Case Brief Essay Example | Topics and Well Written Essays - 250 words

Case Brief - Essay Example The franchise agreement consisted of a printed form prepared by respondent, and, with a specific exception for income from property management services, provided in pertinent part as follows: â€Å"Franchise {appellant} agrees to pay†¦ a ‘service fee’ equal to 6 percent of Franchisee’s gross income derived from all transactions for which a real estate license or securities license is required. At the franchise location covered by the agreement, in addition to negotiating real estate sales and purchases for clients, appellant also maintained an escrow department which represented to the public at large that it was operating under a Century 22 franchise. Appellant charged its sellers and buyer separate and distinct fees for escrow services from fees collected on sales commissions. Appellant was not licensed to act as an escrow agent under the general provisions of financial Code section 17000 et seq. (the Escrow Law). However, appellant did act as an escrow agent under an exception to the Escrow Law-- Financial Code section 17006, subdivision (d). The terms of the franchise agreement provided that appellant corporation was to maintain certain prescribed records and reports to respondent those transactions for which a service fee was payable. During the time of the agreement, appellant failed to report any transactions or income received from the operation of its ‘escrow† business. Upon the termination of the franchise agreement, respondent conducted an audit of the books and records of appellant’s franchise. The audit was authorized by the franchise agreement. During the audit, respondent discovered that appellant had not paid a service fee for the income derived from escrow services. Respondent demanded payment from appellant, and from defendant, Nick Rockton. Appellant and defendant Nick Rockton refused to pay since they did not think that the agreement covered income derived from escrow services. This

Criminology Theory Essay Example | Topics and Well Written Essays - 1000 words - 1

Criminology Theory - Essay Example In this movie, the views and characters of Derek are shaped by his neo-nazism beliefs. Derek is recruited into this group by Cameron Alexander, the neo-nazi leader. Alexander appoints him as the leader of the Caucasian kids. His role was to lead them against the Hispanic and the Black kids. Their attitude against them was shaped by the belief that these kids they lost their freedom and destiny to these people of different race. The Hispanics and the blacks were foreigners whose main aim was to exploit the resources of United States of America. On this basis therefore, Derek joined the group of the skinheads because of inequality in resource allocations, and he adapted their violent methods of agitating for their rights. The movie shows this by when he led a group of skinheads to destroy a Korean canteen. However, while in prison, Derek changes his ways of view. This is because he came to learn that there was a need of collaborating with each other, irrespective of race to survive. This is because of the inter-racial commerce that was pre-dominant in the prisons. The violent behaviors that Derek had were as a result of his failure of self-control, because he had already subdued the thieves, and he was not facing any threat. For instance, ordering the thief to open his mouth and busting his head with a bullet was a very cruel method of killing an individual. He could also control the manner in which he made his speech that had an effect of causing a violent mass action by the skin heads. The tone of his voice was harsh, and his words were full of incite. On this note, had Derek used some soft words, the riot that came as a result of the speech could not occur. It was possible for Derek to refuse the offer by Alexander, because he was not forced into joining the group. On this basis therefore, the behavior of Derek came as a result of his inability to control