Business Law Case Study Example | Topics and Well Written Essays - 250 words - 1

Business Law - Case Study Example During the exam, Grothe asked Eelbode to do an exercise and during it Eelbode experienced immediate sharp and burning pain in his lower back and down the back of his right leg. Consequently, Eelbode filed a suit in a Washington state court against Grothe and Chec, claiming that he was injured because of an improperly administered back torso strength test. Based on the exculpatory document signed by Eelbode, Grothe and Chec filed a motion for summary judgment. The issue is whether the court should grant the motion and consider the exculpatory clause valid. RULE:Â   An adhesion contract is a legally binding contract, presented by one party to the other in a standardized form which contains clauses written exclusively by one party, without them being properly negotiated with the other party. This is the result of unequal bargaining power and causes unfair consequences to the adhering party. APPLICATION: The agreement signed between Norbert Eelbode and Grothe and Chec is an adhesion contract which did not offer Norbert the opportunity to negotiate its clauses. Norbert did not have a choice to sign or not to sign the exculpatory clause as he needed to pass the medical exam in order to get a job at Travelers Inn. Therefore, he was forced by the circumstances to sign the contract. Agreeing to that clause would not have been a problem if the physical injuries suffered by Norbert would not have occurred during the improper strength test. The exculpatory clause signed by Norbert actually forced him to give up any legal method of protecting his rights and repairing the suffered damages. This is unfair to Norbert, and, therefore, the agreement signed by him and Grothe and Chec is an adhesive one and should not be enforced. CONCLUSION: The court should consider the agreement signed by Norbert Eelbode an adhesive one and should not enforce it. Therefore, the exculpatory clause should not be considered

Management of Security Essay Example for Free

Management of Security Essay Sever security is instrumental in enhancing authentication, authorization, and control of access to the network from a localized point. Therefore, implementation and management of security on windows server 2003 administration is important first because it enables easy and coherent configuring and maintenance of security setting and software installation on computer network systems. The quest for implementing security on windows server 2003 administration is failure by Microsoft to provide a single mechanism for security related settings configuration (Bragg, Hunt, 2005). The security components are attached to the server externally, a factor which makes remote monitoring and control of connections to the network by the server impossible without them. In addition, management of security in windows server 2003 is important in protecting the privacy and confidence of network users. Internet access has been on the rise in the community, an element that threatens confidentiality of computer information. Such are due to hacking and infecting of personal computers by malicious computer programs. On the other hand, security management in windows server 2003 administration serves the purpose of mitigating unauthorized access into the network. Moreover, this can also function to identify and prevent malicious computer programs from compromises services of the network users. Another important aspect of implementing and managing security in windows server 2003 is that it promotes monitoring and control of the network even when the server is offline. Employing security settings like Baseboard Management Controller hardware for example enables independent communication with remote computer. In return, this effectively enhances the process of remotely identifying errors and initiating response by the network administrator (McCann, Eckert, Schitka, 2005). Therefore, security implementation and management in windows server 2003 administration serves to reliability and efficiency service provision. References Bragg, R. , Hunt, C. (2005). Windows Server 2003 Network Administration. Sebastopol, CA: O’Reilly. McCann, B. , Eckert, J. , Schitka, J. (2005). Managing a Microsoft Windows server 2003 Network, Enhanced. Mason, OH: Cengage Learning.

Benjamin Franklin :: essays research papers

The phrase “true American'; does not have a definition, although the word “American'; does. The definition of American is “belonging to or characteristic of America.'; It is hard to relate Benjamin Franklin to this definition of an American, but it does apply to many of his characteristics. Franklin’s loyalty to America shows greatly throughout his life in his writings and jobs. Franklin’s many jobs included being an inventor, politician, author, statesman, philosopher, soldier, scientist, citizen, and a printer. Franklin helped stabilize America by helping to write the countries declaration of independence, which is only one of his many works. Benjamin Franklin’s leadership did not only influence the people of his time, but this great quality still influences the people of today. Many people today think of Franklin as a proud pillar of our national heritage. Most of Franklin’s education was self-taught through his hard work and dedication to learning. This education helped Franklin in many ways to write many books, outsmart other politicians, and create new inventions. Franklin knows he can not relive his life so decides that writing a book would be the next best thing. In Franklin’s autobiography, which he writes to his son, he tries to retell his mistakes so others will not do the same. One of Franklin’s strongest beliefs includes his religion. Franklin did not believe in organized religion and believed strongly in Deism. This shows his concern for other Americans. One of Franklin’s most contributive works to America besides his diplomacy was the Declaration of Independence. Not only did Franklin help write this document, but he was also the oldest person to sign it. Franklin published an annual book called Poor Richard’s Almanac. In this book Franklin included both important and useless information. Franklin predicted temperatures, told tales, included some of his favorite quotes, and had many fun facts published in this book. This is one of Franklin’s most famous quotes “Early to bed and early to rise makes a man healthy, wealthy, and wise.'; (Perkins) This saying shows Franklin’s intelligence on time management. Benjamin Franklin :: essays research papers The phrase “true American'; does not have a definition, although the word “American'; does. The definition of American is “belonging to or characteristic of America.'; It is hard to relate Benjamin Franklin to this definition of an American, but it does apply to many of his characteristics. Franklin’s loyalty to America shows greatly throughout his life in his writings and jobs. Franklin’s many jobs included being an inventor, politician, author, statesman, philosopher, soldier, scientist, citizen, and a printer. Franklin helped stabilize America by helping to write the countries declaration of independence, which is only one of his many works. Benjamin Franklin’s leadership did not only influence the people of his time, but this great quality still influences the people of today. Many people today think of Franklin as a proud pillar of our national heritage. Most of Franklin’s education was self-taught through his hard work and dedication to learning. This education helped Franklin in many ways to write many books, outsmart other politicians, and create new inventions. Franklin knows he can not relive his life so decides that writing a book would be the next best thing. In Franklin’s autobiography, which he writes to his son, he tries to retell his mistakes so others will not do the same. One of Franklin’s strongest beliefs includes his religion. Franklin did not believe in organized religion and believed strongly in Deism. This shows his concern for other Americans. One of Franklin’s most contributive works to America besides his diplomacy was the Declaration of Independence. Not only did Franklin help write this document, but he was also the oldest person to sign it. Franklin published an annual book called Poor Richard’s Almanac. In this book Franklin included both important and useless information. Franklin predicted temperatures, told tales, included some of his favorite quotes, and had many fun facts published in this book. This is one of Franklin’s most famous quotes “Early to bed and early to rise makes a man healthy, wealthy, and wise.'; (Perkins) This saying shows Franklin’s intelligence on time management.

Pricing Strategies

Penetration Pricing Price set to ‘penetrate the market’ ‘Low’ price to secure high volumes Typical in mass market products – chocolate bars, food stuffs, household goods, etc. Suitable for products with long anticipated life cycles May be useful if launching into a new marketMarket Skimming High price, Low volumes Skim the profit from the market Suitable for products that have short life cycles or which will face competition at some point in the future (e.g. after a patent runs out) Examples include: Playstation, jewellery, digital technology, new DVDs, etc.Value Pricing Price set in accordance with customer perceptions about the value of the product/service Examples include status products/exclusive productsLoss Leader Goods/services deliberately sold below cost to encourage sales elsewhere Typical in supermarkets, e.g. at Christmas, selling bottles of gin at  £3 in the hope that people will be attracted to the store and buy other things Purchases of other items more than covers ‘loss’ on item sold e.g. ‘Free’ mobile phone when taking on contract packagePsychological Pricing Used to play on consumer perceptions Classic example –  £9.99 instead of  £10.99! Links with value pricing – high value goods priced according to what consumers THINK should be the priceGoing Rate (Price Leadership) In case of price leader, rivals have difficulty in competing on price – too high and they lose market share, too low and the price leader would match price and force smaller rival out of market May follow pricing leads of rivals especially where those rivals have a clear dominance of market share Where competition is limited, ‘going rate’ pricing may be applicable – banks, petrol, supermarkets, electrical goods – find very similar prices in all outletsTender Pricing Many contracts awarded on a tender basis Firm (or firms) submit their price for carrying out the work Purchaser then chooses which represents best value Mostly done in secretPrice Discrimination Charging a different price for the same good/service in different markets Requires each market to be impenetrable Requires different price elasticity of demand in each marketDestroyer/Predatory Pricing Deliberate price cutting or offer of ‘free gifts/products’ to force rivals (normally smaller and weaker) out of business or prevent new entrants Anti-competitive and illegal if it can be provedAbsorption/Full Cost Pricing Full Cost Pricing – attempting to set price to cover both fixed and variable costs Absorption Cost Pricing – Price set to ‘absorb’ some of the fixed costs of productionMarginal Cost Pricing Marginal cost – the cost of producing ONE extra or ONE fewer item of production MC pricing – allows flexibility Particularly relevant in transport where fixed costs may be relatively high Allows variable pricing structure – e.g. on a flight from London to New York – providing the cost of the extra passenger is covered, the price could be  varied a good deal to attract customers and fill the aircraftContribution Pricing Contribution = Selling Price – Variable (direct costs) Prices set to ensure coverage of variable costs and a ‘contribution’ to the fixed costs Similar in principle to marginal cost pricing Break-even analysis might be useful in such circumstancesTarget Pricing Setting price to ‘target’ a specified profit level Estimates of the cost and potential revenue at different prices, and thus the break-even have to be made, to determine the mark-up Mark-up = Profit/Cost x 100Cost-Plus Pricing Calculation of the average cost (AC) plus a mark up AC = Total Cost/OutputInfluence of Elasticity Any pricing decision must be mindful of the impact of price elasticity The degree of price elasticity impacts on the level of sales and hence revenue Elasticity focuses on pro portionate (percentage) changesPED = % Change in Quantity demanded/% Change in PricePrice Inelastic: % change in Q < % change in P e.g. a 5% increase in price would be met by a fall in sales of something less than 5% Revenue would rise A 7% reduction in price would lead to a rise in sales of something less than 7% Revenue would fallPrice Elastic: % change in quantity demanded > % change in price e.g. A 4% rise in price would lead to sales falling by something more than 4% Revenue would fall A 9% fall in price would lead to a rise in sales of something more than 9% Revenue would rise

Facebook Sextortion Essay

Sextortion is the latest cybercrime used against children—it a form of sexual exploration one uses guilt, power, or knowledge of certain secrets, to force another person into having sex or performing sexual favors. â€Å"Christopher Patrick Gunn was indicted Thursday by a federal grand jury in Montgomery with two counts of production of child pornography, three counts of interstate extortion, and three counts of using a facility of interstate commerce in furtherance of unlawful activity† (Shyyock, 2012). If convicted he could spend up to 100 years in the federal prison and $500,000 in fines with a lifetime supervised release. Christopher Patrick Gunn was using facebook (social networking site) to extort young girls. He would create phony profiles on facebook then he would send out facebook request to the young girls. Profiles that he used consisted of â€Å"The Justin Bieber Ruse† (when using Justin’s profile Gunn would promise the girls concert tickets), â€Å"The New Kid Ruse,† â€Å"Daniel Rodgers,† Dalton Walthers. â€Å"Tyler Mielke† and â€Å"Jason Lempke. † Once the young girls would accept his friend request they were able to use an internet-base interactive video chat service—like Skype. He would gain their trust so then he would proceed to ask personal questions (bra size, sexual status, etc) once he gathered enough information Gunn would request topless photos. If the girls refused he threatened to divulge the intimate conversations to the principle or place it on Facebook for the public to hear. In order for the prosecution to successfully prosecute Christopher Patrick Gunn the investigation that began in April 2011 after complaints were made from female students at Prattville Junior High School that they were receiving inappropriate picture solicitation request from a Facebook profile, police, crime scene investigators and criminalist have to provide strong evidence about the committed crime. As a result of the complaint filed pertaining to child victimization police rendered immediate action. Since the alleged crime was committed with computers and the Internet the detectives were able to use a computer command—traceroute that is provided with most operating systems. Traceroute is a utility that can detail the IP path (Internet Protocol–an address that is unique to a computer) packets that travel between two systems. It can also provide network affiliations, and their geographic locations. After executing this command the detectives were able to get an account and address leading to Gunn’s Montgomery home. The next step was to obtain a warrant to go to the home to retrieve any evidence pertaining to the crime. So the planning of the crime scene investigation was initiated after the warrant had been granted. Once at the crime scene the detectives knew that physical evidence must be obtained using the proper procedures and the correct techniques because how the crime scene is investigated can make or break the case. The crime scene was immediately secured—â€Å" controlling the movement of those at the crime scene also involves ensuring that no one touches, moves, or affects any potential evidence before the scene is thoroughly documented and processed. (Buckles, 2007) A report was started containing date, time of arrival, visibility, lighting and the weather. The computers were seized –documenting the computer activity, components, and other devices. Detectives determined the status of the computers by looking for signs indicating if they were on, off or in sleep status. With the status being determined it allowed for the contents of the screens to be annotated in the report along with photographs of the monitor screens. In the event that the computers were off, the report would state the status, photographs would be taking, sketches of all wires, cables, and other peripheral devices connected to the computer would be drawn. Labels would be placed on all power supplies, wires, cables, and other peripheral devices that indicate where they were occupied on the computer photographs would be taken once more. Most computers if the power is disconnected it will preserve vital information like who was last logged on, what time, last program used and last known computer commands used. The packaging of the computers would consist of taking the power supplies from the wall outlet and computers disconnecting all wires, cables, and peripheral devices securing them. Tape would be placed on the power buttons– the CD or DVD drives would be retracted this information would be annotated in the report if they are empty, were not checked, or contained disk. Then tape would be placed on the trays ensuring they remain closed. Included in the report would be the make, model, serial numbers, and any user-applied markings or identifiers. Preparations to package the computers would be in accordance with the agency procedures to prevent damage or alterations during transportation and storage a detailed log of the contents would accompany the package. However, if the detectives came upon a crime scene that revealed the suspected crime or parts of it (i. e. chat room activity, instant messaging windows, child pornography) on the computer screen the detectives would have halted the data evidence capture. A telephone call would have been made to request assistance from more experienced personnel in retrieving volatile data capture and preservation. The computer would have been left connected to the power supply due to the evidentiary value is in plain view. The detectives would have kept the scene secured awaiting expertise. But the search for other evidence would continue. Things such a passwords, software manuals, text or graphic materials printed from the computer would aid in the investigation and should be documented and retrieved with less handling in accordance with departmental guidelines. In addition to the computers a cell phone was recovered as digital evidence it too would have been documented, photographed, and received by experts to preserve its integrity. The power supply along with adapters were labeled, logged and would have been collected in accordance with procedural guidelines pending forensic examination. â€Å"One of the final steps in the crime scene investigation process, prior to releasing and exiting the crime scene, is to conduct a debriefing. † (Buckles, 2007) During this debrief it would give all parties involved a chance to verify completion and revisit if what was planned actually took place. It is also a time to gather all pertinent reports and other documentation gathered during the investigation—so that the lead investigator could compile all documents into a central case file. Lastly, to safeguard that all evidence that was collected a â€Å"final survey and post-investigative walk-through of the crime scene is needed before releasing and exiting the scene. † (Buckles, 2007) Once the scene has been exited the evidence would be taken and released to the computer forensic team so that they may obtain possession of the computer, all networking mappings from the system, and external physical storage devices. They will use tools and software suites to electronically identify what data could be recovered — bit – stream copies, log files, photos, cookie information, URL redirection, and E-mail headers. The forensic analyzer would generate a report including: name of investigator, list of router evidence, document of the evidence and other supporting items, tools used, list of devices and setups used in the examination, brief description of the examination steps, details on the findings—information about the files, internet-related evidences, data and image analysis and conclusion of the investigation. Hence the evidence that was collected by the Montgomery Police Department along with other investigators from the surrounding states corroborated and determined that Gunn had also committed crimes against young girls in their jurisdictions. The FBI was able to develop evidence that showed that Gunn was the person behind all the criminal conduct. In fact, the FBI has reason to believe that Gunn may have targeted hundreds of other girls in various states across the country, with some as young as 9 and 10 years old† (Weissman, 2012). In conclusion the electronic evidence that needed to be collected were the computers, cell phones, images and videos of child pornography, along with any other pertinent evidence like passwords, software manuals, text or graphic materials printed from the computer that could be used to solidify a conviction. Legal requirements for crime scene documents to be admissible as potential evidence in court must be obtained in a manner, which ensures true accuracy and validity. The constitutional rights of the perpetrator also present challenges. The prosecutors have to ensure that the experts who have examined the data do not breach client-attorney privileges and other privacy issues related to the digital evidence. The chain of custody is very important in ensuring a successful prosecution. Even though the evidence is strong other challenges need to be overcome like the presentation of the evidence discovered. Prosecutors do not typically know how to present electronic evidence to a jury. They need to understand the basics of electronic evidence so that they will not confuse the jury with computer jargon, or bore them with the expert’s testimony because it is delivered in an advanced technical manner. The prosecutors need to give the jury a basic foundation so that later they will understand the more technical issues. The prosecution should use a combination of oral testimony and demonstrative vidence so that the jury and the judge will understand later in the trial when expert witnesses are testifying. The prosecution has an obligation to present his/her case; the demonstrative evidence should be used to subconsciously condition the jury to believe your expert is knowledgeable and credible. The understanding will enable the jury to believe/not to believe the expert’s ultimate conclusions. If the prosecutor and the computer evidence collected were gathered in accordance with the departmental guidelines the prosecution will be successful.