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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: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
Q5: 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
Q6: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
Q7: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
Q8: 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
Q9: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
Q10: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
Q11:2. 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
Q12: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
Q13: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
Q14:DAVIS BACON WAGES Purpose: The surveyor is required to adhere to Federal and State payment law when providing surveying services. Background: You are performing surveying services for the United States government surveying property to be acquired and become part of Hobe Sound, Florida National Wildlife Refuge. Surveying services include boundary surveying, mapping, and trail layout. Your supervisor, yourself (SI), and a survey technician (two year associate degree) will do all the work. Your supervisor is licensed and paid a salary. The expected fee paid to the firm will be approximately $45,000. Your supervisor requests that you obtain department of labor information for the area to determine the prevailing wages that must be paid to all those employees from the firm that are involved in the project. Be sure to cite sources and the category that you and the other employee would fall in.See Answer
Q15:Prompt: Please review the Senna v. Florimontcourt case and complete a case brief. Writing Requirements: To complete this assignment, create a word or pdf document briefing the Rappaport v. Buske case. A template that can be used is here. 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.See Answer
Q16:TOPIC: What are Third Party Rights? DELIVERABLES: 1) Answer in 40-50 words only.See Answer
Q17:INSTRUCTIONS: Read the lawsuit attached where the Issue is a topic discussed in the chapter 1 PowerPoint slides. List the following: 1. What is the Issue (A very brief 1 or 2-sentence summary of the facts is appropriate, then the legal or ethical issue that is the basis of the court case.) Be sure to cite any paraphrasing or quotes from the case/document 2. What is the Rule? 3. What laws are involved in the suit/list any statutes specifically mentioned)? 4. What do you think of this case as it relates to your future goals in business? NOTE: Answer the questions properly and appropriately for the level of a master's degree. The whole assignment needs to be around 500 words. APA format.See Answer
Q18:Your task: Complete all the tasks in the Brand Proposal Workbook (3000 words equivalent) • Market analysis, trends and positioning (know your market) Target audience and Customer persona (know your audience) Brand Audit (Analyse the current brand using theories, framework and best practice) The proposal: o The brand gap and the Big Idea o Brand identity: mission, vision and values (statements) Overall look, feel and tone of voice (mood board) o Assignment Brief Template Page 1 of 5 This document is for De Montfort University use and should not be passed to third parties or posted on any website. DE MONTFORT UNIVERSITY o Brand elements design (brand name, sketches of new logo, slogan, spatial design, website, social media design etc.) o Brand extension (ideas for new product/market categories; backed by research) Indicative timeline for Workbook completion: Week 1 - Assessment Briefing by tutor Week 2-3- Brand audit (Client Briefing and site visit) Week 4-5-(new) Brand proposal (identity and design) Week 6- Proposal review Week 7 - Proposal submissionSee Answer
Q19:Discussion Topic: You are negotiating the purchase of a car from ACME Car Sales. The most important part of this to you is that it is a red car, and you finalize a deal on the shade of red you want this car to be. Your agent, Fred Frank states that he will write up the contract and you are to show up tomorrow to finalize the transaction. To show intent on your part, you need to put a down payment of $1,000.00 today before you leave. You do so and a receipt is given to you for a red car and you leave. The next day you return and all the paperwork is before you; literally mounds of paperwork that boggles your mind. Page after page you place your signature in each required area. With each new page, Frank is tells you what it is and that you do not need to read it as it us just a "legal formality". One bundle stapled together is ten pages long, and he indicates where to sign it on the last page, not showing you the other pages. Finally, you are done and he gives you the keys to your new car. Going outside you look for your red car and Frank points out your new car, a bright yellow car! You angrily tell him that it is not the car you wanted, but Frank responds by saying you signed the contract for a yellow car. Looking over the paperwork, you discover in the ten page bundle the words "yellow' handwritten on the outer margin overruling the word 'red' throughout the document. You state that "...this is an invalid contract and as you are a Business Law student at CCC, this is a violation of the parol evidence rule..."!!! His response is that, again, you signed the document accepting the contract of the car, which included the color yellow clearly handwritten in the margin AND he was also a student in Business Law at CCC and parol evidence is not admissible in a court. Questions: 1. Is this a valid contract? Explain. 2. Does the handwritten 'yellow' supersede the typed word 'red'? Explain. 3. Was there any indication of fraud on the part of Frank? Explain. 4. Is this an example of the parol evidence rule? Explain. 5. Do you have a valid complaint against ACME Car Sales? Explain.See Answer
Q20:TOPIC The ACME gas station on the corner is privately owned and operated, and it seems that the local operator, Wile E. Coyote has not been paying the proper amount of sales tax to NYS. After multiple warnings and prior notice from the State advising him of the unpaid monies owed, agents with the NYS Department of Taxation and the local ACME Police Department show up at the station. Mr. Coyote is told to open the business safe and the cash register, and also provide them with all his business records along with access to his computer. He does NOT comply, rather he states that he will not do anything until he speaks to his lawyer. At this point he is ushered outside by the police, all the items requested are secured and taken by the Tax Agents. When he wants to know more, they refuse and padlock the premises. He is told that agents will be contacting him later, which they do in one week, and arrest him for Tax Evasion, Fraud and Grand Larceny. He pleads not guilty and files a lawsuit against both the State and the city for negligence, injury and loss of income. Questions: 1. Is this a valid Tort filed by Wile Coyote? 2. Were his rights violated when he requested his lawyer? 3. Were the agents within their legal boundaries to do what they did? 4. Should he be awarded monies for lost wages and other claims? 5. Post your answers to Questions 1 - 4 as your main post. 6. Reply to three other students' main post to engage engage in discussion regarding this case. o Do you agree with their answers? Explain why or why not. • Do you see this from a different perspective? o Is there any other information that you need to know about the case that could influence the outcome of this case?See Answer

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