Due Week 10 and worth 140 points
The history of correctional institutions is well documented. Correctional institutions (jails and prisons) house individuals who are awaiting trial and serving both short- and long-term sentences. Correctional officers are responsible for the monitoring, treatment, and supervision of individuals who have been found guilty by a court of law.
For this assignment, we will take you inside a look at the “Most Violent Prison 2016 – Part 1 – Maximum Security” (video source: https://youtu.be/XGyxXGJWA2I).
Describe the main methods Sergeant Baldwin and his staff use to maintain order and safety in the prison. Take a position on the effectiveness, risks, pros and cons, and ethics of these methods.
Choose one (1) of the inmates profiled in this video–Terry Dibble, Simkayta Winfield, Jerico Jones, or Gregory Crowder–and discuss their situation. Explain how they ended up at Statefield, the main issues they described facing, and the methods they use to cope with their time in prison.
Discuss the effect you feel the presence of the active armed guards has on the violence level and overall safety within this prison.
Describe the issue of isolation in Statesville presented in this video and the effects connections and contact with outside visitors can have on the prisoners’ mental status.
Identify at least two (2) issues that gay inmates here uniquely face. Identify at least one (1) method of protecting gay inmates against each of these identified issues.
Take a position on how you believe conditions at Statefield could be improved. Include at least two (2) specific actions that could be taken to improve conditions (e.g., security and safety, abuse and use of force, isolation, poor food quality, etc.). Provide a rationale for your position.
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found that many VW cars being sold in America had a “defeat device” – or software – in diesel engines that could detect when they were being tested, changing the performance accordingly to improve results. The German car giant has since admitted cheating emissions tests in the US.
VW has had a major push to sell diesel cars in the US, backed by a huge marketing campaign trumpeting its cars’ low emissions. The EPA’s findings cover 482,000 cars in the US only, including the VW-manufactured Audi A3, and the VW models Jetta, Beetle, Golf and Passat. But VW has admitted that about 11 million cars worldwide, including eight million in Europe, are fitted with the so-called “defeat device”.
The company has also been accused by the EPA of modifying software on the 3 litre diesel engines fitted to some Porsche and Audi as well as VW models. VW has denied the claims, which affect at least 10,000 vehicles.
In November, VW said it had found “irregularities” in tests to measure carbon dioxide emissions levels that could affect about 800,000 cars in Europe – including petrol vehicles. However, in December it said that following investigations, it had established that this only affected about 36,000 of the cars it produces each year.
This ‘defeat device’ sounds like a sophisticated piece of kit.
Full details of how it worked are sketchy, although the EPA has said that the engines had computer software that could sense test scenarios by monitoring speed, engine operation, air pressure and even the position of the steering wheel.
When the cars were operating under controlled laboratory conditions – which typically involve putting them on a stationary test rig – the device appears to have put the vehicle into a sort of safety mode in which the engine ran below normal power and performance. Once on the road, the engines switched out of this test mode.
The result? The engines emitted nitrogen oxide pollutants up to 40 times above what is allowed in the US.
What has been VW’s response?
“We’ve totally screwed up,” said VW America boss Michael Horn, while the group’s chief executive at
the time, Martin Winterkorn, said his company had “broken the trust of our customers and the public”.Mr Winterkorn resigned as a direct result of the scandal and was replaced by Matthias Mueller, the former boss of Porsche.
“My most urgent task is to win back trust for the Volkswagen Group – by leaving no stone unturned,”
Mr Mueller said on taking up his new post. VW has also launched an internal inquiry. With VW recalling millions of cars worldwide from early next year, it has set aside €6.7bn (£4.8bn) to cover costs. That resulted in the company posting its first quarterly loss for 15 years of €2.5bn in late October.
But that’s unlikely to be the end of the financial impact. The EPA has the power to fine a company up to $37,500 for each vehicle that breaches standards – a maximum fine of about $18bn. The costs of possible legal action by car owners and shareholders “cannot be estimated at the current time”, VW added.
How widespread are VW’s problems?
What started in the US has spread to a growing number of countries. The UK, Italy, France, South Korea, Canada and, of course, Germany, have opened investigations. Throughout the world, politicians, regulators and environmental groups are questioning the legitimacy of VW’s emissions testing.
VW will recall 8.5 million cars in Europe, including 2.4 million in Germany and 1.2 million in the UK, and 500,000 in the US as a result of the emissions scandal. No wonder the carmaker’s shares have fallen by about a third since the scandal broke.
Will more heads roll?
It’s still unclear who knew what and when, although VW must have had a chain of management command that approved fitting cheating devices to its engines, so further departures are likely.
Christian Klingler, a management board member and head of sales and marketing is leaving the company, although VW said this was part of long-term planned structural changes and was not related to recent events.
In 2014, in the US, regulators raised concerns about VW emissions levels, but these were dismissed by the company as “technical issues” and “unexpected” real-world conditions. If executives and managers wilfully misled officials (or their own VW superiors) it’s difficult to see them surviving.
Are other car makers implicated?That’s for the various regulatory and government inquiries to determine. California’s Air Resources Board is now looking into other manufacturers’ testing results. Ford, BMW and Renault-Nissan have said they did not use “defeat devices”, while other firms have either not commented or simply stated that they comply with the law.
The UK trade body for the car industry, the SMMT, said: “The EU operates a fundamentally different system to the US – with all European tests performed in strict conditions as required by EU law and witnessed by a government-appointed independent approval agency.”
But it added: “The industry acknowledges that the current test method is outdated and is seeking agreement from the European Commission for a new emissions test that embraces new testing technologies and is more representative of on-road conditions.”
That sounds like EU testing rules need tightening, too. Environmental campaigners have long argued that emissions rules are being flouted. “Diesel cars in Europe operate with worse technology on average than the US,” said Jos Dings, from the pressure group Transport & Environment. “Our latest report demonstrated that almost 90% of diesel vehicles didn’t meet emission limits when they drive on the road. We are talking millions of vehicles.”
Car analysts at the financial research firm Bernstein agree that European standards are not as strict as those in the US. However, the analysts said in a report that there was, therefore, “less need to cheat”.
So, if other European car makers’ results are suspect, Bernstein says the “consequences are likely to be a change in the test cycle rather than legal action and fines”.
It’s all another blow for the diesel market. Certainly is. Over the past decade and more, carmakers have poured a fortune into the production of diesel vehicles – with the support of many governments – believing that they are better for the environment. Latest scientific evidence suggests that’s not the case, and there are even moves to limit diesel cars in some cities.
Diesel sales were already slowing, so the VW scandal came at a bad time. “The revelations are likely to lead to a sharp fall in demand for diesel engine cars,” said Richard Gane, automotive expert at consultants Vendigital.
“In the US, the diesel car market currently represents around 1% of all new car sales and this is unlikely to increase in the short to medium term.
“However, in Europe the impact could be much more significant, leading to a large tranche of the market switching to petrol engine cars virtually overnight.”
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The Jonas Brothers are looking for new markets for four major reasons: the increased safety regulations in the US, increased competition, high insurance costs to cover legal risks for owners, and children’s safety groups. The brothers believe their trampolines are safe and that they furnish beneficial exercise to children and adults (as well as being a good source of family entertainment). They believe it is essential to find new markets outside the US.
Using the illustration entitled “Figure Four Ways of Doing Business,” in International Business Management (https://www.tutorialspoint.com/international_business_management/international_business_management_tutorial.pdf) on page 32 of the Tutorials Points link, help the Jonas’ decide whether to go global or to stay local while improving the current business in a holistic manner.
Explain how you arrived at your answer and what other factors must be considered in choosing a strategic option.
Learning Activity #2
The Jonas Brothers think that they can go into other countries and manage the business just like the one in the US.
Explain to the Jonas’ in a memo some of the major differences and challenges in managing the operations abroad.
Please only post a single discussion thread that includes your responses to both learning activity 1 &2.
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Research Assignment Guidelines (see also subject outline for further information ) Please note: -As this is a research assignment, students are expected to go beyond the course materials and to conduct independent research in order to answer the assignment question.
-The content in the lecture topics listed in weeks 1 to 8 (see program on page 3 of the subject outline) will also provide useful guidance in relation to the assignment
. -Students are not required to address possible issues in relation to the lecture topics listed in weeks 9-12 of the subject outline (except to the extent that there is any overlap with lecture topics in weeks 1 to 8).
-Students are required to follow HIRAC to address the key issues arising from the facts eg, “Is the [$x] expense incurred, deductible to Sarah under s8-1, ITAA97?”, “Is the [$y] amount/benefit received, included in Sarah’s assessable income?” etc
-Students should identify the relevant key cases, legislation, tax rulings and principles of tax law, in relation to each key issue.
-Students should also include any relevant calculations of the assessable or deductible amount regarding each particular key issue, however students are not required to calculate the overall income tax payable by the taxpayer for the income year.
-Students may assume, as per the facts, that Sarah is an Australian resident for tax purposes. Accordingly, there is no need to discuss tax residency.
Structure/format -Make sure you follow the HIRAC methodology (see “Concise Guide to Answering Tax Law Problem Questions” and “Example illustrating HIRAC methodology” on UTS Online) -Use separate headings for each relevant key issue eg, “Is the [$x] expense incurred, deductible to Sarah under s8-1, ITAA97? -Maximum word limit is 1500 words (excluding references), students must not deviate from the word limit by more than 10% -Use at least 11 point font size (use one consistent font – Arial 11 or Times New Roman 12) Referencing -Make sure you include case citations for any cases referred to in your response eg, Brent v FCT (1971) 125 CLR 418 Case citations may be found easily in the Prescribed Textbook (see Table of Cases at the back of the textbook) or on the Lexis Advance Pacific database which can be accessed via the UTS Library website -Make sure you refer to any relevant specific sections of legislation for each key issue eg, s6-5, Income Tax Assessment Act 1997 (Cth) -Referencing style should be consistent throughout the response. For this assignment, students may use either: AGLC (see links below): http://www.lib.uts.edu.au/help/referencing/aglc-guide
Taxation Law: Research Assignment (40%) Word limit: 1500 words maximum (excluding references) Due Date: The assignment must be submitted both in hard copy to Law Reception (Level 3, CB05 B) and online via UTS Online by 5 pm on Tuesday 5 February 2019. Facts: Sarah is a full-time interior design consultant employed by a large interior design firm Design Co Ltd. She is an Australian resident for tax purposes. Sarah’s main duties are to provide advice to clients, and to develop functional and aesthetically enhancing designs for the interior of buildings. Design Co Ltd pays Sarah a salary of $80,000 per year. Design Co Ltd provides Sarah with a laptop computer to use for her work, however does not provide Sarah with an office. She lives in Strathfield where she uses a spare room at home as her home office which is the base of her consulting operations, where she prepares advice and designs for clients. The home office takes up about 20% of the floor area of the house. She spends 60% of her time in the home office on design work and 40% of her time in the home office chatting on the phone with her friends. During the 2017/18 year, Sarah incurs expenses of $30,000 for interest on her home loan, $3,000 for insurance and $7,000 for lighting and electricity for the entire house. On 1 August 2017, Sarah paid $9,000 (GST exclusive) for a new piece of design equipment for her home office. The design equipment has an effective life of nine (9) years. From 1 August 2017, Sarah uses the equipment 60% for preparing designs for clients, and 40% for designing a new kitchen for herself, which she plans to build in the future. For the 2017/18 year of income, she pays $700 membership fees for her membership of the Interior Designers Association of Australia, and $500 for subscriptions to Interior Design journals. Sarah is occasionally required to travel to client premises to provide on-site advice and inspect the interior of buildings and afterwards she travels directly home from the client’s offices. During the 2017/18 year of income, she incurs travel expenses of $4,000 in travelling from home to client premises and back home again. She is required, by her employer, to wear “all black” clothing when meeting with clients. During the 2017/18 year of income, she spends $700 on “all black” skirts, trousers, and tops to wear to client meetings. Sarah is very hardworking and in addition to her full-time job, she also teaches art classes at a community college in Newtown during the week, in the evenings. She travels from home to the college in Newtown to teach, and afterwards she travels directly home from the college. During the 2017/18 year of income, she incurs travel expenses of $5,000 in travelling from home to the college in Newtown and back home again. She receives $25,000 from teaching at the college during the 2017/18 income year. In July 2017, Sarah also commenced a Master of Business Administration (MBA) degree at university, as she hopes to move into a management role (and away from an interior design role) in the future. During the 2017/18 year of income, she incurred $6,000 for course fees and $700 for textbooks. In January 2018, while exploring the new year sales, Sarah came across a good bargain and purchased a 120-year old, antique bedroom furniture set (comprising a bed, 2 bedside tables and a chest of drawers) for $1,550 ($450 for the bed, $350 for each bedside table, and $400 for the chest of drawers). She negotiated with the vendor to buy each piece of the set separately. A few weeks later she received an offer of $4,400 for the set. She negotiated with the purchaser to sell each item separately ($2,000 for the bed, $700 for each bedside table, and $1,000 for the chest of drawers). Required: Advise Sarah regarding the tax implications to her, arising from the above facts, in relation to the 2017/18 year of income. In your answer, make sure you consider the potential assessability for income tax purposes to Sarah of any of the above events, and the availability of a tax deduction for any expenses incurred. Also make sure that you apply the HIRAC methodology and refer to any relevant cases, legislative provisions, tax rulings and principles of tax law. (40 marks)
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Listing Steve Cole and Amy Doe Agreement Steve Cole and Amy Doe showed up at your agency while you were on the floor. They are interested in selling their home and are ready to sign a Listing Agreement with you.
Listing Steve Cole and Amy Doe Agreement
You let your broker know and she has told you to fill out the forms and show them to her for approval. Complete the Listing AgreementPreview the document using the information below. The information you need: The property is located at 100 S. 4th Street, Weatherford, Oklahoma. Legal Description is Lot 4, Block 5 of the Hahns Addition to the City of Weatherford, Oklahoma. The Sellers wish to list the property at $185,000. The Listing will begin on January 27th, 2019 and expire on March 27th, 2019. The commission is 6% (no other special conditions relating to commission). Sellers will allow a lockbox on the property. Sellers will allow disclosure of offers to others. Title Company fees are estimated to be $500. Seller does not agree to a Residential Service Agreement. The property is not located in a flood zone.No other special conditions. Acceptance is the day you prepare the Agreement. You will also need to prepare a Disclosure StatementPreview the document for the house. The Sellers are not aware of any defects to the property. However, this form is not one you can complete in Adobe, so please review and become familiar with the form. You do not need to submit it with the Listing Agreement.
Federal statutes ordinarily apply to conduct that occurs only within the United States and its territories. However, some laws are deemed to be extraterritorial, that is, they apply outside the U.S.
as well as within the U.S. “Extraterritoriality”’ may apply to both civil and criminal statutes. Prepare
answers to the following questions, but do so within a well-written research paper« you need to cite case law and/or statutes to support your answers.
1. How does a federal statute become extraterritorial? In other words, what makes a statute extraterritorial? Explain.
2. Identify the kinds of laws that are extraterritorial, providing specific examples of such taws.
3. To whom do these laws apply when enforced outside the U.S.? U.S. citizens? Non-U.S. citizens? And, in which courts, and where, would enforcement take place?
4.Are there “safe harbors” for some business practices that would violate U.S. law?
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Think about how you could improve relationships between your organization and those agencies that regulate it. List and discuss what your organization could do to improve these relationships, using material from the reading and lecture as a basis for this discussion.
relationships in ordinary periods where no proposed regulation is being considered and no examination is underway,
relationships when a rule is proposed or likely to be proposed by your regulator;
relationships when you are being examined by your regulator, and
relationships when your regulator is investigating your firm or individuals associated with your firm. It is critical for the success of your business and the success of your regulator that you interact with your regulator in a constructive way in each of these circumstances.
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Piercing the Corporate Veil Doctrine Theory Each reply must be between 250-300 words
Question 1: Explain what “piercing the corporate veil” means.
Piercing the Corporate Veil Doctrine Theory
Give an example of circumstances under which the theory would be applied. What effect does this doctrine have?
Question 2: Review the case of Meinhard v. Salmonon pages 456 -457. Suppose that Salmon had disclosed Gerry’s proposal to Meinhard, who had said that he was not interested. Would the result in this case have been different? Explain your answer.
Textbook: Miller, R. L., & Jentz, G. A. (2016). Fundamentals of Business Law Today: Summarized Cases(10thEd.). Mason, OH: Thomson-West Publishing. ISBN: 9781305075443
Legally Binding Contract English Law Assignment question: “Judges have altogether too much input into the terms of legally binding contracts in English Law” critically discuss with statement 2000 words + footnotes
Legally Binding Contract English Law
Contract law coursework
Contents of contract will be in the expressed terms
Sometime contracts need to be in the context of a particular social economic situation
Some terms can be implied by the courts
Hutton v Warren [1836]
Sagar v Ridehalgh [1931]
Terms may be implied into contracts by the courts on the basis of an intention imputed by the parties from the actual circumstances
As a rule, the courts tend not to imply terms in contracts because it would interfere in freedom of contract
The “business efficacy” test-various tests developed for implying terms
The Moorcock [1889]
The “officious bystander” test
Shirlaw v Southern Foundries [1926]
Terms that are so obvious, that without it, the contract would not make any sense
Shell UK v Lostock Garages Ltd [1976]
Both the officious bystander test and business efficacy tests are subjective
Terms are not implied to make the cases fairer, it is only when necessary
Until recently it was seen that the courts would imply terms in some cases just to fill in the gaps of the expressed terms- a process of addition, of necessity
Lord Hoffman said that implied terms cannot be an addition as they have been there all along
Marks & Spencer plc v BNP Paribas Securities Services Trust CO. (Jersey) Ltd [2015
Lord Neuberger “…the law governing the circumstances in which terms
Following Marks & Spencers plc, there is a two-stage approach to the interpretation of contractual terms and the implication of terms by the courts
1. The courts will first look at the express terms of the contract to identify the intentions of the parties through he interpretation of the words used
Legally Binding Contract English Law Assignment Questions
2. It must be
Assignment question: “Judges have altogether too much input into the terms of legally binding contracts in English Law” critically discuss with statement 2000 words + footnotes
Critical analysis: Look at the statement from different points of view
In the introduction you show the approaches that you’re going to take
First paragraph: “on the one hand”, “on the other hand”
Build into the assignment the civil justice system i.e. the role of the judge
How to include your own opinion without starting with “I”.
Refer to the legal significance of a case when mentioned in the assignment
What constitutes good sources
Judicial decision
“Substantial” textbooks- citations from judges should be from the case not textbook
Specialist monographs on a given legal topics
Broadsheet newspaper articles
Government reports and papers
Reports of parliamentary debates
Reports from officially recognize sources
Evaluate Changes Antidiscrimination Laws Write a paper in which you reflect about how the significant changes in Federal anti-discrimination law occurring since 1990 have had an impact in employees and organizations.
Evaluate Changes Antidiscrimination Laws
For example, are these anti-discrimination laws providing more protections for employees such as preventing sexual harassment or more opportunities in organizations for the disabled? Are these anti-discrimination laws changing the culture of organizations so that there is more tolerance of individual employee differences? What have been the impacts of these changes? Explain why these changes are or are not necessary for gaining a competitive advantage in a global economy.
