...Law Review #3 Dr. Chris Hamilton 1. What is the “Mirror Image Rule?” At common law, what is the result of breaking it? How does this relate to “Revocations?” How does the UCC change the rule? 2. What is the difference between “Bilateral” and “Unilateral” contracts? Give an example of each. 3. Unilateral contract offers: When can you not revoke your offer, even though it has not yet been accepted? 4. Explain what “Firm Offers” are, and how they work. What kind of consideration is necessary? 5. Define what “option contracts” are, and how they work 6. Define, and show the differences between “Impossibility” and “Economic Frustration” (Commercial Impracticability) 7. Define “consideration.” What four things might be consideration? 8. What is “Good Consideration?” Give an example. Is it always necessary to have it in contracts? 9. A minor’s contract is generally voidable, except where the contract is for “_______.” Give an example. 10. Explain what an “Illusory” promise is. What are the two reasons why they will fail? 11. What is “privity” of contract? Explain how the following four work: 3rd Party Beneficiary Contracts, Assignments, Delegations, Novations 12. Define the following: Express contracts, implied contracts by the facts, implied contracts by the law (e.g., “Quasi” Contracts) 13. Define, and show the difference between the following contracts: Valid, void, voidable, and unenforceable 14. When is an insane person’s contract...
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...NOT FOR DISTRIBUTION: USE ONLY IN COMPLIANCE WITH COPYRIGHT: DAVID RISSTROM AN INTERPRETATION OF LAW IN CONTEXT Bottomley, S., Gunningham, N. and Parker, S., 1991, Law in Context, The Federation Press, Leichhardt. { } = additional material from lectures. ( ) = my comments. (See ‘x’) refers to book page number. A short (somewhat boring) message from the summary executioner before you dive in; These notes are an interpretation of the book Law in Context and the lectures given as part of the 1991 Course. They are not a satisfactory substitution for reading the text. You are only likely to get the maximum value out of this summary by reading it in conjunction with the text. The question of ‘the law in whose context’ may be worth keeping in mind as you read. This is an interpretation seen through my eyes, not yours. My comments are not unbiased, as it is as equally unlikely that yours may be. So my ‘advice’ is consider what is said here and in the book considering the need to understand the ‘mechanics’ that help make sense of the more involved themes that develop in the book as you progress through Law in Context. The observations, important in their own right, may be particularly useful for seeing how their often ubiquitous expression is taken as ‘normal’ in the areas of wider society, such as in discussions of economics and power. It is unlikely that you will find any ‘right answers’ from this summary, but I do hope it helps you in synthesising...
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...University of Phoenix Material Article Review Format Guide MEMORANDUM UNIVERSITY OF PHOENIX DATE: 8/26/2014 TO: Jon Croasmun FROM: RE: Sarbanes-Oxley Act: Was the “one-size-fits-all” approach justified? http://dx.doi.org/10.1002/jcaf.20691 ARTICLE SYNOPSIS In your own words, summarize the article. This article talks about whether or not the Sarbanes-Oxley Act and the laws that came along with it were the right solutions for the issues that came out of the WorldCom and Enron bankruptcies. It discusses how different sized businesses are affected by different rules and legislature and the outcomes that arose in which different companies would have to follow because of the SOX act. The author of this article did studies on if fraud of the financial statements had anything do with businesses filing for bankruptcy, this being the case with WorldCom and Enron. The author concluded that the bigger the company that filed, it was more likely general overstatement and fraud litigation occurred. LEGAL ISSUE In 1 to 3 sentences, identify the legal business issues raised in the article. Legal issues were everywhere in this article. One example with the Sarbanes-Oxley Act of 2002 going into place, Companies could choose to no longer be publically traded just so that they didn’t have to follow the SOX act. This article also explains whether or not it is right to make smaller companies adhere to the same rules and regulations as the larger companies...
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...Kong Jianhui (MC1306BC3055) Company Law – Topic Review 1 The main issue here is what action should Bake Chef Sdn. Bhd. and Ramos take after Wonbin had solicit clients from Bake Chef Sdn. Bhd. and transfer the title of his house to his company, Cake Mart Sdn. Bhd. to evade the contract of selling his house to Ramos. In Sec 16(5) of Companies Act 1965, a company may sue and be sued in its own name. However, under the rule in “Foss vs. Harbottle”, a company should sue the other party under its own name if the company has a right under contract against the party. On the other hand, under the rule of “Jones vs. Lipman”, a court can set aside the separate legal entity of a company and look to the members of the company which is known as lifting the veil. This can be applied if a person is using his company to evade legal obligation. Looking at the facts of the case, Wonbin had signed a contract with Bake Chef Sdn. Bhd. to avoid soliciting of clients which means Wonbin had breached the contract. Therefore, Bake Chef Sdn. Bhd. can sue Wonbin under its own name because the company has the right under the rule of “Foss vs. Harbottle”. In the case of Ramos, Wonbin had also signed a contract with him to sell him the house. Even if Wonbin transfer the title to his company, under the rule of “Jones vs. Lipman”, the court can set aside the legal entity of Cake Mart Sdn. Bhd. to look after Wonbin after lifting the veil of the company. In conclusion, it is advisable for Bake Chef Sdn. Bhd...
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...Law Review 1. Pendleton Act 1883: A United States federal law that required government jobs to be awarded based on merit. This act selected government employees by competitive exams. It also made it illegal to solicit campaign donations on Federal government property and use political reasons to fire or demote government employees. 2. Davis-Bacon Act 1931: A United States federal law that required public works projects for laborers and mechanics to be paid the local prevailing wages. This act applies to contractors and subcontractors who perform on federally funded or assisted contracts in excess of $2000 for construction, alteration, repair, painting, and decorating of public works. 3. Norris-LaGuardia Anti-Injunction Act 1932: A United States federal law that created a positive right of employers not interfering against workers joining trade unions. Also, it banned yellow dog contracts and barred the federal courts from issuing injunctions against nonviolent labor disputes. 4. National Labor Relations (Wagner) Act 1935: A statue of the United States labor law that allowed private sector employees to organize into trade unions, bargain for better terms and working conditions collectively. 5. Walsh-Healey Public Contracts Act 1936: This act established overtime pay for contractor employers who worked more than 8 hours per day or 40 hours per week. It also set the minimum wage equal to the prevailing wage determined by the Secretary of Labor. It also...
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...CREED CASE LAW REVIEW May 2012 INTRODUCTION When the Ontario Human Rights Code became law in 1962, creed was one of the original grounds of discrimination. This was likely to deal with the fact that at the time, there was significant overt discrimination against religious minorities. Over time, Canada’s legal and societal approach to creed rights has evolved significantly. However, it continues to be one of, if not the, most complex and controversial area of rights law. Perhaps more than any other ground in human rights codes, creed rights tend to give rise to strong opinions, even among those who may not otherwise have much to say about human rights. Everything from what is creed (and what beliefs and practices are protected under the ground of creed), how creed claims are proven, how creed must be accommodated and what to do where creed bumps up against other rights have led to judicial interpretation and public debate. In Quebec, the provincial government appointed a Commission on Accommodation Practices Related to Cultural Differences 1 in response to public discontent concerning accommodation of, among other things, creed rights. This may be in part because creed is unique in some respects. It encompasses not just innate personal characteristics but also covers associated practices and beliefs. Rights in relation to religion have been recognized as not just equality rights, but also among the “fundamental freedoms” of every Canadian as listed in s. 2 of the Canadian Charter...
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...251 F.3d 1210 (8th Cir. 2001) MARILYN SIMMONS, PLAINTIFF-APPELLANT, v. NEW PUBLIC SCHOOL DISTRICT NO. EIGHT, DEFENDANT-APPELLEE. No. 00-2623 UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Submitted: March 16, 2001 Filed: May 30, 2001 Appeal from the United States District Court for the District of North Dakota.[Copyrighted Material Omitted][Copyrighted Material Omitted] Before Murphy, Lay, and Bye, Circuit Judges. Lay, Circuit Judge 1 Marilyn Simmons worked as an administrator for the New Public School District No. Eight (the District). She brought suit against the District alleging gender discrimination for (1) unequal pay, and (2) the non-renewal of her contract. The district court granted summary judgment to the District based upon res judicata and a lack of evidence supporting her claim. We reverse the district court's judgment and remand the case for further proceedings. I. Background 2 Simmons worked as an administrator for the District from 1991 to 1996. On April 20, 1996, after a lengthy hearing, the District voted not to renew her contract for the next school year. Simmons sued the District in state court alleging various claims, including violations of her North Dakota statutory rights as an educator. The state trial court rejected her claims. On appeal, the North Dakota State Supreme Court reversed. See Simmons v. New Public School Dist. No. Eight, 574 N.W.2d 561 (N.D. 1998). On remand, the parties stipulated to an agreement to settle the claims...
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...California Law Review Volume 57 | Issue 1 Article 1 January 1969 The Legal Roles of Shareholders and Management in Modern Corporate Decisionmaking Melvin Aaron Eisenberg Follow this and additional works at: http://scholarship.law.berkeley.edu/californialawreview Recommended Citation Melvin Aaron Eisenberg, The Legal Roles of Shareholders and Management in Modern Corporate Decisionmaking, 57 Cal. L. Rev. 1 (1969). Available at: http://scholarship.law.berkeley.edu/californialawreview/vol57/iss1/1 This Article is brought to you for free and open access by the California Law Review at Berkeley Law Scholarship Repository. It has been accepted for inclusion in California Law Review by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact jcera@law.berkeley.edu. California Law Review VOL. 57 JANUARY 1969 Copyright © 1969 by California Law Review, Inc. No. 1 The Legal Roles of Shareholders and Management in Modern Corporate Decisionmaking Melvin Aron Lisenberg* TABLE OF CONTENTS I A GENERAL THEORY ...... A. ... ............... 4 A NORMATIVE MODEL OF'VOTING RIGHTS IN PRIVATELY HELD CORPORATIONS ....... ................ A NORMATIVE MODEL OF VOTING RIGHTS IN PUBLICLY HELD ................ CORPORATIONS ....... 7 15 B. . ........ 1. Considerations of Public Policy .. (a) "Shareholder democracy ". . .. ........ ... . ......... (b) Client-group participation .. (c) Managerialism .......
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...A professional review body is any entity or governing body of a health entity which conducts professional review activity. This includes the committees of the medical staff assisting the governing body. Professional review activity is activity of a healthcare entity with regard to the evaluation of a provider with recaged to privileges, membership and scope of practice. This would typically be performed on initially application for privilege of review every 2 years by the medical staff. This could also further include on going peer review process with regard to patient outcomes or complaints. Professional review action is action that is taken as the result of the professional review activity. Professional review activity is reportable...
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...Compliance Program / Annual Procedure Review Rule 206(4)-7 of the Investment Advisers Act creates a fiduciary responsibility for investment advisers to review annually their policies and procedures to determine their adequacy and the effectiveness of their implementation. As part of this review, all policies, procedures and responsibilities of an adviser must be reviewed, and the findings documented. The review should consider all factors that might suggest a need to revise the policies and procedures including any compliance matters that occurred during the year, any changes in the adviser’s or its affiliates business activities, or changes to applicable regulations. Reviews should be conducted by independent individuals (e.g., the department manager) not immediately responsible for implementation of a particular procedure. An overall review and approval of the adviser’s policies and procedures should be completed by the Chief Compliance Officer and should be submitted to the adviser’s Management Committee or Executive Officers for Final Action. |Procedure | |Summary & |Recommended |Reviewer & | |Completion Date & | |Reviewed |Findings |Conclusions |Change/Update |Date of Review |Review by CCO |Final Actions ...
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...The goals of a literature review are to provide the reader with a critical analysis of scientific literature about a specific topic or question. Writing a summary about other works can demonstrate the depth of familiarity of a chosen topic. In order to further one's understanding, or research, studying the works of others is important because multiple disciplines may have competing explanations for a given subject. Literature review is also structured in a particular style that creates a uniform way for writers to articulate their ideas in a fashion the reader is familiar with. Craig Anderson uses the APA guidelines to create a clear structure for his review studying the effects of heat and violence. The structure of a literature review typically follows a certain format and order. In Anderson's, review Heat and Violence, he starts this process with a title that describes what the article is about. Following the title of the paper is an abstract, or overview, of what the entire article is about. Because there are a number of...
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...The numbers of self employed workers has grown significantly in the last twenty years and, in 2008, amounted to approximately four million people, compared to over twenty seven million employees. Over two thirds of the self employed have no employees themselves, and are dependent upon using their own skills and labour. (Julie Bevan, Barriers to Business Start Up: A study of the flow into and out of self employment. Department of Employment Research Paper no 71) Determining whether a worker is an employee or not is the first action of any court during a tribunal. This is very important as employers have a large amount of liabilities to their employees, but not to their other workers, for example self employed or sub contractors. Certain laws are dependent on the nature of the employment for example The Working Time Regulations 1998 (2002 IRLR 96) refers in reg. 4(1), to a workers working time, whilst the Maternity and Parental Leave etc regulations 1999 only refers to employees. There are various benefits to workers being employees. An Employee pays far higher national insurance contributions than self employed workers; however this gives employees the rights to state benefits relating to sickness, unemployment and pension rights. Whereas self employed workers are not entitled to any of these benefits. Self-employed workers also have no rights to holiday pay or allowances, therefore anytime they do spend not working directly impacts their finances, unlike an employee who has...
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...in the eyes of the law) 4. LIMITED LIABILITY for the owners/shareholders 5. Management- generally managed by board of directors, rather than shareholders/owners. II. TYPES OF CORPORATIONS 1. DOMESTIC: a corporation doing business in its state of incorporation. 2. FOREIGN: a corporation doing business outside of its state of incorporation. III. FORMATION A. STATE STATUTES 1. There must be an enabling act permitting the existence of the corporate entity. 2. Articles of incorporation form a CONTRACT between the corp and the state. 3. Ultra Vires Acts: acts engaged in by the corporation that exceed what is authorized in their Articles of Incorporation or acts that violate the law. ONLY the corp’s shareholders and/or the State of incorporation can challenge (sue) re: ultra vires acts. B. ARTICLES OF INCORPORATION Must be filed w/ the state and must contain the following: 1. corp name 2. name & street address of registered agent 3. name(s) & address(es) of incorporators. 4. number & class(es) of authorized shares of stock These four requirements are universally req’d & must be memorized. Some states also require: 5. corp purpose (broadly defined) – “to engage in any legal activity” 6. corp powers 7. par value of authorized stock Shares of stock sold below par value, B. BY LAWS Not legally required, but corps will frequently have by-laws, which govern how...
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...Riverside Casino and Golf Resort / Stacy Benson Topic Title Performance Reviews NO. This title won’t work. What about performance reviews? If you were doing a simple research paper you could write about performance reviews based on research alone. In this Sr Paper you must determine the state of the art based on your Literature Review. Then you will give the background of the problem and discuss it. This must all lead to two Courses of Action (COAs; solutions) that are tied to your title and problem. You need a “product” such as a process, a plan, a strategy, a program – something that can be recommended and implemented. Problem Statement (if not finalized post a draft – focus on the "pain.") The problem is that after initial training employees are not being reviewed for current performance. Suggest that after this initial statement you add something more about the problem. Brief Topic Overview The casino is experiencing a high turnover rate of employees because after their initial training they are put on the floor without any further review. In the handbook employees are supposed to have a review after 90 days but they are not being implemented. This leaves the casino with under qualified employees that eventually terminate their employment due to not feeling able to meet the high demands. The solution to this problem, if it is the problem, is simple. Just IMPLEMENT PERFORMANCE REVIEWS. You can see...
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...Peer Evaluation for MKT 420 Your Name: KYRIA AHO Fill in the blanks for each team member (but not yourself) as if you were writing an evaluation or recommendation for that person. ONLY ONE TEAM MEMBER MAY BE RECOMMENDED FOR PROMOTION. Consider if you were assigned to another team, which team member you would want to be your boss. Consider who you’d like to work with again. Consider who you’d go to extremes to avoid working with if you had a say. Here is the format for peer evaluations. Include the team member’s full name (1), and be specific about (2) what the team member did or did not do. At the end, if you were employed with this person, (3) would you recommend (a) Promoting, (b) Retaining (Keep in position), (c) Retaining with counseling to improve performance or (d) firing/replacing. Please keep in mind that in most business situations, only one person in a group would likely be promoted. Thus a recommendation to promote would be reserved for the truly exceptional team member Team Member 1: LEXA CREAMER As a team member with Lexa Creamer on the team marketing plan project, I feel qualified to speak about his/her job performance. Lexa’s contribution to the project was timely and significant. She accepts correction easily and is always willing to assist in any way that she can. I believe Lexa’s strengths are enthusiasm and timely submission of her work. I believe her weakness is the lack of flexibility. Lexa had to miss some of the meetings due to time conflicts...
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