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Expert help when you need it- Q1:ASSIGNMENT: In three to five (3-5) pages, advise Jim and Laura based on the above facts as presented and the material covered in the lessons. In your paper, be sure to address the following:See Answer
- Q2: 1. John-Boy Walton decides to incorporate his warehouse store business in Michigan. To do so he must file ______with the State.See Answer
- Q3: With respect to undue influence, you are required to critically discuss at least ONE case as per EACHthe following issues; 1. Actual undue influence 2. Presumed undue influence- a relationship which in law gives rise to a presumption such as;soliçitor/client. 3. Presumed undue influence- trust and confidence in another such as employee/employer. 4. Can undue influence be Rebutted?See Answer
- Q4: Duress – is whereby one party uses illegal threat to the other party to influence him to contract.UNDUE INFLUENCE can be defined as unacceptable pressure short of duress. In respect to duress, you are required to critically discuss at least ONE case as per EACH of thefollowing issues: 1.Duress with a threats of violence, 2.Duress with a threats of unlawful restraint 3.Duress with threats to property 4. Economic duress You are required to in relations to items 1-4 above; A summary of the case, inclusive of the various courts the matter was deliberated, the decisions ofthose courts, for example the High Court, Court of Appeal and or the Privy Council.See Answer
- Q5:Describe an example of a contract that you or someone you know entered into (e.g., rental agreement, cell phone agreement, property purchase or lease [e.g., car, home, furniture, etc.], home or car repair, or student loan agreement). In your description, be sure to provide specific contractual details including parties and subject matter involved. You must also address the following: • Define the five essential elements of an enforceable contract, and demonstrate how each element relates to your example. • Explain the circumstances of a breach of contract in your example, and discuss possible remedies. The paper must be three to four pages in length (excluding title and reference pages) and formatted according to APA style as outlined in the Writing Center. You must use at least two scholarly sources other than the textbook to support your claims. Cite your sources in-text and on the reference page. For information regarding APA samples and tutorials, visit the Writing Center B.. Carefully review the Grading Rubric for the criteria that will be used to evaluate your activity.See Answer
- Q6: BS1106 Introduction to Business Law Coursework Assignment "Please critically describe the difference between unilateral contracts and bilateral agreements. Justify your answer with examples if needed and please also comment on the sources of English law" See Answer
- Q7:State the general purpose for the Model Rules contained in the Learn materials. Then analyze the specific rules governing "Meritorious Claims and Contentions," "Expediting Litigation," and "Candor toward the Tribunal." Include the purpose for each rule, specific examples of when the rules are violated, and the biblical principles that coincide with the prohibitions that are contained in the rules. See Answer
- Q8:Marilyn owns land that she acquired three years ago as an investment for $250,000. Because the land has not appreciated in value as she anticipated, she sells it to her brother, Amos, for its fair market value of $180,000. Amos sells the land two years later for $240,000. a. Explain why Marilyn's realized loss of $70,000 ($180,000 amount realized - $250,000 adjusted basis) is disallowed at the time of the sale to her brother. b. Explain why Amos records neither a recognized gain nor a recognized loss on his sale of the land. c. How does the related-party disallowance rule affect the total gain or loss recognized by the family unit? d. Which party wins and which party loses, in a Federal income tax sense? e. How could Marilyn have avoided the loss disallowance on her sale of the land?See Answer
- Q9: part One:(40 marks) - All questions in Part 1 must be answered (read each question carefully): noteAnswers should (if applicable) refer to the UNCITRAL Model Law on International Commercial Arbitrationand UNCITRAL Rules (UML), 2006 for arbitrationf. Relevant Case Law from Any Jurisdiction (UAR) 2013 the question1: (a)The arbitral tribunal issued its final award which substantially supports the Claimant's requests. The legal seat of arbitration is Italy. plaintiff feels He was angered and saddened by a number of reasons: the arbitral tribunal made an error in calculating the damages, in that it did not properly apply a formula agreed upon by experts in the quantum of both plaintiff and respondent parties during a joint expert session with the arbitral tribunal; '2' looks that the reasoning of the judgment is inconsistent and defective; '3' Apparently, the arbitral tribunal relied on its technical expertise (considering that two members of the tribunal The three engineers) reached a conclusion regarding a significant component of high value of the claim, but did not provide the relevant analysis to the parties for their consideration and submission. How can a respondent challenge the final arbitration award or object to the enforcement of the award, whether at the seat of arbitration or elsewhere, and on what grounds? (10 marks) (b)What are the relevant systems of law that may apply to international arbitration? Expanding the answer.. (c)You are the sole arbitrator (single arbitrator) in a dispute between two drug manufacturers regarding an alleged infringement of the scope of use of intellectual property (as provided it in the contract) due to the illegal termination of the contract. During the pre-hearing meeting, the parties agreed that instead of submitting oral closing statements, they wanted to submit post-hearing summaries (ie as written statements). As the individual arbitrator, when you considered the closing written submissions, you were surprised that the claimant presented a new argument in the post-hearing summary. 10 marks) (i) On receipt of the post-hearing summary, the defendant immediately objected to this new allegation on the grounds that this new argument could not be presented when the defendant did not have an opportunity to respond to or respond to this new argument. As a sole arbitrator, what will you do?.. . (10 mark) .......... (ii)Based on the above factual scenario, can the respondent challenge the arbitral award or contest its recognition/ enforcement If I (as a single arbitrator) would allow the claimant to present this new argument in their post-hearing briefs? If yes, on what basis? Explain in detail. (10 mark) the page2 out of 3/nSee Answer
- Q10: The second part(60 marks) - Optional questions (read each question carefully): answer any3 (three) complete questions of questions2 to 6 (each question carries a total of 20 marks) the question2Litigation, Arbitration and Mediation: Explain and compare each of these processes with each other. Additionally, describe any3 and (three) other alternative dispute resolution processes that the parties to the dispute may resort to. Furthermore, what are the advantages and disadvantages of a hybrid procedure such as mediation-arbitration or arbitration-mediation? the question3What are the factors that the arbitral tribunal will consider - and their implications - when considering the following requests during the arbitration procedure: (a)Adding/joining a party to arbitration - explain in detail. (b)Arbitration bifurcation. The answer is expanded the question5Institutional Arbitration: the question4In international arbitration, why is there a generally accepted concept that an arbitrator must be independent and impartial at all times (ie not only during the arbitral proceedings themselves)? please clarify... (20 marks) (20 marks) (a)What are the main changes in the generic version 2021 of the International Chamber of Commerce (ICC) Arbitration Rules compared to the 2017 version? (8 marks) the question6Arbitration and Separability Agreements: (10 marks) (b)What are the major changes in the generic formula2021 AIAC Arbitration Rules? (10 marks) (c)other than the List two arbitration centers that have updated their arbitration rules, since 2021, AIAC and ICC (4 marks) (c)(c) What is the difference between a witness to the facts and an expert witness? (2 mark) (a)Explain the principle of the independence of the arbitration clause. and the principle of jurisdiction in addition, explain how these principles are incorporated into.............. Finally, what are the practical consequences of arbitration according to the above?. (UAR) and in the UML(10 marks) ****** the end ****** (8 marks) (b)With respect to the jurisprudence arising from the decision of the Court of Appeal of Singapore in the case ofInsigma Technology Co. Ltd. v/s. [2009] SGCA 24 the page3 out of 3 In the case of appointing an arbitral tribunal, do the parties have to adopt the procedural rules of the arbitration center or are they free to choose any rules they deem appropriate? Alstom Technology Ltd.: . (8 mark)/n Instructions To answer (questions in the form of a test) Need British accreditation in commercial arbitration It does not mean that you give short answers to the extent of the question, but rather it begins with defining the arbitration agreement in the model law, in the Saudi system and in any judicial precedent, for example, and then talks about the seat of arbitration and the difference between it and the place of arbitration, and the effect of determining the seat of arbitration is based on determining the court that An action for annulment is brought before her. And so on (explain a full explanation that is not boring, and do not make a wasteful economy)See Answer
- Q11:3. Steve was helping to renovate his friend Ben's home. Ben realized he needed some pipe to complete a plumbing installation, but didn't have any cash on him, so Steve gave him $5.00. In consideration of that, Ben said that he would share his $10.00 Super Lotto ticket with Steve, should he win. Ben then took the $5.00, bought the pipe, and Steve installed it. Later that month, Ben was declared the winner of the lottery draw, in the amount of $1,000,000. He tried to hide the fact that he had won, denying to Steve that he was the winner. He later told him that he had only won $50,000, and in any case, that the winner was one of five tickets he had purchased after the one he said he'd split with Steve. Does Steve have an enforceable contract with Ben, such that he's entitled to half of the $1,000,000? What do you think his chances are if he tries to sue Ben to enforce the contract? Would they be better or worse if Ben hadn't denied winning in the first place? (3 marks)See Answer
- Q12:Write: In your initial post, please fully and directly respond to the following: • Judges in many nations are trained for their offices in law school. They are hired into the judicial system and work their way up through that system. In the United States, there is no special training to be a judge; it is an honor bestowed, usually on senior attorneys, or it is an office one runs for in some states. What advantages might the other system have over the U.S. method? Your initial post must be at least 200 words. If you are citing statistics or outside sources for your examples, please list the website or the reference entry.See Answer
- Q13:1.) Which of the 7 Habits of Highly Effective People do you identify with most? 2.) Which habit(s) do you feel you need to further develop and how do you plan to do this? 3.) Do feel that Dr. Lee's article is correlates the 7 Habits to the current COVID-19 pandemic effectively?See Answer
- Q14:The relevant topics are: • Separation of power within a company; • Directors' duties. Set out below are some examples of questions which could be asked in these areas, but they are not a definitive list, and assessors may tailor their approach due to the limited time. Students must demonstrate their ability to evaluate the issues as this is required (to a greater or lesser degree) for a Level 7 grade. What do we mean by 'separation of power' (or 'balance of power') within companies? How effective do you think that requiring shareholder approval for a substantial property transaction is in preventing directors in small private companies from abusing their position? From the facts of the oral scenario, do you think that either Tom or Megan have breached any of the general duties set out in ss.171 - ss.177? Do you consider any of the general duties of the directors (ss.171-177) add an extra layer of protection in preventing directors of small companies from abusing their position by entering into an SPT? What is the 'proper claimant' principle? If there is a breach of duty, can the director(s) avoid liability? Explain why the directors are not in breach of their duty to act within their powers? Give an example of what practical steps directors should take to protect themselves against allegations of breach of the s.172 duty to promote the success of the company? Do you think that, in this scenario, Richard is either a 'de facto' or shadow director?See Answer
- Q15:Our judicial system is far from perfect. Yes, there are some pros and cons, such as, a Senior Attorney is looked at as qualified and can be elected or appointed as a Judge in the US. In other nations, Attorney's are appointed by working their way up and focusing a lot of their time in school. By working their way up and becoming more seasoned, this can prevent a lot of corruption that we see here in the US. If we look at it through a more specific lens, A US judge is elected or appointed and does not necessarily need to work their way up the system, so basically any "Senior" Attorney can be selected and is more likely to hold personal biases and apply them to their decisions/rulings. Also, in the US, the states differ on how they elected Judges. What do I mean by this? For instance, in Missouri, Judges serve one- year terms and can be re-elected. In New York, Judges serve 14-year terms and Rhode Island provides a life term of office and is the only state that does this (pg. 24). Appointed Judges have been observed to be of higher quality, than elected Judges. In other countries, if we really think about it, are appointing the best quality Judges if those Judges have built time and experience and work their way up. No, they may not be perfect and could still be corrupt, but it lessens the likelihood of the latter.See Answer
- Q16:as reading in the text book chapter 2 page 22, i have read that federal judges are nominated by the president and confirmed by a majority of votes in the U.S. senate. As for the state judges ,most state judges serve for a fixed terms, whether they are appointed or chosen by a method that mixes the election and appointment processes. In other states with mix system the state bar associations has a committee recommend candidates and the governor then appoints a judge listed. Some observe claims that appointed judges are of higher average quality than elected judges. Organizations and names differ fro state to state, the state court systems are similar in general framework and jurisdictional authorities, some are three-level systems and many states have local courts of special or limited jurisdiction. Each state court system have courts of jurisdiction and trails court where dispute are initially brought and tried. In other terms they have to follow some of the rules to become judge as one of them that i just read from one of my classmates is finish an exam and pass it. i believe have the best feed back since they started theyre journy as attorneys until they becomea judge, and pass all the requirements they are asked for.See Answer
- Q17:2. Media Assignment [25%] - Note that there is a Rubric on iLearn in relation to this assessment - you should use the material in this Assessment Guide to assist in an understanding of your task and to assist in your understanding of the Rubric. Task: Prepare an analysis of a current (published after 1st April 2023) Australian newspaper/media article that relates to an aspect (topic, area, issue) of the material covered in ACCG2051 from Lecture 4 forward. Maximum length - 1000 words (including any references). [for example, pick an article about a director breaching their duties; or a company going into voluntary administration; or a shareholder class action; or a takeover; or insider trading; or insolvent trading ...] This assessment (your written analysis only, not the actual newspaper/media article) must be submitted via iLearn/Turnitin. No extensions will be granted. There will be a penalty (deduction) of 5% of the total possible mark to be applied for each day beyond the due date that a written assessment is not submitted, up until the day (including weekends). After the day a grade of '0' may be awarded even if the assessment is submitted. This penalty does not apply for cases in which an application for Special Consideration is made and approved. Note: Students should individually select articles - this is an individual assignment.See Answer
- Q18:Prompt: Please review the Weisgram v Marley Co court case and complete a case brief. Writing Requirements: To complete this assignment, create a word or pdf document briefing the Rappaport v. Buske case. Be sure to utilize the IRAC format that you have learned about in the former week. All references should be listed in full APA format and cited appropriately. The completed paper should be approximately one to two pages in length total. Page count - 1.5, double spaced apa formatSee Answer
- Q19:Write: In your initial post, please fully and directly respond to the following: In many aspects of business, a manager can choose to include an arbitration or mediation clause to govern disputes, such as with customers and employees, or can leave that out and use litigation. What are the pros and cons of such alternatives in regular business practice? Your initial post must be at least 200 words. If you are citing statistics or outside sources for your examples, please list the website or the reference entry./n1: Respond to Peers: By Saturday, respond to at least two of your classmates' initial posts. Your peer responses should be substantive and at least 100 words each. Demonstrate your understanding of the topic by respectfully asking questions, raising new points for consideration, or requesting clarification from your fellow students. For example, you may want to compare your real-world examples to those of your classmates, see how they are similar or different, and discuss why. Going through litigation can be a lengthy and costly process. Depending on the situation, it would only make sense for a business to choose an alternative dispute resolution. In non-binding mediation, if the mediator's recommendations are not satisfactory, the parties involved can decide to take legal action through the court system. In binding mediation, all parties Involved are bound to the agreed upon resolution. Both forms of mediation offer convenience, confidentiality, and a faster solution to the proposed dispute. Binding mediation has a disadvantage; a mediator can unfairly work in the favor of one party opposed to the other based on personal bias. Because it is binding, whatever the end solution is, there is no further way to argue it. With non-binding mediation the unsatisfied parties can still push for legal action and are not forced to sit with an outcome that does not benefit them. Arbitration offers a similar approach, but instead of hiring a mediator, the parties involved can choose an arbitrator who specializes in the dispute at hand. A benefit to this is the arbitrator has specialized expertise and experience and will be able to come to a less blased solution for the parties involved. Because of this, the process tends to be in a more formal setting. still offering convenience and confidentiality for the parties involved. This process can be a little more expensive than informal mediation and tends to be binding so following arbitration with legal action may be difficult or unavailable. Both forms of alternative dispute resolution are great options for smaller disputes within the workplace due to convenience. cost effectiveness, and confidentiality. For bigger issues at hand going through litigation might be the best option. 2: I believe mediation is an important aspect of our society and the legal system, Many court cases are back logged for months, and it puts a strain on the legal system. Litigation is also very costly, an average attorney is about $350 dollars per hour, and normally requires a hefty retainer. The litigation process is lengthy and requires an attorney presence at every step of the case, from the initial hearing all the way to the judgement. All of these factors make litigation very costly and time consuming. Mediation, Arbitration, and Negotiation on the other hand is far less time consuming and costly. Alicensed mediator might only cost 150 dollars per hour vs the 350 a business will have to pay an attorney. Also the professional that practice ADR are trained to efficiently solve disputes quickly. An attorney on the other hand can prolong a case and drain opposing counsel financially, by filing motions for a continuance and other legal motions called dilatory tactics. From a business standpoint, arbitration is an easy and cost efficient means to disputes, it prevents high dollar lawsuits and class action sults as well, and generally solves problems efficiently. The only downside i can see to arbitration is if an arbitrator makes a final judgment, the business does not have the same legal rights through the appellate process as in normal litigation.See Answer
- Q20:What is the difference between consideration and capacity? In 50-60 wordsSee Answer
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