occurs when one partner dies, becomes insane or the members of the partnership agree. It is imperative to note that, besides conforming to the states of the operations laws, in the United States of America, the limited partnership should conform to the uniform limited partnership act amendments of 2001. Within the partnership, the profits are shared in regards to the partnership agreement, and that does not an effect on the returns on investment (Lewis, Chomakos, & American Bar Association, 2007).
According to Schlesinger (2007), in the United States of America, a C-corporation is a firm that is taxed differently in its owners. They are required to confirm to the United States federal tax law. This form of taxation adversely affects the returns on investment because of the double taxation. The owners of the C-corporation may be either domestic or foreign shareholders. The control of this form of business is left to the directors, while the continuity of infinite, as long as the business remains financially stable. There are retained earning that are deducted from the net profits after which the remaining profits are shared in respect to the number of shares one owns, and are referred to as dividends. The C-corporation must comply with the tax rate schedule preset by the internal revenue service. A firm may expand beyond states but comply with the business regulations within that state.
- S. Corporation
- Corporation is a corporation that differs from C. Corporation because the shareholders do not pay federal income taxes. They are recognized by laws under which they are formed. They are formed to ensure the few owners enjoy the benefits associated with corporate. The S. Corporation continues to run infinitely as long as they are profitable. They are controlled by board of directed elected by the shareholders. They are also regulated by the United States of America internal revenue codes. A certain percentage of profits are retained, while the remainder is shared as profits. The expansion of S. Corporation is limited to the state because it will be required to be registered as a new entity in the other states. Among the general compliance issues includes that it must be formed by than 100 shareholders, must has a nonresident alien who happens to be a shareholder, and must have different classes of stock (Schlesinger, 2007).
- limited Liability Company
Refers to a private company that is a company that providers limited liability to its owners; thus, it is form of a partnership or sole proprietorship that has limited liability and combines their pass through taxation as a corporation. Therefore, limited Liability Company does not qualify to a company but a legal company that may not necessarily be formed for profits. It is more flexible than an organization but the shareholders are only of debts and liabilities to the extent of their investment. The continuity of the form of business is unlimited, and the directors are required to run it. In most cases, the limited liability companies can expand beyond their states; however, there are many taxes and laws to be followed (Sitarz, 2011).
- memorandum analyzing the findings
The best form of business to be used in the given situation is the limited liability company. This is because the shareholders have limited liability and the business can run for unlimited period of time as long the shareholders find it reasonable to continue running the business. More so, it is regarded as a pass through income taxation and thus the income tax flows to the shareholders. The profits are shared among the shareholders as defined by the treasury regulation. Some states allow the limited companies to be owned by one natural individual. The major problems with this form of business are that it faces many jurisdictions and high renewable fee. Nonetheless, compared to other forms of business, this is the most appropriate organization.
Lewis, D. T., Chomakos, A. C., & American Bar Association. (2007). The family limited partnership deskbook: Forming and funding FLPs and other closely held business entities. Chicago, Ill.: Section of Real Property, Probate and Trust Law, ABA.
Miller, R. L. R., & Jentz, G. A. (2010). Fundamentals of business law: Excerpted cases. Mason, OH: South-Western Cengage Learning.
Schlesinger, M. (2007). Practical guide to S Corporations. Chicago: CCH.
Sitarz, D. (2011). Sole proprietorship: Small business start-up kit : the ultimate guide to starting a sole proprietorship. Carbondale, Ill: Nova Pub. Co.
Nadel v. Burger King Case
- What court decided the case in the assignment? (10 points)
The case was decided in the court of appeal after the Nadels appealed. This is the court that is responsible for affirming and/ or reversing the ruling made by the first court.
- According to the case, what must a party establish to prevail on a motion for summary judgment? (10 points)
The movant should demonstrate that no genuine issue of material fact is left litigated, any material fact that is eligible to judgment as required by law. The material fact should be from the provided evidence and should support the evidence as it appears to the nonmoving party when viewed from his strong point of view. The provided material fact should also be in a manner that all reasonable minds would come to a single conclusion and the conclusion should be confrontational to the nonmoving party. When the moving party seeks summary judgment based on the fact that the nonmoving party would not prove its case, the moving party is obligated to inform the trial court of the motion basis and identify the record portions that prove the absence of a candid issue of material fact on any significant element of the claim by the nonmoving party pointing to some specific evidence that proves that the nonmoving party has no sufficient evidence to support the claim. After meeting all these obligations, the moving party should provide evidence on the issues at trail by setting specific facts and demonstrating existence of issue of fact that can be tried.
- Briefly state the facts of this case. (10 points)
The case is between plantiff Paul Nadel and the family (the wife, son, and two daughters) and defendant Emil, Inc. and Burger King Corporation (BK). Paul was driving his children to school in the company of his wife when he stopped for breakfast through the drive-through window service. The breakfast had sandwiches, drinks, and two coffee cups. The two cups of coffee were served on a cardboard container meant for four cups and thus the two served cups were placed on opposite diagonal corners. Upon tasting the coffee, Evelyn, Paul’s wife, found it too hot to drink and with the lid of the cup jiggling off as she lifted the flap, the hot coffee burned her on the right leg. Evelyn thus bended the flap of the lid to cover the cup and placed it on the car’s floor next to Christopher’s (her son’s) foot. Immediately, Paul drove off as he took a left turn on the street, Christopher started screaming that he was burned. It is at this time that Paul, Evelyn, and Christopher realized that both cups had tipped and hot coffee burned Christopher’s right foot resulting to his treatment for second-degrees burns. The cups, the container, and the lids are not in the record.
Nadels had several complaints namely breach of merchantability warranty and breach of fitness warranty because the coffee was too hot to drink, liability for defective product as well as failure of warning people of the dangers of handling such hot coffee, and negligence by failing to inform employees on how to serve such hot coffee and warning the customers to handle the hot drink with care. Emil moved for summary judgment arguing that that no sincere material fact was in existent. To support this claim, Emil cited Paul’s testimony that the coffee is served hot, he expected it to be served hot, he was aware that Emil’s is served hot, hot coffee can burn anyone it spills on, and whoever is handling hot coffee should be careful. Emil also provided the manual that required coffee to be served at 175 degrees. BK’s summary judgment was similar to that by Emil that coffee is a hot beverage and thus is served hot. For BK, negligence was on Evelyn’s and Paul’s part. Nadels opposed the motions for summary judgment arguing that Emil and BK were aware that such hot coffee could lead to second-degree burns. The summary judgment motion was granted by the trail court but the Nadels appealed.
- According to the case, why was this not a case of negligent infliction of emotional distress? (10 points)
For a case to be considered that of negligent infliction of emotional distress, the negligence of one party should have created actionable emotional distress to the other party. The emotionally distressed person should be unable to cope adequately with the caused mental distress. Claims of negligent emotional distress by Evelyn and Nadel are based on Evelyn’s statement that she was worried. However, Evelyn’s worry did not require psychological treatment. Paul also states that as he was receiving psychological treatment for depression as a result of his divorce he thought of the incident does not mean that the incident is a contributing factor to his receiving counseling. The two are thus unable to provide evidence that they were unable to cope with the mental distress the incident caused and thus the case cannot be considered as negligent infliction of emotional distress.
- What tort did the court approve? (10 points)
The approved tortisthe punitive damages even though the plaintiffs did not provide adequate evidence to support their claims. In this case, Emil and BK were found liable to compensate the Nadels because negligence on their part. As the manufacturers or suppliers of hot coffee, they should have ensured that the coffee was served in containers that were safe. The punitive damages were based on the likelihood of the manufacturer’s misconduct leading to serious harm, the extent to which the manufacturer is aware of this likelihood, the conduct/ attitude of the manufacturer after learning of the misconduct, and the financial condition of the manufacturer.
- According to the case, why didn't the court approve summary judgment for product liability claims? (10 points)
The product liability claims were based on design defect and failure to warn of danger. Design defect claims rule when the risks surpass the benefits. Winning in the issue of design defect should be after the Nadels prove that the coffee was excessively hot than an ordinary consumer would expect it to be. This is something the Nadels are unable to prove. Their only evidence is the second-degree burns suffered by Christopher. Nevertheless, the fact that the coffee caused second-degree burns makes it excessively hot and thus the court cannot approve the summary judgment. On the issue of the coffee being defective, the Nadels argue that the coffee was excessively hot and still lacked a warning to this. However, a product does not become defective because of lack of warning. Even with this, the court did not approve the summary of judgment because it was not obvious that the coffee could result to the severe burns and that the Nadels knew of this danger.
- Do you agree with this decision? Why or why not? (5 points)
I agree with the decision that the court approved certain summary judgments and disapproved others. BK and Emil knew that they were handling excessively hot and thus a drink that could pose danger to anyone handling it. Even though the case was not considered a negligent infliction of emotional distress, the product liability claims were valid. BK and Emil should have instructed the employees to warn the customers of the danger of handling excessively hot coffee. It was excessively because it caused second-degree burn on Christopher and this knowledge was not obvious to the Nadels. BK and Emil should have either verbally warned the customers of the dangers they were exposing themselves to by buying such hot coffee or have it written on the coffee cups.
The Real Issues in Vaccine Safety
While vaccines have been considered safe for so long, they are linked with rare but serious side effects as well. A good example is that given by John Salamone about his son, David, when he immediately became weak and unable to crawl after administration of oral polio vaccine. David contracted polio from the polio vaccine as a result of weakened immune system. Since then, it was unknown that the polio vaccine could cause polio to one case out of 2.4 million doses. Nevertheless, vaccines face strict safety standards when compared to other pharmaceutical products since they are administered to healthy people especially children (Kwok, 2011). Even though they have low risks vaccines are still feared through public imagination.
There have been arguments against vaccines even by experts. A good example is the case of Andrew Wakefield, whose surgeon license was revoked after unfounded claims against the safety of MMR vaccine. There are also scientific works geared towards uncovering the real side effects of vaccines. False links are also given such as that linking MMR vaccine to autism. Nonetheless, vaccines carry risks such as rashes/ tenderness, fever seizures known as febrile convulsions, and severe side effects for those with compromised immune systems. Even with rare severe side effects of vaccines, there is need to do research so that people believe in vaccines. This is because vaccines that are used currently are still believed to lead to some diseases. For instance, H1N1 vaccine administered between 2009-1010 was linked to narcolepsy(Kwok, 2011).
Similarly, a rotavirus vaccines was suspended in US in 1999 as a result of 15 cases of intussusception in vaccinated infants. Since rotavirus is a live-virus vaccine, it is likely to cause swelling of the bowel lymph nodes thus increasing contraction and eventually lead to infolding. Administering a combination of measles, mumps, rubella, and varicella vaccine is also associated with febrile convulsions and is thus advised to be administered separately; varicella and MMR vaccine separately. With all these controversies, there is need for researchers to investigate possible safety issues as soon as possible(Kwok, 2011). This is because with delayed results, it will be difficult to build up trust with the public once more.
There is also need for thorough and faster decisions with incomplete data. This is because the caution by the authorities even though wrong might make the public worried. The public is more worried with suspension of a vaccine. They remember the threat more than the resumed vaccine. This was the case in US after the government pushed for removal of thimerosal from vaccines even there was no adequate evidence that it resulted to risks. However, for the public, it must have been a problem for it to be removed(Kwok, 2011).
A good ethical issue is that presented by John Salamone regarding his son, David, who became weak and unable to crawl some few hours after administration of the oral polio vaccine in 1990. It was later argued that he had a weak immune system and that is why he contracted polio from the vaccine(Kwok, 2011). The issue in this case is that there was a safer and inactivated polio vaccine that could be used on David. However, people were not informed of the risk the oral polio vaccine could have on children with compromised immune system. The public was uninformed of the risk of one case of contracting polio disease out of 2.4 million doses administered. This is an issue that has made the public worried since they do not know the severe side effects of the vaccines they use and the likelihood that they will suffer from those severe issues.
Kwok, R. (2011). The real issues in vaccine safety: Hysteria about false vaccine risks often overshadows the challenges of detecting the real ones. Nature, 473, 436-438.