Reflection on Business Law Essay Paper

Reflection on Business Law

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Reflection on Business Law

Unit 1: Judicial Concepts

The law in business is also an essential element that provides a critical understanding of the business environment in which an organization operates and generally impacts the commercial transactions of an entity. The law therefore ensures that considerations are given on an aspect that deals with an organizations contracts, partnerships, taxations, torts, intellectual properties, consumer protection including international trade. An instance of this can be depicted in an event that a corporation is entering into a joint venture. The law comes in place to institute the functions of the venture.

Court decisions in relation to law also have an impact on the policies and the legislative executive actions that may influence the operations of businesses within a given environment. The state decisions in which businesses are expected to abide by can influence the decisions of a business venture operating in different countries. For instance, the Virgin Atlantic in opening its operations in the Asian countries need to abide by the air regulatory laws that govern the region. These factors therefore may force the airline to limit some of its operations to meet the regulations of the market.

Unit 2: Basics of Contract Law: Formation, Breach, and Remedies

A contract is understood as a legal and voluntary agreement made by individuals who have the appropriate capacity. The different types of contracts are: implied contract – this includes obligations that arise from a mutual agreement as well as intention to promise, which have not been expressed in worlds. Express contract – both parties state the terms, either in writing or orally, at the moment when the contract is formed. Contracts under seal – conventionally, a contract became an enforceable legal document only if the contract was stamped using a seal. Executed contract – one where nothing is remaining to be carried out by either party. Executor contract – where some future obligation or act remains to be carried out in accordance with its terms.

The following are the elements of a contract: (i) an offer – one party in the contrast promises to perform something or to avoid doing a particular specified action in future.

(ii) Acceptance – the offer is accepted explicitly by the other party. (iii) Consideration, or an exchange of value – a valuable thing was promised in exchange for the particular non-action or action. (iv) Mutuality – the parties in the contract had a meeting of the minds with regard to the agreement. Both parties understood and were in agreement on the basic terms and substance of the contract.

Unit 3: Intellectual Property, Creditor-Debtor Relations, and Employment Law

The different protections for business intellectual property include copyright, registered design, trademarks, trade secrets, and patents. Patent: strength – patent owners might bring a patent violation suit on anybody who makes use of the invention without permission. Investors might file a Provisional Patent Application in order to protect patentable invention before it is complete. Weaknesses – patents only last for 20 years and as soon as they expire the inventor does not have legal protection over the invention given that it has fallen into public domain.

Copyright: strength – lasts the author’s lifetime plus 7 decades, and protects creative work from being utilized by others with no permission. Weakness – if an employee creates something, the employer will own the copyright for that idea or product.

Unit 4: The Business Entity and Agency Law

In limited partnerships, the limited partners have to agree not to take any active role in the everyday management of the partnership’s business. As such, the limited partners are protected from the individual liability for the actions of the partnership.

In limited liability corporations, the corporation is a distinct legal entity. Generally, a corporation, and not the corporation’s owners, is legally responsible for the debts that are incurred during the course of its business. The liability protection which is afforded to limited partners is the same as the protection that is afforded to a corporation’s shareholders.

Unit 5: Tort Law, Consumer Protection, and Product Liability

Intentional torts against property include trespass to land, and trespass to personal property. Unlike intentional torts, negligence does not require intention on the part of the tortfeasor, and neither does it require that the tortfeasor believe or know the effects that might be caused by her/his omission or action.

A tort is a private legal action that does not involve the state but the people who may seek protection in filing suits in an event that harm is caused. Through this, the state may therefore come in to prosecute the violation that would see the organization be sued for the damages that are accrued in the act. It is therefore essential that organizations operating in various environments are enlightened with these laws in order to function effectively.

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Tort Law Essay Paper Assignment

Tort Law

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Tort Law

Part one: Quests ion 1

In our daily lives and encounters, various incidences of torts do occur to us. These torts also known as civil wrongs that the law recognizes, hence used as a basis for lawsuits. Wrongs can result to harm or even injury and this constitutes the basis upon which the injured person claims for compensation (Varuhas, 2014). Therefore, tort laws help to deter other people from committing the same mistakes as well as providing relief to those that experienced damages or injuries. I have personally experienced a real tort issue. I was driving, but failed to obey traffic lights. The police arrested me and charged me for negligence in the court of law. The court found that I did a mistake of putting the life of other road users at risk. My action was unreasonable, hence punishable to ensure that I do not repeat the mistake again, and served to deter other road users from breaching any traffic rules.

I think it was right for me to pursue litigation because even if I mistakenly failed to obey traffic lights, I was putting the life of other road users at risk. The reason for losing this litigation is clear. I was on the wrong and therefore, deserved the punishment. Putting other road users at risk due to negligence is wrong, hence punishable.

Question 2

Tort is a legal wrong meaning that any individual that is injured by another, has a right to pursue for compensation from the person responsible for the injury through civil lawsuit (Varuhas, 2014). The injured individual has to prove this in the court and the plaintiff attorney requires that the evidence contain four elements of a tort. One of the elements is for the injured person to demonstrate that the person that caused the injury had a duty to protect or observe the safety of the injured (Hmpfmlaw.com, 2015). The second element is to prove that the defendant failed to observe the duty, hence endangered the safety and health of the injured or the plaintiff. Third is for the plaintiff to have sustained injury of some nature, and lastly the plaintiff need to prove that the injury sustained was because of the defendant negligence (Hmpfmlaw.com, 2015). The case will not be clear incase the element was not met clearly, hence in such incidences no litigation cause of action may be instituted or taken against the defendant.

Topic 2

In commercial tort law, the owner of the car cannot be liable to a thief that incurs injuries in case the stolen car had no brakes. Such an incidence does not qualify to be a commercial tort, and therefore, no commercial tort claim can be demanded. Commercial tort law deals with businesses only where a businessperson or business as an entity makes a claim to someone for the suffered harm. Furthermore, a claim can only be made in case the claimant is an individual or an organization in case the claim came about in the course of the claimant profession or business and such is not inclusive of damages that arise to personal injuries or death of a person (US Practical Law, 2015). Therefore, in this incidence, the accident did not occur in the course of the thief’s’ business or profession. Furthermore, the damages the thief succumbed are personally injuries that are not compensated by the commercial tort claim. Therefore, there is no way that the owner can be liable for the injury the thief sustained.

Reference

Hmpfmlaw.com. (2015). The four elements of a tort. Retrieved from: http://www.hmpfmlaw.com/articles/the-four-elements-of-a-tort

US Practical Law. (2015). Commercial Tort Claim. Retrieved from: http://us.practicallaw.com/8- 382-3350

Varuhas, J. N. (2014). The Concept of ‘Vindication’ in the Law of Torts: Rights, Interests, and Damages. Oxford Journal Of Legal Studies, 34(2), 253-293.

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Business law Case Study Essay Available

Business law Case Study Essay

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Instructions
This document consists of three (3) pages including this page.
There are three (3) questions and all questions must be answered. This assessment task contributes 30% of your final grade. The questions are not equally weighted. This assessment task is based upon the content covered in Weeks 4 and 5 (Contract law).
Word limit: The word limit for the entire assignment is 1500 words. There is no 10% margin of error on the word limit and you may not use footnotes to get around the word limit (eg, such as by placing extra text in the footnotes – footnotes should be used for the reference only as a general rule, not for added descriptions).
Referencing style: Assignments must be referenced adopting an appropriate business referencing style.
Submission: You must submit your assignment answers in accordance with the procedure outlined in the Learning Guide (i.e., must be submitted through Turnitin). The assignment must be submitted by the due date and time, or late penalties will begin to accumulate until received.
If relevant please review the University Policies on Applications for Extensions and Special Consideration. Please note that if you are applying for an extension or special consideration you MUST ATTACH YOUR WORK DONE on the assignment up to the date of your application. Do not assume your application will be successful. You need to upload your assignment as soon as you are able, to ensure penalties are minimised.

Please do NOT affix an Assignment Cover Sheet to your assignment. Assignment Cover Sheets are automatically built-in to Turnitin.

Do NOT attach a copy of these instructions, or of the questions, as part of your assignment, but number your answers to correspond to the numbered questions.
Marking: The marking criteria and standards are set out in the Learning Guide and will be used when marking and to provide feedback on your assignment. You may find it helpful to consult these while working on your assignment. See the Learning Guide for other information about marking and return of assignments.

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Business law Case Study Essay

Advice to Dorothy

Dorothy does not have a binding contract with Brian. A contract is a written or verbal agreement which meets particular conditions thereby making it enforceable at law (DiMatteo, 2013). The conditions are as follows: (i) offer and acceptance; (ii) each term of the offer has to be agreed upon; (iii) each party has to intend to be legally bound to the contract; and (iv) there has to be consideration – a valuable something has to be exchanged during the transaction (LaMance, 2011). Dorothy and Brian did not agree upon all of the terms of the contract. Dorothy wanted Brian to pay cash of $1,500,000 in one lump sum on settlement but Brian insisted on paying the amount in 4 instalments. However, Dorothy has a binding contract with Lionel since they both agreed upon the terms of the offer, that is, $1,750,000 in cash for the family home. Moreover, with Lionel, there was offer and acceptance but with Brian, there was no offer and acceptance.

Advice to Rachel

Although Rachel denies that Fang’s temper was ever a term of the contract, it in fact was. The promise that Rachel made to Emily – that Fang is even tempered – is binding. If the parties in a contract exchange promises, in contract law, every promise is a consideration for the other promise. Failing to fulfil a promise in a contract is an infringement of the contract, for which the other party might take legal action for damages and/or performance (Weitzenbock, 2012; Mathews, 2015). When Rachel promised Emily that Fang is even tempered, this promise is binding and Emily may sue her since Fang turned out not to be even tempered.

Phillip cannot sue the ferry company

The ferry company had an Own Risk clause and this clause applies to the contractual relationship between the Ferry Company and Phillip. This clause is effective (Howard, 2015). It relieves the Ferry Company from liability for negligence navigation by its captain that resulted in the ferry colliding with an underwater obstruction marked by a warning buoy. If there was no Own Risk clause, then the Ferry Company perhaps would have been liable for Phillip’s damages in this case (Clarke & Yates, 2013).

References

Clarke, M. A., & Yates, D. (2013). Contracts of carriage by land and air. American Business Law Journal, 34(2), 67-75.

DiMatteo, L. A. (2013). Fifty Years of Contract Law Scholarship in the American Business Law Journal. American Business Law Journal, 50(1), 105-158. https://www.doi:10.1111/ablj.12006

Howard, J. S. (2015). Contract Resurrected! Contract Formation: Common Law ~ UCC ~ CISG. North Carolina Journal Of International Law & Commercial Regulation, 40(2), 245-291.

LaMance, K. (2011). Contract for the purchase or sale of a home. American Business Law Journal, 50(1), 105-158.

Mathews, K. (2015). CloudConsumer: contracts, codes & the law. Computer Law & Security Review, 31(4), 450-477. https://www.doi:10.1016/j.clsr.2015.05.006

Weitzenbock, E. M. (2012). English law of contract: Terms of contract. Governance Directions, 62(7), 430-434.

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A Law Case Pertaining Intellectual Property

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A Law Case Pertaining Intellectual Property

The context, purpose, importance and relevance of intellectual property law in a business environment
Identify the parties who are involved in before the court.

The parties involved in court are Apple Inc. And Samsung limited.

Provide a brief background to the problem

Two giant telecommunications companies Apple and Samsung have been battling out in courts about infringement of intellectual property disputes. The two companies have been having a series of lawsuits regarding the design of tablets and Smartphone (Apple vs. samsung lawsuit, 2011). The two companies are litigating against each other over patent infringement suits.

Intellectual property is one important intangible asset that is gaining a prominent position in the global economics. Changes in the world business environment have influenced the development of business models where intellectual property is central elements in establishing potential growth and value (Banks, 2012). Intellectual property is important because of its ability to provide a company with competitive advantages (Research and markets, 2010). Take for instance in the case of Samsung vs. Apple, people consider the shape of a tablet before purchasing it such as whether it is excellent when in rectangular form or rounded corners. The use of touch screen technology also provides a competitive advantage in the Smartphone production industry, and these giant companies protect other companies from adopting such technology (Apple vs. samsung lawsuit, 2011). The purpose of intellectual property is to encourage innovation and invention of new ways of doing things. On the same note, intellectual property rights are instituted to ensure that creators and inventors of new ideas benefit from their own invention. And as such, the law about intellectual property is important in the business world for ensuring that intangible assets are protected and that entrepreneurs enjoy the benefits of their creativity and innovation (Banks, 2012).

Specific disagreements between the two parties

In this case Apple accused Samsung of copying software features such as universal search, quick links, slide-to-unlock, automatic word correction and background syncing (Apple vs. samsung lawsuit, 2011). The patents Nos. were 5,946,647; 7,761,414; 8.046, 721; 8,074,172 and 6,847,959. Their argument was that their patents make the user interface more engaging and enable ease of use. On the other hand, Samsung Accused Apple for infringing ‘239 patent about video transmission functionality and patent camera and folder organization functionality (Apple vs. samsung lawsuit, 2011). The U.S. Patent Nos. is 5,579,239 and 6,226,449.

Ruling of the court

The court ruled that Samsung infringed Apple’s patent “quick links for ‘647”. The Jury also found that the “slide-to-unlock feature” was used in some of the Samsung devices, for instance, Galaxy Nexus (Apple vs. samsung lawsuit, 2011). The Judge also ruled out that Samsung infringed “automatic word correction” patent.

Evaluate key judicial concepts that influence the decisions related to business
Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision.

Yes. There was a dissenting opinion on the ‘647 patent. The judges differed that the patent was too broad. The Samsung counsel argued that Judge Koh infringement and damages claim should have been removed because it was erroneously supported based on a wrong claim. Judge Koh had disagreed with Posner claim of construction earlier in Apple vs. Motorola.

Provide examples and cites dissenting rules and reason for dissent

The United States Court of Appeals affirmed construction of ‘647 “quick links” after seven and half months. Judge Posner allowed the Chicago trials to take place though it was cancelled earlier (Apple vs. samsung lawsuit, 2011). Judge Posner decision on denial of an injunction was supported by most of the judges though Chief Judge Rader differed.

Do you agree with court’s decision? Why or why not

Yes. I agree with court decision because such claims should be heard in a court of appeal so as to recognize the value of patents and compensate the inventors however much cheap a patent might look (Research and markets, 2010).

References

Apple vs. samsung lawsuit full of secret combat. (2011). Reuters Hedgeworld, Retrieved from http://search.proquest.com/docview/907562431?accountid=45049

Banks, T. (2012, Aug 28). Apple vs samsung – what does it mean for design? Design Week (Online), Retrieved from http://search.proquest.com/docview/1035364317?accountid=45049

Research and markets: Intellectual property in business transactions: Protecting the competitive advantage. (2010, May 12).Business Wire Retrieved from http://search.proquest.com/docview/276293904?accountid=45049

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Judicial Review is the power of the U.S.

Supreme Court to declare laws of the national and state governments and actions of the national and state governments as unconstitutional. Judicial review allows the U.S. Supreme Court to determine what is legal and what is not legal based on the Supreme Court’s interpretation of The U.S. Constitution. Those that oppose the viewpoint that the Supreme Court has the power of judicial review refer to Article III of The U.S. Constitution and argue that there isn’t anything written in The U.S. Constitution giving the U.S. Supreme Court the power of judicial review. Since it is not written in the U.S. Constitution, individuals that oppose the argument that the Founding Fathers had intended for the Supreme Court to have the power of judicial review, argue that the Founding Fathers never intended for the U.S. Supreme Court to have the power of judicial review.

Supporters of the U.S. Supreme Court having the power of judicial review bring up what was written in Federalist #78 by Alexander Hamilton, one of the
Founding Fathers. Since the Federalist Papers were written by the Founding Fathers to describe the makeup of the new government under the U.S. Constitution, supporters of the U.S. Supreme Court having the power of judicial review argue that Federalist #78 provides many examples of Hamilton’s support of the U.S. Supreme Court having the power of Judicial review. Access and read Federalist #78 from the attached file. Hamilton provides over two dozen examples supporting the argument that the Supreme Court will have the power of judicial review. I expect each student to provide ALL of these examples. After reading Federalist #78, provide Hamilton’s examples from the document that supports the argument that the Founding Fathers did indeed intend for the Supreme Court to
have that power. Again, you must provide material from Federalist #78 that specifically shows that the author of Federalist #78 did indeed intend for the
Supreme Court to have the power of judicial review; make sure that discuss each one of those statements and also specifically describe how each one of those
statements justifies the assumption that the founders intended for the Supreme Court to have judicial review, don’t just provide the statements from the Federalist paper. Conclude your response with your opinion, and why you have that opinion, about the benefits and problems with the Court having this power.

Do NOT write in your response about the justices having life tenure/good behavior or that they are nominated by the President and confirmed by the Senate; neither of these concepts have anything to do with judicial review.

The Federalist
The Judiciary Department
Independent Journal
Saturday, June 14, 1788
[Alexander Hamilton]

To the People of the State of New York:
WE PROCEED now to an examination of the judiciary department of the proposed government.
In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out. It is the less
necessary to recapitulate the considerations there urged, as the propriety of the institution in the abstract is not disputed; the only questions which have been raised being relative to the manner of constituting it, and to its extent. To these points, therefore, our observations shall be confined.
The manner of constituting it seems to embrace these several objects: 1st. The mode of appointing the judges. 2d. The tenure by which they are to hold their
places. 3d. The partition of the judiciary authority between different courts, and their relations to each other.

First. As to the mode of appointing the judges; this is the same with that of appointing the officers of the Union in general, and has been so fully discussed in the two last numbers, that nothing can be said here which would not be useless repetition.

Second. As to the tenure by which the judges are to hold their places; this chiefly concerns their duration in office; the provisions for their support; the
precautions for their responsibility.

According to the plan of the convention, all judges who may be appointed by the United States are to hold their offices during good behavior; which is
conformable to the most approved of the State constitutions and among the rest, to that of this State. Its propriety having been drawn into question by the adversaries of that plan, is no light symptom of the rage for objection, which disorders their imaginations and judgments. The standard of good behavior for the continuance in office of the judicial magistracy, is certainly one of the most valuable of the modern improvements in the practice of government. In a monarchy it is an excellent barrier to the despotism of the prince; in a republic it is a no less excellent barrier to the encroachments and oppressions of the representative body. And it is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws.

Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a
capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the
purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over
either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly
be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its
judgments.

This simple view of the matter suggests several important consequences. It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power 1; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend
itself against their attacks. It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty
of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive.
For I agree, that “there is no liberty, if the power of judging be not separated from the legislative and executive powers.”2 And it proves, in the last
place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other
departments; that as all the effects of such a union must ensue from a dependence of the former on the latter, notwithstanding a nominal and apparent
separation; that as, from the natural feebleness of the judiciary, it is in continual jeopardy of being overpowered, awed, or influenced by its co-ordinate
branches; and that as nothing can contribute so much to its firmness and independence as permanency in office, this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure, as the citadel of the public justice and the public security.
The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which
contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws,
and the like. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to
declare all acts.

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Free Movement of goods European Union Law

COURSEWORK QUESTION:
The following is a hypothetical situation. 3250
Primani is one of Italy’s leading department stores. Roberto, an Italian national, acquired the franchise rights to open the first Primani department store
in the UK. Trading began in April 2013. He initially thought it would be possible to manage his staff via Skype, but believes in order to make the venture a
success he will need to relocate to Bristol to oversee the project.
He seeks your advice on a number of issues relating to EU Law.
Primani’s latest shipment of decorative lamps have been held up in Dover by the British Customs Authorities on the basis that the lamp stands may contain concealed packets of cocaine. Roberto, concerned by the delay, has contacted UK Customs for more information. They explain that they have had to take action because of credible information contained in a TV documentary on Mediterranean drug cartels. All imported lamps into the UK are to be inspected.

Whilst there is no charge for the inspection, all Lorries containing the shipments are to be kept in a secured car park near the Port at a rate of £40 per
day whilst the inspections are conducted. He is told this is to ensure the fairness of the process and to eliminate the risk of third party interference with
the goods.
Since the TV documentary aired, the Media and Press has been critical of the lack of action on drugs smuggling into the UK. The UK Government, keen to tell the voting public that they are taking firm action for the interests of public policy, have imposed a further requirement on retailers of imported lamps. The shop shelves which display the imported lamps must display number of large notices, almost 12 cm x 9 cm in size, which contains the message ‘Imports Inspected and Cleared by UK Customs.’ Roberto and the manager of the store’s lighting department considers this will potentially dissuade consumers from purchasing these products.

Questions
a) What are Roberto’s rights to set up a branch of Primania in the UK and what would you advise in relation to his intention to relocate?
b) What advice would you provide in relation to the lamp inspections
c) What advice would you provide in relation to the car parking requirement?
d) What advice would you provide in relation to the requirement to display a notice on shop shelves?
e) Finally, if you consider that EU Law has been breached by any of the parties mentioned, what options are available to Primani?

QUESTIONS TO CONSIDER IN COMPILING THE RESEARCH TRAIL 750 WORDS

Methods
This is sometimes referred to as methodology.
• How did you go about conducting your research?
• How did you select your list of materials that were relevant to the topic?
• Did you search the library databases and catalog?
• Did you do this yourself or did you need to seek help from the law librarians?

Sources
• What sources or type of materials did you select for your research?
• Did you research primary sources of legislation and cases, and secondary sources of legal encyclopedia, books and journal articles?

Analysis
The analysis and evaluation of the effectiveness of the techniques used and of the sources will be considered together. This is your chance to provide your own reflection and requires you to assess your own methodology and the sources you have chosen.

For example:
• Was your methodology effective and efficient?
• Have you learned anything about researching that would lead you to select materials in a different way in the future?
• Have you learned anything about the type of searches you should use to find particular types of materials?
• If you asked the law librarians for advice, what did you learn?
• Could you have used the materials you selected in a different or better way to support the points that you have advanced?
• Which types of materials did you find most useful to the topic area and why?

Finally you must consider what you have learned from your research. You should reflect on the way the resources that you have researched have developed your thinking and approach to answering the set question.

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Case Study Assignment Paper Available

Case Study

Read this case than answer: 1.What is the best business model to factor quick growth?
2.Imagine that Mercy Corp wished to replicate this in North Liverpool. What model would you recommend and why?
Remember the maximum wards is 400.

Use at least three (3) quality references Note: Wikipedia and other related websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

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Chapter 3 HRD Research Paper Available

Chapter 3 HRD

Please can you start working in chapter 3. I will upload some new materials today related to the conflict resolution training program from HRD.
Very Important:
1- Please make sure your read chapter 1 and 2 very carefully because there are many things have been changed.
2- Please make sure you read the 2 PDF files that I will attach. These 2 files are the actual training program from HRD in Ventura County. Please don’t you
think that you need to say something about them on the thesis??
3- According to the HandBook CHAPTER 3 should include the following:
Chapter III: Method
Overview
Research Method
Research Design
Pilot Studies (if applicable)
Selection of Subjects
Instrumentation
Procedures for Data Collection
Procedures for Data Analysis
Assumptions and Limitations
of the Study
Summary
*please read the HandBook on the attachment.
4- Please make sure the language of the written is English as Second Language which mean make the language easy to understand and no hard vocabulary words

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Wellness International Network LTD Et al vs Sharif 2015

Wellness International Network LTD Et al vs Sharif 2015 Order Instructions: Sending Instructions by email.

Wellness International Network LTD Et al vs Sharif 2015 Sample Answer

WELLNESS INTERNATIONAL NETWORK, LTD., ET AL. v. SHARIF, (2015)

Nature of the case

Plaintiff, Richard Sharif, brought an action at the U.S. Supreme Court on 14 Jan 2015 against the defendant, Wellness International Network Limited, for violation of a payment contract (Helveston & Jacobs 2014). Defendant sought inter alia, a declaratory judgment from the Bankruptcy Court challenging that a trustee to Sharif argued to administer was I Sharif’s double and the assets of Sharif was his personal possessions (Sharif) and a part of his bankruptcy estate. Plaintiff and defendant filed many cases trying to outdo each other.

Facts

Wellness International Network Limited is a manufacturer of health and nutritional items. Both plaintiff and defendant entered into a contract under which Sharif was to distribute products on behalf of the accused. However, the correlation between the applicant and the defendant became worse at the onset of 2015 when Sharif sued Wellness in the U.S. District Courts for the Northern District of Texas. The relationship continued to become sourer as Sharif repeatedly continued ignoring Wellness’’ discovery request, as well as other litigation responsibilities (Helveston & Jacobs 2014). This resulted in an entry of default judgment for Wellness. Consequently, the District Court aware Wellness $650,000 in attorney fees.

In Feb 2009, Sharif filed a case based on Chapter 7 Bankruptcy in the other District of Illinois. The case listed Wellness as a creditor. Instead, Wellness demanded documents relating Sharif’s assets, which Sharif denied. Later, Wellness obtained a loan application Sharif had filed back in 2002, giving more than $5million in assets. When confronted, Sharif told Wellness as the Chapter 7 trustee that he had lied on the loan application. Soad Wattar Living Trust (a firm Sharif admitted he managed on behalf of her mother and for his sister) owned the listed assets, as Sharif claimed. Wellness coerced Sharif for information regarding the Trust, but Sharif again refused. Wellness went ahead to file a petition that Sharif had concealed his property behind the name of a Trust (Easley, 2014). Being a five-count adversary complaint, Count V of the complaint sought a declaratory judgment that Sharif alter ego and that the assets should be treated as a component of the bankruptcy estate. Sharif withheld the information of Trust up to 2010, where the Bankruptcy Court could not take it more and issued a ruling terming Sharif’s actions as a violation of the court’s discovery order (Helveston & Jacobs 2014). In addition, Sharif was denied a request to discharge his debts. The court went ahead to declare that the assets held by Trust were the property of Sharif’s bankruptcy estate because Sharif treated Trust’s property as his.

Contracts are very crucial when seeking justice at the court of law. They form the basis for filing a complaint. However, when the court makes a final verdict, certain judges are not contended by such decisions (Helveston & Jacobs 2014). For instance, the case between Wellness and Sharif, certain justices in the District disagreed with the verdict of the majority judges to affirm the earlier judgment of Trust’s property to be part of the bankruptcy estate (Easley, 2014). This disagreement was because, although Sharif appealed to the District Court, the court resulted to be Stern. The judges also disagreed with the other judges when they made their decision arguing that Sharif being on leave to file a supplemental brief was untimely, and, therefore, affirmed the Bankruptcy Court’s judgment. In my opinion, I disagree with the court decision, as Sharif should have been allowed to file the supplemental brief.

Wellness International Network LTD Et al vs Sharif 2015 References

Easley, D. (2014). Florida’s New Jury Instructions in Contract and Business Law Law Cases: A Premier. Florida Bar Journal, 8894), 40-44.

Helveston, M., & Jacobs, M. (2014). Te Incoherent Role of Bargaining Power in Contract Law. Wake Forest Law Review, 49(4), 1017-1058.

Laws on never events Essay Assignment

Laws on never events

Order Instructions:

“The Whiteness Project is a multi-platform media project that examines both the concept of whiteness itself and how those who identify as “white” process their ethnic identity. The project’s goal is to engender debate about the role of whiteness in American society and encourage white Americans to become fully vested participants in the ongoing debate about the role of race in American society.”

The task is to dialogue with two different people who are profiled on The Whiteness Project website. You must choose two of the following four people:

1. The white man wearing blue hospital scrubs;

2. The white woman wearing Purple Blouse w/silver chain and medallion;

3. The white woman with long blonde hair and wearing black shirt with white vertical stripes;

4. The white woman with short brown hair, nose ring, and glasses.

You can agree with what they say. You can disagree. You can strongly object. You can get into a heated argument. That decision is entirely yours.

To aid your efforts, please read (and reference in your essays) the attached readings: (1) Bonilla Silva, “Rethinking Racism” (2) Desmond and Emirbayer, “To Imagine and Pursue Racial Justice.”

Write 450-500 words for each of the two people that you choose. That means the total length of your essay should be between 900-1000 words.

SAMPLE ANSWER

Laws on never events

The white woman wearing Purple Blouse w/silver chain and medallion

To some extent, there is agreement with the utterances of the lady. She points out to the domination of the country by white men who have turned to be exclusive. However, there is no problem with the abundance of the white men in the country. This is because; no one chooses the color of their skin. People just find themselves in certain pigmentation. The problem is with the exclusion of others on basis of color. The lady points to the exclusion done by white men to people who are not white males. This is where the problem comes in. The abundance of the white males in the country would yield no negative sentiments without the exclusion element. Although the tendency to exclude others can be said to have been planted in the orientation of people by their predecessors and therefore hard to do away with, there is responsibility of every one to put efforts to ensure a correction of this orientation. We are all responsible in correcting the mistakes done in the past even if we did not participate in doing the wrong. (Matthew and Mustafa, p260) On this note, with the inclination that the excluding attitude of the white men is wrong, it calls for efforts of every one to ensure a correction of the same.

On the same note, there is need to understand that the issues of racism, or specifically white male domination as discussed by the lady, is not a matter of biological component, rather it is a social issue. Even social scientists acknowledge that the issues of racism are socially constructed and not based on biological matters, (Eduardo pp472).This calls for understanding of the past orientations, and not to show the negative attitude toward the white male domination as indicated by the lady toward the end of the conversation. Gain, the inclination of the issue towards social aspects means that there are all possibilities of arriving at a viable solution; hence it is not a matter to be given up on.

It is crucial that everyone does not regard their pain as being the largest. This is because, as the other people accuse the white (males) of domination and exclusion of others, the whites feel that they are unfairly accused. With this in mind, it is crucial that every one considers the feelings of the others and come up with solutions that are aimed at bringing consensus and not oppressing one side of the issue., It is not helpful to only concentrate on the pain on our side, rather there should be efforts to understand the issue from the other person’s side of view, (Matthew and Mustafa pp 260-261)

The white woman with short brown hair, nose ring, and glasses

To some extent also, there is some degree of agreement with the assertions of the lady about whites and racism. First, it is true that the whole issue is complicated by the association of white with power. It is agreeable that many people associate the white people with power, and therefore, the debates of racism and color are not entirely on the outward issues but on the power associated with the color. As the lady points out, it is crucial that everyone feels powerful and proud wherever they are. This is because, when one explores their abilities to the maximum, there is always opportunity to reach the feelings of power in a certain area. This is what people should work towards and not on excluding others are accusing others of doing the same on basis of their color.

It is in alignment with those thoughts that there is need to put efforts in addressing the attitudes of the people in both sides, the whites (majority) and the non-whites (the minority). The efforts of ensuring that the people in both sides of the issue have positive attitudes towards the efforts of addressing racism is crucial in ensuring success of tackling the issue, (Matthew and Mustafa pp262) With absence of instilling the positive attitude, the efforts would not bear fruits. There would be much disparity between the two sides such that to arrive at a consensus would be too difficult.

However, the utterances of the lady, that everyone could feel proud and powerful whenever they are is doubtful. This view does not orient to disagreement that everyone could arrive at this. Rather, the doubts originate from the difficult circumstances posed by the domination of the whites that render it difficult for the non whites to achieve the pride and the feelings of powerful as said. There is acquisition of relative autonomy in the social settings by the racism, even as much as it is socially addressed, (Eduardo pp 474). This autonomy at times translates to dominance which is so high such that the non whites find it difficult to cultivate their power and feelings of pride. With the domination of the whites in all spheres of life, it is difficult for the non whites to cultivate their pride. But this view is still arguable because; the domination of the whites can rightfully be said to be pegged on numbers. The whites being the majority in the country are expected to be higher in number in most of the areas. It is crucial to look for means of softening the extents of the effects of discrimination even in work areas, (Hochschild pp 337) Of crucial point is the extent of the domination especially in relation to power and the extent of the exercise of the pride because, show of pride such that it interferes with other people will impact negatively in the society.

Works cited

Eduardo Bonilla-Silva. “Rethinking Racism: Towards a Structural Interpretation.” The University of Michigan (1996)

HOCHSCHILD, JENNIFER L. “Acting White? Rethinking Race In Post-Racial America.” Political Science Quarterly (Wiley-Blackwell) 129.2 (2014): 336-337. Academic Search Premier. Web. 29 May 2015.

https://scholars.duke.edu/display/pub1038713

Matthew Desmond and Mustafa Emirbayer. “To Imagine and Pursue Racial Justice”: Harvard University (2012)

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