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The Pre-Trial Motions Stage of a Criminal Case

After it is decided that a criminal case will proceed to trial, pre-trial motions can be presented to the court that can influence how the trial is conducted. Those motions can address many different topics and issues. Pre-trial motions can address the evidence to be presented at the trial, the witnesses who will testify and even the type of defense the defendant can present. For example, if a defendant plans to plead not guilty by reason of insanity, a pre-trial motion must be made to the court and a hearing conducted to determine if that defense will be allowed. The same is true if the defendant pleads guilty but mentally ill. Each pre-trial motion can prompt a mini-trial before the judge in which witnesses can be presented. Most pre-trial motion hearings consist of the prosecution and defense making oral arguments to support their case, along with written arguments citing case law precedents. In pre-trial motions, the judge makes the final decision. There is no jury present. For each side, depending on how the judge rules, that ruling can be the basis for a future appeal. The defense can argue that the judge made an error in the ruling, affecting the outcome of the eventual trial. Pre-trial motions can address a broad range of issues. Some common ones include: Motion to Dismiss An attempt to get a judge to dismiss a charge or the entire case. If may be used when there is not enough evidence or when the evidence or facts in the case do not equal a crime. It is also filed when the court does not have the authority or jurisdiction to make a ruling in the case. For example, if a will is being contested, the case would have to be decided by a probate court and not a small claims court. A motion to dismiss the case based on lack of subject matter jurisdiction would likely be filed. Motion for Change of Venue Most often a request for a change of venue of the trial is due to pre-trial publicity. Famous Cases When Changes of Venue were Granted The four Los Angeles police officers charged with assault of Rodney King in 1991, had their trial moved from  Los Angeles County to  Ventura County.Oklahoma City Bomber Timothy McVeigh was granted a change of venue  from Oklahoma to the U.S. District Court in Denver, Colorado.Beltway snipers Lee Boyd Malvo and John Allen Muhammad had their trials moved from northern Virginia to Chesapeake and Virginia Beach, in southeastern Virginia. Motion to Suppress Evidence Used to keep certain statements or evidence from being introduced as evidence. Seasoned judges will not admit any statement or evidence into evidence that could serve as a basis for a reversal of a conviction. A motion to suppress evidence often addresses issues such as Evidence seized illegally.Confessions wrongly obtained.Statements improperly obtained.If there was probable cause to make an arrest. For example, if police conducted a search without probable cause (in violation of the Fourth Amendment), an attempt to suppress the evidence found as a result of that search might be granted. The Casey Anthony Case; Motion to Suppress Evidence Casey Anthony was found not guilty of first-degree murder, aggravated child abuse, and aggravated manslaughter of her child, Caylee Anthony. Judge Belvin Perry denied Anthonys defense attorneys motions to suppress statements made by Anthony to George, Cindy, and Lee Anthony, pen pal Robyn Adams and corrections officer Sylvia Hernandez. The judge also denied the defenses motion to suppress statements Anthony made to law enforcement because she had not been read her Miranda Rights. The judge agreed with prosecutors that at the time of the statements, Anthony was not a suspect. Although the defense motions to suppress evidence were denied, Anthony was found not guilty. However, had she been found guilty, the denial to suppress evidence could have been used in the appeals process to reverse the conviction. Other Examples of Pre-Trial Motions To challenge the search warrant issued in the case.To exclude some evidence gathered during the search.To exclude statements made by the defendant to investigators.To determine if expert witnesses can testify.To challenge expert testimony.To request a gag order in the case.

Basic Japanese Ordering at Fast-Food Restaurants

For Americans traveling to or visiting Japan, theyre likely to have no trouble finding familiar restaurants. In addition to fine dining, there are many fast food restaurants in Japan, including Burger King,  McDonalds and Kentucky Fried Chicken. In order to make the restaurants feel as authentic and true-to-the-original as possible, fast food workers in Japan tend to use words and phrases which are very close to what one might expect from their American counterparts. Its not quite English, but its likely to be familiar to the ear of an American (or other English-speaking) visitor. Most western dishes or beverages use English names, though the pronunciation is changed to sound more Japanese. They are all written in katakana. For instance, the staple of most American fast food restaurants, French fries, are referred to as poteto (potato) or furaido poteto in the Japanese locations.   Here are a few basic greetings and phrase you can expect to hear when visiting an American fast food restaurant in Japan, with their approximate translations and phonetic pronunciations. Irasshaimase.㠁„ら㠁 £Ã£ â€"ã‚Æ'㠁„㠁 ¾Ã£ â€ºÃ£â‚¬â€šÃ‚  Ã‚     Welcome!A greeting given by store or  restaurant employees, which you may hear elsewhere. Go-chuumon wa.㠁”æ ³ ¨Ã¦â€"‡ã  ¯Ã£â‚¬â€šÃ‚  Ã‚     What would you like to order?Following the initial greeting, this is when youll reply with what you want. Be sure youve studied the menu items a bit before this question, because the names may be different than the ones youre used to ordering in the U.S. And there are some menu items in McDonalds restaurants in Japan that Americans have never seen on the menu or varieties of foods (such as all-you-can-eat Whoppers at Burger King) that may be very different than the ones back home. O-nomimono wa ikaga desu ka.㠁Šé £ ²Ã£  ¿Ã§â€° ©Ã£  ¯Ã£ â€žÃ£ â€¹Ã£ Å'㠁 §Ã£ â„¢Ã£ â€¹Ã£â‚¬â€šÃ‚  Ã‚     Would you like anything to drink? In addition to the usual sodas and milk available at fast-food restaurants in the U.S., in Japan, the menus include vegetable drinks and at some locations, beer.   Kochira de meshiagarimasu ka, omochikaeri desu ka.㠁“㠁 ¡Ã£â€šâ€°Ã£  §Ã¥  ¬Ã£ â€"ä ¸Å Ã£ Å'り㠁 ¾Ã£ â„¢Ã£ â€¹Ã£â‚¬ Ã£ Å Ã¦Å' Ã£  ¡Ã¥ ¸ °Ã£â€šÅ Ã£  §Ã£ â„¢Ã£ â€¹Ã£â‚¬â€šÃ‚  Ã‚     Will you eat here, or take it out? The familiar phrase for here or to go? doesnt quite translate precisely from English to Japanese.  Meshiagaru is a respectful form of the verb taberu (to eat). The prefix o is added verb mochikaeru (to take out). Waiters, waitresses or cashiers in restaurants and store clerks always use polite expressions to the customers. Placing Your Order But before the person at the counter takes your order, youll want to have a few keywords and phrases ready so you get what you want. Again, the terms are very close approximations to their English counterparts, so if you dont get it totally right, chances are youll get what you order. hanbaagaaãÆ' Ã£Æ' ³Ã£Æ' Ã£Æ' ¼Ã£â€š ¬Ã£Æ' ¼Ã‚  Ã‚     hamburgerkooraã‚ ³Ã£Æ' ¼Ã£Æ' ©Ã‚  Ã‚     cokejuusuã‚ ¸Ã£Æ' ¥Ã£Æ' ¼Ã£â€š ¹Ã‚  Ã‚     juicehotto dogguãÆ'݋Æ'Æ'ãÆ'ˆãÆ'‰ãÆ'Æ'ã‚ °Ã‚  Ã‚     hot dogpizaãÆ'”ã‚ ¶Ã‚  Ã‚     pizzasupagetiiã‚ ¹Ã£Æ'‘ã‚ ²Ã£Æ'†ã‚ £Ã‚  Ã‚     spaghetti  saradaã‚ µÃ£Æ' ©Ã£Æ'€Â  Ã‚     saladdezaatoãÆ'‡ã‚ ¶Ã£Æ' ¼Ã£Æ'ˆÂ  Ã‚     dessert If youre determined to experience American fast food through a Japanese lens, youll have many options just by learning a few key phrases. Whether its a Big Mac or a Whopper youre craving, chances are good you can find it in the Land of the Rising Sun.

Network Security Analysis of Windows Server 2008

Solution 1: With Windows Server 2008 Applications, you can make OUs, Groups and Users, and can set GPOs for the OUs, Groups and / or Users requirements or restrictions. Below are some reasons for upgrading to Windows Server 2008 R2 with service Pack 1(SP1). As we go through each one of the issues stated above, we address the concerns and exploit Windows Server 2008. With the new technology of today and the improvements with Windows Server 2008, not only is Windows Server 2008 an OSI, but it is much more. So let us take a look at some of the good reasons for upgrading. Windows Server provides new virtualization technology that enables you to deliver more advanced capabilities to your business for increased IT efficiency and agility. Whether you want to consolidate servers, build a private cloud, or offer Virtual Desktop Infrastructure, the addition of these powerful virtualization features enables you to take your datacenter and desktop virtualization strategy to a new level. Windows Server is the newest Windows Server operating system from Microsoft. It is designed to help organizations reduce operating costs and increase efficiencies and agility. 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Home Depot Analysis Free Essays

string(21) " end of fiscal 2009\." Home Depot – 2010 Financial Report For fiscal year ended January  30, 2011 (â€Å"fiscal 2010†), Home Depot reported Net Earnings of $3. 3  billion and Diluted Earnings per Share of $2. 01 compared to Net Earnings of $2. We will write a custom essay sample on Home Depot Analysis or any similar topic only for you Order Now 7  billion and Diluted Earnings per Share of $1. 57 for fiscal year ended January  31, 2010 (â€Å"fiscal 2009†). The results for fiscal 2010 included a $51 million pretax charge related to the extension of our guarantee of a senior secured loan of HD Supply, Inc. (the â€Å"HD Supply Guarantee Extension†). The results for fiscal 2009 reflected the impact of several strategic actions initiated in fiscal 2008. These strategic actions resulted in store rationalization charges related to the closing of 15 underperforming U. S. stores and the removal of approximately 50 stores from their new store pipeline, business rationalization charges related to the exit of our EXPO, THD Design Center, Yard birds and HD Bath businesses (the â€Å"Exited Businesses†) and charges related to the restructuring of support functions (collectively, the â€Å"Rationalization Charges†). These actions resulted in pretax Rationalization Charges of $146 million for fiscal 2009. The results for fiscal 2009 also included a pretax charge of $163 million to write-down our investment in HD Supply, Inc. Additionally, fiscal 2009 included earnings of $41 million from discontinued operations, net of tax, for the settlement of working capital matters arising from the sale of HD Supply. Home Depot reported Earnings from Continuing Operations of $3. 3  billion and Diluted Earnings per Share from Continuing Operations of $2. 01 for fiscal 2010 compared to Earnings from Continuing Operations of $2. 6  billion and Diluted Earnings per Share from Continuing Operations of $1. 5 for fiscal 2009. Excluding the HD Supply Guarantee Extension charge from their fiscal 2010 results, and the Rationalization Charges and the write-down of their investment in HD Supply from their fiscal 2009 results, Earnings from Continuing Operations were $3. 4 billion and Diluted Earnings per Share from Continuing Operations were $2. 03 for fiscal 2010 compared to Earnings from Continuing Oper ations of $2. 8 billion and Diluted Earnings per Share from Continuing Operations of $1. 66 for fiscal 2009. Net Sales increased 2. 8% to $68. 0  billion for fiscal 2010 from $66.   billion for fiscal 2009. Home Depot’s comparable store sales increased 2. 9% in fiscal 2010, driven by a 2. 4% increase in their comparable store customer transactions and a 0. 5% increase in their comparable store average ticket to $51. 93. Comparable store sales for their U. S. stores increased 2. 5% in fiscal 2010. In fiscal 2010, Home Depot focused on the following four key initiatives: Customer Service: Home Depot’s focus on customer service is anchored on the principles of taking care of their associates, putting customers first and simplifying the business. The roll out of their Customers FIRST training to all store associates and support staff in fiscal 2009 has brought simplification and focus across the business, and they repeated and refreshed the Customers FIRST training during fiscal 2010. The Customers FIRST program is part of their ongoing commitment to improve customer service levels in their stores, and they continued to see the benefit of this training in improved customer service ratings for fiscal 2010 compared to fiscal 2009. Also in fiscal 2010, Home Depot completed the deployment of their FIRST Phone, a new hand held device that provides multiple functions such as inventory management, product location and mobile checkout. The core purpose of this new device is to reduce tasking time for their store associates to allow them more time to focus on customer service. Home Depot ended fiscal 2010 with more than half of their store payroll allocated to customer facing activities rather than tasking activities. They have a customer facing store payroll target of 60%, and they believe they will achieve that by 2013. Product Authority: Our focus on product authority is facilitated by our merchandising transformation and portfolio strategy, including innovation, assortment and value. In fiscal 2010, we made significant progress on our merchandising tools in the U. S. that helped us manage markdown and clearance activity and better control inventory. Our inventory turnover ratio was 4. 13 times at the end of fiscal 2010 compared to 4. 06 times at the end of fiscal 2009. You read "Home Depot Analysis" in category "Papers" Additionally, we continued to form strategic alliances and relationships with selected suppliers to bring a number of proprietary and xclusive brands across a wide range of departments. Productivity and Efficiency: Home Depot’s approach to driving productivity and efficiency starts with disciplined capital allocation focused on building best-in-class competitive advantages in information technology and supply chain, as well as building shareholder value through higher return s on invested capital and total value returned to shareholders in the form of dividends and share repurchases. At the end of fiscal 2010, they completed the roll out of their Rapid Deployment Centers (â€Å"RDCs†) and now have 19 RDCs that serve 100% of their U. S. stores. Also during fiscal 2010, they repurchased 80. 9  million shares for $2. 6 billion, and on February  22, 2011 Home depot announced a six percent increase in their quarterly cash dividend to 25 cents per share. Interconnected Retail: Home Depot’s focus on interconnected retail is based on the view that providing a seamless shopping experience across multiple channels will be a critical enabler for future success. Their multiple channel focus is allowing them to greatly expand their assortment of merchandise, and they are making the investment to build these capabilities, including the roll out of â€Å"buy on-line, pick-up in store† next year. Home depot is committed to having a best-in-class website, and during fiscal 2010 their site was named as a Most Improved Website for customer satisfaction by Foresee, a leading customer satisfaction analytics firm. Home Depot opened eight new stores in fiscal 2010, including one relocation, and closed three stores, bringing our total store count at the end of fiscal 2010 to 2,248. As of the end of fiscal 2010, a total of 272 of these stores, or 12. 1%, were located in Canada, Mexico and China compared to 268 stores, or 11. 9%, at the end of fiscal 2009. Home Depot generated approximately $4.   billion of cash flow from operations in fiscal 2010. They used this cash flow along with cash on hand to fund $2. 6 billion of share repurchases, pay $1. 6  billion of dividends and fund $1. 1 billion in capital expenditures. At the end of fiscal 2010, Home Depot’s long-term debt-to-equity ratio was 46. 1% compared to 44. 7% at the end of fiscal 2009. Their return on invested capita l for continuing operations (computed on net operating profit after tax for the trailing twelve months and the average of beginning and ending long-term debt and equity) was 12. 8% for fiscal 2010 compared to 10. % for fiscal 2009. This increase reflects the impact of the Rationalization Charges which they included in their operating profit for fiscal 2009. Excluding the Rationalization Charges, their return on invested capital for continuing operations was 12. 7% for fiscal 2010 compared to 11. 1% for fiscal 2009. Week 2 Activity Ratios of Home Depot vs. Lowe’s One key to profitability is how well a company manages and utilizes its assets. Some ratios are design to evaluate a company’s effectectiveness in managing assets. Of particular interest is the activity, or turnover ratios, of certain assets. The greater the number of times an asset turns over, the higher the ratio the fewer assets are required to maintain a given level of activity (revenue). Given that a company incurs costs to finance its assets with debt (paying interest) or equity (paying dividends), high turnovers are usually attractive. |Receivable Turnover | |Year |2009 |2010 |2011 | |Home Depot |68. |63. 9 |53. 9 | |Lowe’s |0. 0 |0. 0 |0. 0 | Receivable Turnover ratio is calculated by dividing a period’s net credit sales by the average net accounts receivables. The receivables turnover ratio provides an indication of a company’s efficiency in collecting receivables. The ratio shows the number of times during a period that the averages accounts receivable balance is collected. The higher the ratio, the shorter the average time between credit sales and cash collection. As we can see above, Lowe’s has zero receivables, which can be translated to no credit sales. |Inventory Turnover | |Year |2009 |2010 |2011 | |Home Depot |4. 21 |4.. 19 |4. 34 | |Lowe’s |4. 0 |3. 72 |3. 63 | Inventory Turnover is an important measure for a merchandising company. The ratio shows the number of times the average inventory balance is sold during reporting period. It indicates how quickly inventory is sold. The more frequently a business is able to sell, or turn over, its inventory, the lower its investment in inventory must be for a given level of sales. The ratio is computed by dividing the period’s costs of goods sold by the average inventory balance. The denominator, average inventory, is determined by adding beginning and ending inventory and dividing by two. A relatively high ratio, as in the case of Home Depot compare to Lowe’s, usually is desirable. A high ratio indicates comparative strength, perhaps caused by a company’s superior sales force or maybe a successful advertising campaign. However, it might also be caused by a relatively low inventory level, which could mean either very efficient inventory measurement or stock outs or lost sales in the future. Comparing the two industries, we can conclude than Home Depot turns over their inventory a bit faster than Lowe’s. Asset Turnover | |Year |2009 |2010 |2011 | |Home Depot |1. 73 |1. 62 |1. 73 | |Lowe’s |1. 48 |1. 43 |1. 41 | Asset Turnover is a broad measure of asset efficiency. The ratio is computed by dividing a company’s net sales or revenue by the average total assets available for use during a period. The denominator, average assets, is determined by adding beginning and ending total assets and dividing by two. The asset turnover ratio provides an indication of how efficiency a company utilizes all of its assets to generate revenue. Also, it shows how many sales dollars are generated for every dollar invested in the company’s assets. Lowe’s had relatively lower asset turnover than Home Depot because their recent investment in PPE has not yet reached their potentials. Home Depot is a financially sound company and performs well when compared to its competitors. Based on current business conditions and the potential growth opportunity facing Home Depot, we feel that the bottom line will continue to grow at a healthy rate above the competition in the near future. We believe that the relatively low levels of debt, slightly wider margins, and lower costs make Home Depot an attractive investment for the long run. Shares of Home Depot are currently trading at $33. 92 to what we believe is gaining momentum in the market. This increase is possibly derived from the market’s belief that better than predicted growth will be seen from expansion into foreign markets, specifically China. Week 4 Home Depot – Accounting Policies The retail industry, in general, presents a very competitive market with high price competition and low product differentiation. Although almost any retailer, from supermarkets to superstores, can offer home improvement items at a competitive price, the home improvement industry currently provides a great opportunity for differentiation in regards to the types of services home improvement retailers offer. To successfully maximize sales and increase revenues in the home improvement industry, retailers such as Home Depot must successfully combine product variety, quality and price and specialized services. As discussed earlier, Home Depot has adopted a business strategy based on these key factors. Consequently, as we look at Home Depot’s overall financial results, it is necessary to focus on key accounting policies adopted by the company to measure critical factors and risks. In the â€Å"Management’s Discussion and Analysis of Results of Operations and Financial Condition† of The Home Depot, Inc 2011 Annual Report (www. omedepot. com), management identified three major areas as areas of critical accounting policy and discussed the adoption of four different accounting pronouncements. In addition to the four recently adopted accounting pronouncements identified in the management’s discussion, The Home Depot identified four other major accounting policy change s in it’s â€Å"Notes to Consolidated Financial Statements†. Specifically, The Home Depot adopted four different accounting pronouncements in regards to service revenue recognition, vendor allowances, goodwill amortization and stock based compensation. The three critical accounting policies, as identified by The Home Depot management refer to the treatment of merchandise inventories, self insurance and revenue recognition. Merchandise Inventory policy is specifically addressed by The Home Depot management in â€Å"Management’s Discussion and Analysis of Results of Operations and Financial Condition† and is assessed in two different ways. Approximately 93% of total inventory is valued at the lower of cost or market utilizing FIFO under the retail inventory method with the other 7% valued under the cost method. The Notes section of the Financial Statements accounts for the two different methods. According to the Notes, the 7% of inventory valued under the cost method was due to inventory policy of certain subsidiaries and distribution centers. In addition, The Home Depot, Inc. takes a physical inventory count on a regular basis at each store to verify that inventory amounts in the merchandise inventory section of the Consolidated Financial Statements are accurate. Lastly, in regards to merchandise inventory, the company does account for possible inventory shrinkage or swell based on historical results and industry trends. Self Insurance accounting policy for Home Depot addresses it’s treatment of â€Å"losses related to general liability, product liability, workers’ compensation and medical claims†. The total liability is estimated on the total cost incurred as of the specific balance sheet date and is not discounted. The estimate is based on â€Å"historical data and actuarial estimates†. The company also explains in it’s Management Discussion that they ensure estimates of liability are as accurate as possible by having both management and third-party actuaries review the estimates on a quarterly basis. Revenue Recognition is the third critical accounting policy identified by The Home Depot management. Revenue recognition at the Home Depot follows the industry norm of recognizing revenue when the customer takes possession of the merchandise or, if a customer makes payment prior to take ownership of the merchandise, Home Depot records the sale as Deferred Revenue on the balance sheet until the sale is finalized when the customer takes possession of the paid merchandise. Additionally, because The Home Depot also provides a variety of services through their installation and home maintenance programs, they also recognize service revenue at the time when the service is completed and also record any customer pre-paid service revenue as Deferred Revenue on the balance sheet. Week 5 Internet The internet has completely changed the way companies communicate and market to their prospects. Home improvement businesses in the U. S report that the ways they have traditionally generated leads (i. . yellows pages, direct mail, print media, tv and radio) aren’t working like they use to. In fact, 85% of all products and service inquiries now start online and 97% of U. S internet users gather shopping information online and of those more than half characterize their behavior as ‘Shop Online, Purchase Offline. ’ The convenience of online shopping and the ability to make price comparisons on the internet has completely changed retail trends in the p ast decades. Even though most people tend to shop for building materials by visiting physical locations, still Home Depot cannot ignore e-commerce because people increasing buy items of nearly any kind online. Home depot being the largest home improvement retailer is expanding in the online channel aggressively and targeting it as a major growth opportunity. Home depot made it’s biggest e-commerce investment over the last two years since it started internet sales in 2001. According to research, 45% 0f the 9. million consumers who visited Home Depot’s website on average in any given week said their next step was a trip to a Home Depot store, which translates to about 225 customers a day per location. However, e-commerce for the home improvement industry is an underleveraged opportunity. A lot of people think of home Depot as a place you go on a Saturday, or when you do window treatment or carpeting. As such, they can do a better job online for things like branded power tools and repl enishable items and also offer delivering services for those items. Home Depot’s operating cost will decrease if customers interacted through the use of the internet due to the folllowing: †¢ Online customers are used to doing their own shopping without any salesperson assistance; therefore the cost of the salesperson would be eliminated as such. †¢ The range of products that can be offered through the website can be far greater than what one could find at Home Depot’s location, thereby giving customers a clear reason to prefer the internet. These are all advantages that Home Depot can benefit from as a result of the internet. As with the advantages, there are also disadvantages (issues) that Home Depot needs to put into consideration and work diligently to address them. The foremost of these issues are lack of site maintenance and lack of integration between the e-commerce site and the corporate back-office systems. As such, Home Depot must work through these issues in detail in order to arrive at the true cost-benefit for an e-commerce. 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Home Depot Analysis Free Essays

string(21) " end of fiscal 2009\." Home Depot – 2010 Financial Report For fiscal year ended January  30, 2011 (â€Å"fiscal 2010†), Home Depot reported Net Earnings of $3. 3  billion and Diluted Earnings per Share of $2. 01 compared to Net Earnings of $2. We will write a custom essay sample on Home Depot Analysis or any similar topic only for you Order Now 7  billion and Diluted Earnings per Share of $1. 57 for fiscal year ended January  31, 2010 (â€Å"fiscal 2009†). The results for fiscal 2010 included a $51 million pretax charge related to the extension of our guarantee of a senior secured loan of HD Supply, Inc. (the â€Å"HD Supply Guarantee Extension†). The results for fiscal 2009 reflected the impact of several strategic actions initiated in fiscal 2008. These strategic actions resulted in store rationalization charges related to the closing of 15 underperforming U. S. stores and the removal of approximately 50 stores from their new store pipeline, business rationalization charges related to the exit of our EXPO, THD Design Center, Yard birds and HD Bath businesses (the â€Å"Exited Businesses†) and charges related to the restructuring of support functions (collectively, the â€Å"Rationalization Charges†). These actions resulted in pretax Rationalization Charges of $146 million for fiscal 2009. The results for fiscal 2009 also included a pretax charge of $163 million to write-down our investment in HD Supply, Inc. Additionally, fiscal 2009 included earnings of $41 million from discontinued operations, net of tax, for the settlement of working capital matters arising from the sale of HD Supply. Home Depot reported Earnings from Continuing Operations of $3. 3  billion and Diluted Earnings per Share from Continuing Operations of $2. 01 for fiscal 2010 compared to Earnings from Continuing Operations of $2. 6  billion and Diluted Earnings per Share from Continuing Operations of $1. 5 for fiscal 2009. Excluding the HD Supply Guarantee Extension charge from their fiscal 2010 results, and the Rationalization Charges and the write-down of their investment in HD Supply from their fiscal 2009 results, Earnings from Continuing Operations were $3. 4 billion and Diluted Earnings per Share from Continuing Operations were $2. 03 for fiscal 2010 compared to Earnings from Continuing Oper ations of $2. 8 billion and Diluted Earnings per Share from Continuing Operations of $1. 66 for fiscal 2009. Net Sales increased 2. 8% to $68. 0  billion for fiscal 2010 from $66.   billion for fiscal 2009. Home Depot’s comparable store sales increased 2. 9% in fiscal 2010, driven by a 2. 4% increase in their comparable store customer transactions and a 0. 5% increase in their comparable store average ticket to $51. 93. Comparable store sales for their U. S. stores increased 2. 5% in fiscal 2010. In fiscal 2010, Home Depot focused on the following four key initiatives: Customer Service: Home Depot’s focus on customer service is anchored on the principles of taking care of their associates, putting customers first and simplifying the business. The roll out of their Customers FIRST training to all store associates and support staff in fiscal 2009 has brought simplification and focus across the business, and they repeated and refreshed the Customers FIRST training during fiscal 2010. The Customers FIRST program is part of their ongoing commitment to improve customer service levels in their stores, and they continued to see the benefit of this training in improved customer service ratings for fiscal 2010 compared to fiscal 2009. Also in fiscal 2010, Home Depot completed the deployment of their FIRST Phone, a new hand held device that provides multiple functions such as inventory management, product location and mobile checkout. The core purpose of this new device is to reduce tasking time for their store associates to allow them more time to focus on customer service. Home Depot ended fiscal 2010 with more than half of their store payroll allocated to customer facing activities rather than tasking activities. They have a customer facing store payroll target of 60%, and they believe they will achieve that by 2013. Product Authority: Our focus on product authority is facilitated by our merchandising transformation and portfolio strategy, including innovation, assortment and value. In fiscal 2010, we made significant progress on our merchandising tools in the U. S. that helped us manage markdown and clearance activity and better control inventory. Our inventory turnover ratio was 4. 13 times at the end of fiscal 2010 compared to 4. 06 times at the end of fiscal 2009. You read "Home Depot Analysis" in category "Papers" Additionally, we continued to form strategic alliances and relationships with selected suppliers to bring a number of proprietary and xclusive brands across a wide range of departments. Productivity and Efficiency: Home Depot’s approach to driving productivity and efficiency starts with disciplined capital allocation focused on building best-in-class competitive advantages in information technology and supply chain, as well as building shareholder value through higher return s on invested capital and total value returned to shareholders in the form of dividends and share repurchases. At the end of fiscal 2010, they completed the roll out of their Rapid Deployment Centers (â€Å"RDCs†) and now have 19 RDCs that serve 100% of their U. S. stores. Also during fiscal 2010, they repurchased 80. 9  million shares for $2. 6 billion, and on February  22, 2011 Home depot announced a six percent increase in their quarterly cash dividend to 25 cents per share. Interconnected Retail: Home Depot’s focus on interconnected retail is based on the view that providing a seamless shopping experience across multiple channels will be a critical enabler for future success. Their multiple channel focus is allowing them to greatly expand their assortment of merchandise, and they are making the investment to build these capabilities, including the roll out of â€Å"buy on-line, pick-up in store† next year. Home depot is committed to having a best-in-class website, and during fiscal 2010 their site was named as a Most Improved Website for customer satisfaction by Foresee, a leading customer satisfaction analytics firm. Home Depot opened eight new stores in fiscal 2010, including one relocation, and closed three stores, bringing our total store count at the end of fiscal 2010 to 2,248. As of the end of fiscal 2010, a total of 272 of these stores, or 12. 1%, were located in Canada, Mexico and China compared to 268 stores, or 11. 9%, at the end of fiscal 2009. Home Depot generated approximately $4.   billion of cash flow from operations in fiscal 2010. They used this cash flow along with cash on hand to fund $2. 6 billion of share repurchases, pay $1. 6  billion of dividends and fund $1. 1 billion in capital expenditures. At the end of fiscal 2010, Home Depot’s long-term debt-to-equity ratio was 46. 1% compared to 44. 7% at the end of fiscal 2009. Their return on invested capita l for continuing operations (computed on net operating profit after tax for the trailing twelve months and the average of beginning and ending long-term debt and equity) was 12. 8% for fiscal 2010 compared to 10. % for fiscal 2009. This increase reflects the impact of the Rationalization Charges which they included in their operating profit for fiscal 2009. Excluding the Rationalization Charges, their return on invested capital for continuing operations was 12. 7% for fiscal 2010 compared to 11. 1% for fiscal 2009. Week 2 Activity Ratios of Home Depot vs. Lowe’s One key to profitability is how well a company manages and utilizes its assets. Some ratios are design to evaluate a company’s effectectiveness in managing assets. Of particular interest is the activity, or turnover ratios, of certain assets. The greater the number of times an asset turns over, the higher the ratio the fewer assets are required to maintain a given level of activity (revenue). Given that a company incurs costs to finance its assets with debt (paying interest) or equity (paying dividends), high turnovers are usually attractive. |Receivable Turnover | |Year |2009 |2010 |2011 | |Home Depot |68. |63. 9 |53. 9 | |Lowe’s |0. 0 |0. 0 |0. 0 | Receivable Turnover ratio is calculated by dividing a period’s net credit sales by the average net accounts receivables. The receivables turnover ratio provides an indication of a company’s efficiency in collecting receivables. The ratio shows the number of times during a period that the averages accounts receivable balance is collected. The higher the ratio, the shorter the average time between credit sales and cash collection. As we can see above, Lowe’s has zero receivables, which can be translated to no credit sales. |Inventory Turnover | |Year |2009 |2010 |2011 | |Home Depot |4. 21 |4.. 19 |4. 34 | |Lowe’s |4. 0 |3. 72 |3. 63 | Inventory Turnover is an important measure for a merchandising company. The ratio shows the number of times the average inventory balance is sold during reporting period. It indicates how quickly inventory is sold. The more frequently a business is able to sell, or turn over, its inventory, the lower its investment in inventory must be for a given level of sales. The ratio is computed by dividing the period’s costs of goods sold by the average inventory balance. The denominator, average inventory, is determined by adding beginning and ending inventory and dividing by two. A relatively high ratio, as in the case of Home Depot compare to Lowe’s, usually is desirable. A high ratio indicates comparative strength, perhaps caused by a company’s superior sales force or maybe a successful advertising campaign. However, it might also be caused by a relatively low inventory level, which could mean either very efficient inventory measurement or stock outs or lost sales in the future. Comparing the two industries, we can conclude than Home Depot turns over their inventory a bit faster than Lowe’s. Asset Turnover | |Year |2009 |2010 |2011 | |Home Depot |1. 73 |1. 62 |1. 73 | |Lowe’s |1. 48 |1. 43 |1. 41 | Asset Turnover is a broad measure of asset efficiency. The ratio is computed by dividing a company’s net sales or revenue by the average total assets available for use during a period. The denominator, average assets, is determined by adding beginning and ending total assets and dividing by two. The asset turnover ratio provides an indication of how efficiency a company utilizes all of its assets to generate revenue. Also, it shows how many sales dollars are generated for every dollar invested in the company’s assets. Lowe’s had relatively lower asset turnover than Home Depot because their recent investment in PPE has not yet reached their potentials. Home Depot is a financially sound company and performs well when compared to its competitors. Based on current business conditions and the potential growth opportunity facing Home Depot, we feel that the bottom line will continue to grow at a healthy rate above the competition in the near future. We believe that the relatively low levels of debt, slightly wider margins, and lower costs make Home Depot an attractive investment for the long run. Shares of Home Depot are currently trading at $33. 92 to what we believe is gaining momentum in the market. This increase is possibly derived from the market’s belief that better than predicted growth will be seen from expansion into foreign markets, specifically China. Week 4 Home Depot – Accounting Policies The retail industry, in general, presents a very competitive market with high price competition and low product differentiation. Although almost any retailer, from supermarkets to superstores, can offer home improvement items at a competitive price, the home improvement industry currently provides a great opportunity for differentiation in regards to the types of services home improvement retailers offer. To successfully maximize sales and increase revenues in the home improvement industry, retailers such as Home Depot must successfully combine product variety, quality and price and specialized services. As discussed earlier, Home Depot has adopted a business strategy based on these key factors. Consequently, as we look at Home Depot’s overall financial results, it is necessary to focus on key accounting policies adopted by the company to measure critical factors and risks. In the â€Å"Management’s Discussion and Analysis of Results of Operations and Financial Condition† of The Home Depot, Inc 2011 Annual Report (www. omedepot. com), management identified three major areas as areas of critical accounting policy and discussed the adoption of four different accounting pronouncements. In addition to the four recently adopted accounting pronouncements identified in the management’s discussion, The Home Depot identified four other major accounting policy change s in it’s â€Å"Notes to Consolidated Financial Statements†. Specifically, The Home Depot adopted four different accounting pronouncements in regards to service revenue recognition, vendor allowances, goodwill amortization and stock based compensation. The three critical accounting policies, as identified by The Home Depot management refer to the treatment of merchandise inventories, self insurance and revenue recognition. Merchandise Inventory policy is specifically addressed by The Home Depot management in â€Å"Management’s Discussion and Analysis of Results of Operations and Financial Condition† and is assessed in two different ways. Approximately 93% of total inventory is valued at the lower of cost or market utilizing FIFO under the retail inventory method with the other 7% valued under the cost method. The Notes section of the Financial Statements accounts for the two different methods. According to the Notes, the 7% of inventory valued under the cost method was due to inventory policy of certain subsidiaries and distribution centers. In addition, The Home Depot, Inc. takes a physical inventory count on a regular basis at each store to verify that inventory amounts in the merchandise inventory section of the Consolidated Financial Statements are accurate. Lastly, in regards to merchandise inventory, the company does account for possible inventory shrinkage or swell based on historical results and industry trends. Self Insurance accounting policy for Home Depot addresses it’s treatment of â€Å"losses related to general liability, product liability, workers’ compensation and medical claims†. The total liability is estimated on the total cost incurred as of the specific balance sheet date and is not discounted. The estimate is based on â€Å"historical data and actuarial estimates†. The company also explains in it’s Management Discussion that they ensure estimates of liability are as accurate as possible by having both management and third-party actuaries review the estimates on a quarterly basis. Revenue Recognition is the third critical accounting policy identified by The Home Depot management. Revenue recognition at the Home Depot follows the industry norm of recognizing revenue when the customer takes possession of the merchandise or, if a customer makes payment prior to take ownership of the merchandise, Home Depot records the sale as Deferred Revenue on the balance sheet until the sale is finalized when the customer takes possession of the paid merchandise. Additionally, because The Home Depot also provides a variety of services through their installation and home maintenance programs, they also recognize service revenue at the time when the service is completed and also record any customer pre-paid service revenue as Deferred Revenue on the balance sheet. Week 5 Internet The internet has completely changed the way companies communicate and market to their prospects. Home improvement businesses in the U. S report that the ways they have traditionally generated leads (i. . yellows pages, direct mail, print media, tv and radio) aren’t working like they use to. In fact, 85% of all products and service inquiries now start online and 97% of U. S internet users gather shopping information online and of those more than half characterize their behavior as ‘Shop Online, Purchase Offline. ’ The convenience of online shopping and the ability to make price comparisons on the internet has completely changed retail trends in the p ast decades. Even though most people tend to shop for building materials by visiting physical locations, still Home Depot cannot ignore e-commerce because people increasing buy items of nearly any kind online. Home depot being the largest home improvement retailer is expanding in the online channel aggressively and targeting it as a major growth opportunity. Home depot made it’s biggest e-commerce investment over the last two years since it started internet sales in 2001. According to research, 45% 0f the 9. million consumers who visited Home Depot’s website on average in any given week said their next step was a trip to a Home Depot store, which translates to about 225 customers a day per location. However, e-commerce for the home improvement industry is an underleveraged opportunity. A lot of people think of home Depot as a place you go on a Saturday, or when you do window treatment or carpeting. As such, they can do a better job online for things like branded power tools and repl enishable items and also offer delivering services for those items. Home Depot’s operating cost will decrease if customers interacted through the use of the internet due to the folllowing: †¢ Online customers are used to doing their own shopping without any salesperson assistance; therefore the cost of the salesperson would be eliminated as such. †¢ The range of products that can be offered through the website can be far greater than what one could find at Home Depot’s location, thereby giving customers a clear reason to prefer the internet. These are all advantages that Home Depot can benefit from as a result of the internet. As with the advantages, there are also disadvantages (issues) that Home Depot needs to put into consideration and work diligently to address them. The foremost of these issues are lack of site maintenance and lack of integration between the e-commerce site and the corporate back-office systems. As such, Home Depot must work through these issues in detail in order to arrive at the true cost-benefit for an e-commerce. 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International Business Expansion and Country Analysis

Question: Describe about the International Business Expansion and Country Analysis. Answer: Introduction: Rationale behind selecting the country: The fisheries companies in Canada are one of the oldest sectors having the bright future opportunities. The increased profits from the Canadian fisheries have made it an attractive exploration target. The country has been processing fisheries and base for almost 150 years. The reason for selecting Canada as the country for the expansion of the business of Maldives Industrial Fisheries Company (MIFCL) is that Canadas fisheries industry is the major driver and employer in the communities of Canada and provides the vast opportunities for the expansion of the fisheries activities in the country and is one of the most valuable fishing industries all over the world (Fertelet al.2013). Canada is the second largest country of the world and the country has a strong adherence to the French and Britain tradition. One of the primary industries in Canada is the fisheries industries and is the economic mainstay of approx 15000 communities in the Coastal and rural areas of Canada. Canada is one of the leading countries in the field of fisheries and contributes to the commercial landed fish species in huge way. The fisheries industry is also the contributor to the Canadian economy. The country in the 16th century has emerged and the growth in the fisheries industries was expanded. The fisheries of Canada is intrinsic to the regional identities and the Maritimes of the country developed the large own fleet and lumbering, trading and ship building reinforced the coastal economy. The great lake fishery of Canada went through major changes in the composition of species and the fisheries company had adapted to the individual quotas and this made them gained a strong voice in the management which is provincially controlled. In the early 2000s, the fisheries in Canada were slowed down but it was regarded as the potentially stable sector. The value of export attributable from the fisheries during the year 2012 was over $ 3 billion. The sector of fisheries supported communities all over the country. The fish harvesters retained their traditional elements of self-reliant and adventure and they continued to gain in field of management and co research (Hutchings and Post 2013). Literature review and critical analysis: Pestle analysis of Canada: Political aspect- The Canadas political system functions within the federal system of the parliamentary government and has strong traditions of democracy and framework of the parliamentary democracy. The unemployment in Canada caused a major recession after the global financial crisis in the year 2008. The unemployment rate in Canada stands at 8.6%. The labor market in Canada lost about 224000 permanent jobs and 162000 full time jobs between October 2008 and 2010 (Fertelet al. 2013). Economic aspect One of the wealthiest nations in the world is Canada and the GDP of the country stands at US $ 1.75 trillion. The country is ranked tenth among the top trading nations. The country has been transformed from the agrarian economy to such economic structure that is urban and industrial. The country is ranked seventh and is the largest exporter of seafood and fisheries. The value of export of fish during the year 2014 is 4.9 billion and the largest export market is United States. This is due to the impressive growth of the fisheries, manufacturing and the service sectors in Canada. The fishing sector provided direct jobs to more than 80000 Canadians. The trade relation of Canada with the US has led to the dramatic improvement and the US is the largest foreign investor, which make the investment in the fisheries and for the fish harvesters (Keeling and Sandlos2015). Social aspect- The culture of Canada is fun, warmhearted, easygoing, polite, and kind. The culture and traditions of Canada has been influenced by the culture of French and Britain. The art, music, language and aboriginal people influence the identity of Canadian. The culture of Canada is being regarded as inherently multicultural there is multiculturalism in the cultural of Canada ). Legal aspect- The Legal system of Canada has its foundation in the common law system of Britain, whichis inherited from the former colony of the UK and afterwards a member of the common wealth of nations. The legal system is subjected to the constitution of Canada. The constitution of Canada is of the supreme law and the law passed by the federal, territorial government would be regarded as invalid if it were not consistent with the constitution (Sandlos and Keeling 2015). Technological aspect- The fisheries industries in Canada has the respected control system and fisheries inspection. Fisheries industries is emerging as one of the most technologically advanced sectors in Canada has one of the diverse industries and at least 12000 people are employed in this sector. The country offers a wide variety of fishes that is sustainably harvested from all across the country. Environmental aspect-The department of the environment of Canada coordinates the environmental programmes and policies. This also provides for the enhancement and preserving of the renewable resources and natural environment. The climate of Canada is not cold throughout the year and the temperature falls below the freezing point during the winter. The climate is relatively mild in the southwestern coast. Southeastern and western Canada experiences high rainfall (Thistle and Langston 2016). Risk identification from the macro environmental factors- Cost associated with the fisheries activities-The cost of carrying out the fisheries activities is ever rising in Canada due to the increase in the commodity price and continuing acceleration in the production. The Maldives Industrial Fisheries Company needs to formulate some strategies and bring the cost under control. This would be done by understanding the cost driver, enhancing the energy efficiency. Labor crunch- There is the risk of shortage of the labor to power the growth of the fisheries company. The company needs to apply the workplace planning and introduce the cross training at the industry level. Capital project quandaries- Due to the fluctuation in the price of commodities and the widening of the gap between the supply and demand, the capital project concerning fisheries would be mounting. Therefore, the fisheries companies needs to manage the risks so as to achieve the objective of steady production. Analyzing the national competitiveness of target market using the Porters Diamond model: Factor conditions- The position of Canada in terms of basic factor of production such as land, infrastructure, labor, natural resources. The factor condition also includes the advanced and the specialized pool of skills, infrastructure and technology, which has been tailored to meet the needs of particular industries operating in the country. The country is blessed with the rich abundance of natural resources and the advanced factors are a source of providing international advantage to the expanding company. The physical resources of Canada include a wide variety of nonrenewable and renewable resources encompassing foresting land, metals and minerals, energy and fisheries. The specialized infrastructure of the country provides the sustainable competitive advantage to the particular industries (Vaillancour and Waaub 2012). Demand conditions-This condition tells about the nature of the demand of the home market for the output of local industries. In this context, the thing, which is of particular importance, is the presence of the local customers who are sophisticated and demanding that forms a pressure on the firms to make the innovation in the product. The needs of such customers help in anticipating the needs of the industries and companies. The emerging needs of the buyers in Canada are understood by the nature of the home demands. The industries in Canada have not been upgraded and the scope of innovation across the industries is constrained by the low cost orientation of the industrial buyers in Canada. The initial sales of the industries are mainly focused in the foreign market due to the conservative pattern in the adoption of technology (Vaillancourt and Waaub 2012). Firm structure, strategy and rivalry-This is another determinant of the national competitive advantage. The nature and the strategies of the company depend heavily on the national environment. The way in which the firms compete with each other depends on the difference between the business sectors of the different countries. If the Maldives Industrial Fisheries Company faces domestic rivalry in Canada, this would force the expanding company to be cost competitive and help it in becoming competitive and improving the quality. The international competitiveness of the company is determined by the international competitiveness of the company in which it is expanding. The firm in Canada has been forced to adapt to several strategies. The inclination on the cost based strategies is provided by the abundance of factor in Canada which has nurtured it. The foreign forms are prompted to establish the branch in Canada which is oriented solely to the domestic market of the country and this is du e to the fact that the domestic industry are traditionally exposed to high tariff (Ajami et al. 2012). Related and Supporting Industries- This tells us about the absence and presence of the internationally competitive industries and the other related suppliers in the country. The determinant includes the local suppliers that have specialized inputs such as components, services and machinery. This would help in the innovation of the industry by determining the factors that are integral to the innovation. The local companies in the fisheries industries that would relate by the skills, customers and technology is also included (Basuet al. 2015). Evaluating the industrial environment of Canada using the Porters Five forces model: Threat of new entrants- The main barriers to the new entrant in the fisheries sector is the high cost of financing. A huge amount of capital is required to set up the fisheries into production. Canada being the seventh largest exporter of sea food would attract many fisheries companies to invest and Maldives Industrial Fisheries Company may face tough competition from them. Customer bargaining power- The customers switch to another company in order to curb the costs and the Canadian market of fisheries holds the positive image in the mind of customers. As there are not many substitutes available to the consumers in the domestic market of Canada and the bargaining power of the customers is reduced. The impact of the price increases would get diminish as the intended company expanding in Canada focuses on retraining the long term relationship with the customers. Since the global macro environment is expected to stabilize. The upcoming position of the company is likely to be strong (Buckley 2016). Supplier bargaining power- The supplier of components, services and raw materials are the source of power over the firm. If the company has a fewer choice of suppliers and is in need of the more suppliers, then the more powerful are the suppliers. The barriers from the supplier come from the fact that gaining permits from the mines can be quite difficult factor. The rules and regulation concerning the fisheries sector can be hindrance in establishing the fisheries by the Maldives Industrial fisheries companies (Cavusgil et al. 2014). Competitive rivalry-The Maldives Industrial fisheries company would not compete on the price basis because it is set by the market. However, the companies would compete for land and Canada ha abundant sources of natural resources. The power of the company depends upon the reserves that the company is having and the discovery about the activities and scope of exploration depends upon the first come and first server basis. Availability of substitutes-The Canada has the availability of substitutes in terms of fisheries and is from top Atlantic species such as snow crab, lobster, scallops, shrimps, Greenland Turbot. Canada has largest and most diversified fisheries in the world. However, in regard to the Maldives Industrial fisheries services, the available substitutes for raw materials is low and would be strongly placed due to the board and the diversified portfolio and would not be able to counter the threat of substitutes (De Jong 2013). Product readiness for internationalization: Assessment of the product concerning the domestic market that is Maldives: The company has its major operation in Maldives and has a diversified portfolio of assets and is a renowned natural resources company. The company has its major operation and is based in Maldives and supplies the product such as yellow fin tuna, canned, frozen fish meal, smoked dried tuna. The company is engaged in processing of products of fishes in Maldives. The company is the largest operators of fisheries and has the setup of plants across the country to fulfill the global and the local requirement. However the demand and supply of fishes would get impacted by the rising cost of operations and the impact of the global warming which would affect the sea temperature and the consumption pattern of the people in Maldives is another impacting factor. The competency of company lies in fisheries sector and the fishing activities contribute to 11% GDP of Maldives (Forsgren and Johanson 2014). Assessment of the product concerning the foreign market: Maldives Industrial Fisheries Company Limited has been looking for the global opportunities due to the natural resources that are available and is accessible and has been discovered by the company. The company has sold its product to many countries such as south East Asia, United Kingdom, Europe without operating there. The company has focused on the international market by introducing range of products. The major products of company that is exported to the European Union and Asian market are frozen raw material and canned fish products. The operation in the UK is comfortably placed and it is the oldest supplier of canned tuna in Germany. The market growth in Thailand has grown significantly and the market base has expanded (Islam and Berkes 2016). Cultural analysis using Holfstede model: The cultural analysis of Canada is done by using the Holfstede model and the analysis is done based on six cultural dimensions of the country. Using this model, one country is distinguishing with another by using the cultural dimensions, which represents the independent preferences, about one state of affairs over another. The six dimensions comprised of power distance index, masculinity versus femininity, individualism versus collectivism, uncertainty avoidance, indulgence versus restraint, short-term normative orientation versus long term orientation (Holfstede et al. 2013). In the analysis of culture of Canada, the home country selected for distinguishing is the home country of MIFCL. Cultural elements Home country condition (Maldives) Host country (Canada) Individualism versus collectivism Score is 35 in this dimension. There is degree of interdependence among the members of society. The culture of Maldives is highly individualist. The promotion and the hiring of employees are based on merit. Score is 80 on this dimension and the culture is characterized as the individualist culture. The society is a loosely knit and similar to its neighbor in the south that is America. The expected culture is that the people in the society look after their family. In the corporate world, the employees are expected to take initiative and be self-reliant. The promotion decisions and hiring is done based on the merits. Power distance Score is 80 on this dimension and the society is relatively hierarchical. The hierarchy in Maldives organization is established for the purpose of convenience. The information between the employees and the managers are shared frequently and the communication is informative, direct, participative and informal. The score 39 on this dimension. The culture is marked by the interdependence among the inhabitants and there is the lack of distinction among the class of society. The straightforward exchange of information is valued in Canada. The reason for the creation of hierarchy in the Canadian organization is basically for convenience and the manager relies on the team and individual employees for the expertise. It is customary on the part of the employees to communicate freely with the other employees. Uncertainty avoidance Score is intermediate 45 on this dimension and the Maldivians does not indicate the strong preference Score is 48 on this dimension and the culture of Canada is more uncertainty accepting. This is indicative of the fact that people are willing to accept to the new ideas and try something different and new pertaining to the business practice, technology and products. There is freedom of expression and people are tolerant to new opinions. The culture of Canada is more oriented. Masculinity versus femininity Australia scores 10 in this and the society is regarded as the masculine society. Conflict resolution takes place at the individual level and winning is the goal. The people are proud of the success and achievements Score is 52 on this dimension and the society of Canada is characterized as the masculine society. The overall cultural tone of Canada is more subdued when compared to Australia about the success, achievement and winning. There is high standard of performance in both play and work and Canadians strive to attain it in all endeavors. The employees are likely to maintain life-work balance and its time taking them to enjoy life, personal pursuits and family gatherings. Attitude to times The Maldivians place importance in allotting their tine to leisure and fun. A high degree of importance is placed on the leisure time. Indulgence versus restraint No score for Maldivians on this dimension and the country is regarded as indulgent country. Score is 68 on this dimension and the culture is classified indulgent. The society is classified as indulgent, which exhibit the willingness and desire in regard to having fun and enjoying life and realizing the impulse. People are optimistic and are of positive attitude. Long term orientation versus short term orientation Score is 45 on this dimension, the culture of Maldives is regarded as normative culture, and the culture has the greater respect for tradition. The society maintains the link with the past while dealing with the future and present. Score is 36 on this dimension and the culture of Canada is classified as normative society. People are normative in thinking and are concerned with establishing the absolute truth. Identification of cultural risk: The culture of Canada is regarded as the production laggard and the growth in the business of Canada is currently hindered by the unwillingness of Canadians businesses to make critical investments. Therefore, the culture of Canada is regarded to be of conservative type when it comes to make investment decisions. There is the culture of risk aversion and conservatism, which act as an obstacle in attaining the global competitive advantage. The culture of Canada lacks the entrepreneurial spirits and the people are little timid and of shy nature which restricts the Canadian from taking the financial decisions (Verbeke 2013). Analysis of entry strategies: The entry strategies for the MIFCL would be the joint venture. The creation of the joint venture is the formation of partnership that leads the creation of the independently managed company. The two companies would agree to carry out their operation in the particular market either based on product or geographically. The risk and profits of the newly formed company are normally shared equally. This would enable the company to learn from other, the strategic goals of the partners should converge, and there is a divergence in the competitive goals. The venturing is controlled through the coordination and negotiation. The assets are managed and operated by the Joint ventures. If the company uses the strategy of joint ventures as the entry strategy, the company would be able to participate in the original discover of fisheries and harvesters. This joint venture contract is for the long term purpose and the processing of the fisheries would take place with the facilities of the joint venture. The company has its operation with the joint ventures in many other countries. The partnership is on the proportional basis. The capital outlay of the MIFCL would be shared with any of the fisheries companies of Canada. If the alliance is formed with the business that is indigenous then the intervention of the government is reduced and simultaneously the risk is also reduced. The company would be able to gain better local market intelligence which would be provided by the partner of the joint venture (Poulis et al. 2013). However, there can be the conflict of interest between the parties regarding the invested amount, sharing of profits, management, marketing strategy. Analysis of internationalization strategy: Global strategies are aimed at achieving the objectives of international expansion and comprise of three types of the international expansion. The expansion of the company mainly arises from its capability, resources and the current position that it is holding at the international level. In this case, the world is treated by the organization as one market and there is only the one supply source having little variations. The competitive advantage of the company is developed on the global basis. The global strategy would provide the company with the economies of scale and scope and with the lower cost of labor and global brand recognition (Stahl and Tung 2014). International strategy- This is the global plan that is specific to the company, it is the action taken by the multinational, and the strategy is based on the resources of the home market. The company would be provided with the large base of the customers Transnational strategy- The Company opting for this strategy seeks for the middle ground between the global strategy and multi-domestic strategy. This type of company tries to balance the desire for the efficiency and within the various countries; there is the need to adjust to the local preferences. Recommendation and conclusions: SWOT analysis to summarize the overall findings- Strength-The fisheries opportunities in Canada are huge and provided a broad scope of entrepreneurial opportunities and employment and benefit all the area of province. The company expanding the business would be benefitted with the wide opportunities offered. One of the safest industries in Canada is the fisheries and is the largest employer in the private sector. There are huge of people directly employed in the base fisheries of Canada. The population of Canada is relatively healthy and has healthy population of fish. Co management and the success of fisheries is another opportunity and the association of fisheries is strong and effective. There is many IQ fisheries management to the fishing industries. Weakness-The people of Canada are risk averse and are conserved and there is a lack of the entrepreneur skills. There are many mining industries in Canada and the MIFCL would face a tough competition with those companies. There is lack of economies of scale due to increased cost of labor and there is poor market concerning few species such as chum and oink salmon. The government and industry are reluctant in changing and cooperating. The fisheries industry in Canada does not have adequate financial rewards which is the reason behind the lack of crew labor. Opportunity-The Canada is the leading country in the harvesting of fisheries and it would remain the major global fisheries industry which is supported by the stable operating environment and vast reserves. The fishery industry is heavily reliant on trade, which would give MIFCL many opportunities. The province can improve the processing by bulk zoning the broad areas of aquaculture development. Threats- There is the potential of decline in the resources due to climatic changes and urban encroachment. There is uncertainty in the process of claiming aboriginal land. The dollar of Canada is strengthening which would be threat to MIFCL and there is the lack of support from public and community in supporting the commercial fishery. The recommended entry strategy for MIFCL is the joint ventures, as it would provide the company with the ample benefits. The company would be able to look into the original sources of exploration and harvesting of fishes. The partnership of the selected company using the joint ventures would act as the source of supply for the host country. The financial strength of the company would be strengthened and there is the sharing of the risk. The company would be able to know how the process, the technology, and the combination of the foreign partner with the local in depth knowledge would boost the ability of the newly managed company. The recommended internationalization strategy for the selected company is the global strategy. The reason behind this is that there are benefits of adapting to the global strategy. The company would be able to gain access to the mineral resources of the Canada and would enjoy the benefits of the economies of scale. There is also the high potential for the demand of the product globally. The competitive strategies of the company would be controlled by the home office of the country. Since Canada has the adequate fisheries resources, the company is able to buy the raw material in bulk and thus saving on the cost and enjoying economies of scale. Recommendation for dealing with the cultural differences: Familiarizing with the basics of culture of the host company, that is Canada and the company needs to get acquainted with the culture and learn about the cultural competence Conducting research of the target market since the decision making, ideologies and demand of customers varies greatly with the culture Being acquainted with the needs of the customers is an important aspect to overcome the cultural differences. References: Ajami, R., Cool, K., Goddard, J.G. and Khambata, D.M., 2014.International business: Theory and practice. Routledge. Ball, D., Geringer, M., Minor, M. and McNett, J., 2012.International business. McGraw-Hill Higher Education. Buckley, P.J., 2016.International business: economics and anthropology, theory and method. Springer. Cavusgil, S.T., Knight, G., Riesenberger, J.R., Rammal, H.G. and Rose, E.L., 2014.International business. Pearson Australia. Chidlow, A., Plakoyiannaki, E. and Welch, C., 2014. Translation in cross-language international business research: Beyond equivalence.Journal of International Business Studies,45(5), pp.562-582. Czinkota, M.R., Moffett, M.H. and Rokainen, I.A., 2015.Fundamentals of international business. Wessex. De Jong, E., 2013.Culture and economics: on values, economics and international business. Routledge. Sitkin, A. and Bowen, N., 2013.International business: challenges and choices. Oxford University Press. de Kerckhove, D.T., Minns, C.K. and Shuter, B.J., 2013. The length of environmental review in Canada under the Fisheries Act.Canadian Journal of Fisheries and Aquatic Sciences,70(4), pp.517-521. Dunning, J.H., 2012.International Production and the Multinational Enterprise (RLE International Business). Routledge. Dunning, J.H., 2013.Multinationals, Technology Competitiveness (RLE International Business)(Vol. 13). Routledge. Ertug, G., Cuypers, I.R., Noorderhaven, N.G. and Bensaou, B.M., 2013. Trust between international joint venture partners: Effects of home countries.Journal of International Business Studies,44(3), pp.263-282. Fertel, C., Bahn, O., Vaillancourt, K. and Waaub, J.P., 2013. Canadian energy and climate policies: A SWOT analysis in search of federal/provincial coherence.Energy policy,63, pp.1139-1150. Foley, P., 2013. National government responses to Marine Stewardship Council (MSC) fisheries certification: insights from Atlantic Canada.New Political Economy,18(2), pp.284-307. Forsgren, M. and Johanson, J., 2014.Managing networks in international business. Routl Griffin, R.W. and Pustay, M.W., 2012.International business. Pearson Higher Ed. Hamilton, L. and Webster, P., 2015.The international business environment. Oxford University Press, USA. Hill, C.W., Cronk, T. and Wickramasekera, R., 2013.Global business today. McGraw-Hill Education (Australia). Hofstede, G.J., Jonker, C.M. and Verwaart, T., 2013. A model of culture in trading agents. InModels for intercultural collaboration and negotiation(pp. 67-95). Springer Netherlands. Hutchings, J.A. and Post, J.R., 2013. Gutting Canada's Fisheries Act: no fishery, no fish habitat protection.Fisheries,38(11), pp.497-501. Islam, D. and Berkes, F., 2016. Can small-scale commercial and subsistence fisheries co-exist? Lessons from an indigenous community in northern Manitoba, Canada.Maritime Studies,15(1), p.1. Jenkins, R., 2013.Transnational Corporations and Uneven Development (RLE International Business): The Internationalization of Capital and the Third World. Routledge. Johanson, J. and Mattsson, L.G., 2015. Internationalisation in industrial systemsa network approach. InKnowledge, Networks and Power(pp. 111-132). Palgrave Macmillan UK. Kincaid, K.B. and Rose, G.A., 2014. Why fishers want a closed area in their fishing grounds: Exploring perceptions and attitudes to sustainable fisheries and conservation 10 years post closure in Labrador, Canada.Marine Policy,46, pp.84-90. KneÃ… ¾evi?, B. and Wach, K. eds., 2014.International Business from the Central European Perspective. University of Zagreb, Faculty of Economics and Business. Lambsdorff, J.G., 2013. Corrupt intermediaries in international business transactions: between make, buy and reform.European Journal of Law and Economics,35(3), pp.349-366. Poulis, K., Poulis, E. and Plakoyiannaki, E., 2013. The role of context in case study selection: An international business perspective.International Business Review,22(1), pp.304-314. Stahl, G.K. and Tung, R.L., 2014. Towards a more balanced treatment of culture in international business studies: The need for positive cross-cultural scholarship.Journal of International Business Studies,46(4), pp.391-414. Team, F.M.E., 2013. PESTLE Analysis.Strategy Skills. Thistle, J. and Langston, N., 2016. Entangled histories: Iron ore mining in Canada and the United States.The Extractive Industries and Society,3(2), pp.269-277. Vaillancourt, K. and Waaub, J.P., 2012. Canadian Energy and Climate Policies: A SWOT Analysis in Search for Federal/Provincial Coherence C. Fertel, O. Bahn. Verbeke, A., 2013.International business strategy. Cambridge University Press. Wild, J., Wild, K.L. and Han, J.C., 2014.International business. Pearson Education Limited. www.mifco.com

Advice for Injury Compensation Claim

Question: Write about the Advice for Injury Compensation Claim. Answer: Introduction The accidents that occurred in the private properties or businesses are common enough and the business or the property owner is liable to pay for the injuries if only their negligence can be proven in the court of law (Lewis, Morris Oliphant, 2006). This incident concerning a fall and back injury caused by spillage in an Aldi supermarket falls under this category and as the legal advisers report; this will consider the steps that should be taken by Tamara to ensure she gets compensation for the injury caused by the accident. Legal Support of the Claim First, it should be stated that the supermarket is not important and the fact that is mentioned in the case that only ALDI stocks the particular brand is irrelevant in relation to the case. All businesses no matter their size or speciality are liable for the safety of the consumers on the premises. According to the occupiers liability act 1957, the management of the store is responsible for any incident resulting in injury to any employee or customer (Buckley, 2006). Therefore, the circumstances that caused Tamara to run are irrelevant as the spillage that caused her fall and subsequent injury should be focused on (Bennett Gibbeson, 2010). From the law and case records, it can be gleaned that the risk to safety cannot be eliminated so if the accident was caused by some action or inaction of a specific person and could be prevented then the owner of the property has been acting in a negligent manner. The negligence to remedy the issue, warning of the danger or reporting to the author ities is deemed as statutory duties and the failure to maintain the safety of the premises is seen as negligence. The management of the safe environment is the responsibility of the property owner so in this case the Aldi supermarket authority is responsible for the situation. The Health and Safety at Work Act 1974 in this case is also applied as the maintenance of a healthy and safe working environment is based on the same principle and the supermarket is a place of employment for the staff. Even if it was not one of the staff who was responsible for the spillage that caused the accident the responsibility of the workplace falls on the employer as the customers are the people who are directly affected by the acts of the employees (Kachalia et al., 2008). The Management of Health and Safety at Work Regulations 1999 also stipulates that the risks of the trips and falls in the premises need to be assed periodically by the owner or the designated person. Any employees who were on duty in the vicinity should have reported the spillage that was in front of the frozen food sections and proper steps should have been taken to remedy the situation or at least provide sufficient warning to the people to avoid any such injury. It can be easily surmised that being a person in full control of her capacities Tamara would not have run if there were a wet floor or danger sign in the area. So this can be easily used to prove the fact that store authority was negligent in the matter of safety from trips or falls. The Workplace (Health, Safety and Welfare) Regulations 1992 is more clear on the matter as the proper condition of the floor that needs to be maintained by the owner of any premises and there needs to be a warning sign on the allocation to ensure that the customers are directed to move around the area to avoid injury. However, there was not any sign on the area of the spillage allowing Tamara to be warned of the dangers (Lewis, 2006). Therefore, the explained laws are clear on the matter of the accident that points out the responsibilities of the owners of the store and their management to prove that in this case they neglected their responsibility to ensure safety of customer sand are liable to be pay for the damages caused by their ignorance. Process for the Claim The procedures of the claim prior to the selection of a lawyer specialised in injury claims are given below to guide the efforts of the plaintiff Tamara. The accident occurred at a place of business so the relevant regulation have already been considered on the basis of the legal support of the incident from the relevant laws and according to the details the incident can be categorised as a injury art a business premises and the type of injury is slips, trips and falls. Tamara needs to mention clearly about the people who were present at the time of the incident and the relevant pictures of other evidences regarding the incident and the cause of the incident needs to be accounted in detail for the help in the collection of supporting evidence to prove the negligence of the business owner. The Witness accounts are the most important part of p [roving the liability of the store owner (Young, 2010). An entry in the supermarket accident book needs to be recorded and facts of the incident need to be reviewed to ensure the veracity of the account. Records of any medical examinations is also paramount to the claim and the documentation that presents the expense of the treatment is extremely important in determining the amount to e paid by the responsible organization Aldi in recompense. In this case, the injury was extensive and the medical reports detailing the extent of the injury need to be provided as proof of the extent of the injury. The loss of income for the period Tamara was hospitalized and rehabilitating are important in determining the amount to be claimed in compensation (Alexander, Badial Klein, 2006). Tamara needs to ask for the CCTV footage of the store monitoring the location so Tamara can present the details of the incident at the court as plaintiff. The supermarket Aldi is liable to provide the record of the incident under the freedom of information act 2000. Conclusion The report outline both the procedures of making the claim and the specifics of the incident in terms of the different laws applicable in the scenario to give credence to the case and aligns the specific case with the legalities applicable in the laws. Therefore, the report can easily guide Tamara through the initial processes of the claim before hiring an expert lawyer. References Alexander, D. A., Badial, R., Klein, S. (2006). Personal injury compensation: no claim without pain?. The Psychiatrist, 30(10), 373-375. Bennett, L., Gibbeson, C. (2010). Perceptions of occupiers' liability risk by estate managers: a case study of memorial safety in English cemeteries. International Journal of Law in the Built Environment, 2(1), 76-93. Buckley, R. A. (2006). Occupiers' Liability in England and Canada. Common Law World Review, 35(3), 197-215. Kachalia, A. B., Mello, M. M., Brennan, T. A., Studdert, D. M. (2008). Beyond negligence: avoidability and medical injury compensation. Social science medicine, 66(2), 387-402. Lewis, R. (2006). How important are insurers in compensating claims for personal injury in the UK?. The Geneva Papers on Risk and Insurance Issues and Practice, 31(2), 323-339. Lewis, R., Morris, A., Oliphant, K. (2006). Tort Personal Injury Claim Statistics: Is there a Compensation Culture in the UK?. Torts Law Journal, 14, 158. Young, D. (2010). Common sense, common safety. Cabinet Office, HM Government, London.