Law of Evidence for Forensic Scientists Essay Example | Topics and Well Written Essays - 4250 words

Law of Evidence for Forensic Scientists - Essay Example Based on this research the defendant insured the plaintiff against loss and damage to his jewellery and property. In the insurance agreement, two notable exceptions were given by the defendant in the insurance contract: loss of jewellery to employees [or servants who worked in his premises] through dishonesty and breakage of antiques and chinas. The agreement made it clear that if any of these two incidents were to occur, the defendant would be free from any insurance payments. A robbery occurred at the plaintiff's premises and a safe was broken into and valuable jewels were stolen. The plaintiff had two employees, Mason and Brown. Mason had a group of friends who were members of a gang that was skilled in breaking into any safe. With knowledge of Mason's acquaintances, the defendant refused to pay the claims for insurance. They argued that Mason was a suspect and there was a big chance that he was involved in the robbery. The plaintiff argued against this position of the defendant. He stated that the burden of proof was on the defendant. This is because the defendant was alleging that Mason was part of the robbery and due to that, it was his responsibility to proof how he knew Mason was part of the theft. The defendant also argued that it is logical and obvious that Mason was involved in the robbery because his associates had insider information and could easily break into the plaintiff's premises and steal the jewels. ... The defendant also argued that it is logical and obvious that Mason was involved in the robbery because his associates had insider information and could easily break into the plaintiff's premises and steal the jewels. They went far to turn in evidence of Mason's character of a deviant. The circumstances showed clearly that the defendant had a strong point because Mason was likely to have brought in third parties to steal from his employers. Thus, both parties had a good case. The argument was who had the onus probandi to determine the facts of the situation at hand. The judge held that it was impossible to place the onus on the defendant. This is because the defendant is not the one who brought the case to court. It is the defendant who has been accused. There is therefore the need for some kind of evidence to be presented to show that he was liable to prosecution. The judge rendered the evidence presented by the defendant inadmissible and stated that in a criminal proceeding, such e vidence of the character of a party would lead to prejudice on the part of the judge. Thus, the plaintiff presented the contract for the insurance. The terms were read as the first form of evidence. The judge went through the case and identified the terms of the insurance contract and identified that there was a legal relationship between the defendant and the plaintiff. However, the plaintiff presented the contract for the insurance and indicated that the defendant was responsible to indemnify the loss. The judge insisted that the plaintiff showed evidence that the theft was of the nature that made the defendant liable to pay the insurance claims. In other words, the plaintiff had to turn

Mergers, Acquisitions, and International Strategies Research Paper

Mergers, Acquisitions, and International Strategies - Research Paper Example The second company is selected on the merit that it is a public corporation with no history of mergers and acquisition and it operates solely within the United States market; the company that was selected under this merit is the Buffalo Wild Wings. The researcher paper will evaluate the strategy that led to the mergers and acquisitions undertaken by McDonald’s Corporation and it will stipulate whether the mergers and acquisitions were wise choices. In addition, the research paper will evaluate McDonald Corporation’s international business-level strategy and corporate-level strategy and then provide recommendations for improvements. Secondly, the research paper will identify one company that would be a profitable candidate for Buffalo Wild Wings to merge with or acquire. Lastly, the paper will propose one business-level strategy and one corporate-level strategy that can be effective and profitable for Buffalo Wild Wings. McDonald’s Corporation According to Warwick (2013), McDonald Corporation is the largest publicly traded hamburger fast food restaurant chain in the world, which serves averagely 60 million customers in over 115 countries across the world on a daily basis. The McDonald brothers originally started the company in 1940 but it was fully acquired by Ray Kroc who joined the company as a franchise agent in 1955, and this marked the first experience of the company with mergers and acquisitions. Among the companies that the McDonald Corporation has acquired or merged within its years of operations, including the Piles Cafe, Chipotle Mexican Grill, and Donatos Pizza but it has sold off the two latter subsidiaries (Warwick, 2013). The McDonald’s restaurants offer a wide menu to their customers, which consist of French fries, hamburgers, chicken, cheeseburgers, soft drinks, breakfast items, desserts, milkshakes, fruits, smoothies, wraps, salads, and fish. Presently, the company boasts of total assets worth over $32 billion and tot al revenue of over $27 billion and a net income of over $ 5 billion in the past financial year. Buffalo Wild Wings Warwick (2013) wrote that Scott Lowery and James Disbrow opened up the first Buffalo Wild Wings restaurant in 1982 at Columbus, Ohio. As of 2013, the Buffalo Wild Wings restaurant chain, which trades at the NASDAQ, had established its operations in approximately 910 locations mostly in North America and currently, there are ongoing talks about the expansion of the restaurant chain. The menu of Buffalo Wild Wings restaurants mainly consists of Buffalo wings and sauces. In the last financial year, the company generated $748 million in revenues from across its entire business operations. Strategy for McDonald’s mergers and acquisitions According to Warwick (2013), McDonald’s boosts of more than 34,000 locations worldwide and this has been facilitated by the franchising strategy that has so far enabled the corporation to have representation in many countries a nd further enabling it to become among the most popular brands in the world. Besides the franchising strategy, McDonald’s has been able to have a wide market presence because of acquisitions and mergers with other restaurant chains. Concerning this Warwick (2013) stated that McDonald’s undertook various mergers and acquisitions deals during the 1990’s which enabled it to significantly increase its market share, revenue level, and the net income.