ASSIGNMENT 1: FIX GAMES
Document 1: Email Draft
Subject: Draft regarding details of Legalpalooza
As per our discussion on Legalpalooza, I am sending you the details of ‘Race to the Courthouse’ game. As I have mentioned in our previous meeting, law department of Acme Widget Company sponsors a game called Legalpalooza every year. This game is full of fun and is designed to make people understand the importance of law and their effects on people’s life. Along with that it is also beneficial for school students and members of the community. This year as a new trainee I got the opportunity to design this event along with your help. ‘Race to the Courthouse’ is broad life size game. Rule of the game is every player has to draw a card. On every card there are some cases written. Depending upon jurisdiction of the court, the players will proceed to the space on the game board. The court here will be selected on the basis of case that is written on a card. In jurisdiction there are various steps and stages based on cases.
In order to handle those cases there are a number of courts as well which is responsible to handle different cases. In the law field US Supreme Court is highest in United States. As mentioned before, the game will continue with the cases that people will receive through their card. The lower court is Trial court followed by Appellate court, state Supreme Court, district court and circuit court of appeals. This game will help you to take decision on your further study as well. The player who will reach US Supreme Court first will be the winner of this game. In this way the game will be executed and the card have their own numbers as well. So, we have to arrange the cards accordingly.
Document 2: Case Brief
Introduction to the American Judicial System
United States is federal system under federal government and as well as under individual government for each of the 50 states. Along with the other branches of government, the stated have their own judicial systems as well. AS per the views of Lepore et al. (2017), though there are various differences between federal courts and state court systems however, they also share some common characteristics.
Federal court system and judicial branch divided into four main divisions.
Federal courts and boards which are outside of judicial branch.
Trial courts which include different law section of U.S courts.
Appellate courts which have U.S circuit courts of Appeals and U.S Court of Appeals for the Federal Circuit.
The top most section of Federal court system is the U.S Supreme Court.
Gibbons v. Ogden
Legislature act of the state of New York had been granted to Robert Fulton and Robert R. Livingstone, for the exclusive navigation of all water bodies within state jurisdiction. This is for restraining any person from navigating those water bodies with boats. As opined by Falavigna (2015), the bill related to this case stated a fact that, right to navigate the water bodies will align between Elizabethtown, and other places within New-Jersey as well as in the city. Along with that, Gibbons was in possession of two steam boats, namely Staudinger and the Bellona. The issue has been arisen when use of the water bodies force into action within its territory. In Massachusetts, the act directs import of gunpowder, which is landed at Boston Port, in order to be deposited in a magazine. And by other section of the act the gunpowder shall be kept in any ship or vessel.
Lochner v. NY
This is a case in which the United State Supreme Court struck down a new state law in New York, which forecasts about setting 10 hours for labor per day, which is legally maximised in banking trade. In late New York cities, the bakeries are not intended for commercial use. As opined by Poletti, De Bièvre & Hanegraaff (2016), the sanitation facilities that the tenements had, drained down to sewer pipes in the cellar. These are intended to leak especially by the baking ovens and smell foul. Ceilings of these bakeries are not so high and there are few windows, so eve in the daytime little light came in the bakery. In order to address these problems, state assembly of New York has passed the New York Bakeshop Act, 1895. It is based on British bake house Regulation Act (1863). The law generated in minimum sanitation standards which includes prohibition against keeping domestic animals. Bakery owners and other business man adopted the court’s decision.
Burwell v. Hobby Lobby Stores
The hobby Lobby stores are owned and operated by green family, which have national arts and crafts chain with over 13,000 employees and 500 stores. According to Kinkel & Hurst (2015), this business has been organized by the Green family based on the principles of Christian faith. Along with that they also have desire to run this company according to Biblical prospects. Patient Protection and Affordable Care Act (ACA), states that employment-based group healthcare plans should provide specific types of preventive care. The court need to decide whether owners of the for-profit corporations and their corporation sue under RFRA (Religious Freedom Restoration Act of 1993).
Granholm v. Heald
New York and Michigan regulate the importation and sale of wine through three tier systems of business. This system requires separate license for wholesalers as well as for producers and retailers. These schemas allowed state but not out of state in order to sale directly to the customers. As per the views of Ippoliti, Melcarne & Ramello (2015), this limits the direct sale business. Here the respondent of Michigan cases as well as the petitioners of New York case has been referred to as the wineries. Meanwhile the opposition parties have been referred as States. This court held the narrowest circumstances. Section 2 of Twenty-First amendment would not allow States to generate direct shipment. Other facilities such as facilitation of orderly market condition, protection of public health and safety can also be achieved through licensing requirements.
Falavigna, G., Ippoliti, R., Manello, A., & Ramello, G. B. (2015). Judicial productivity, delay and efficiency: A directional distance function (DDF) approach. European Journal of Operational Research, 240(2), 592-601. Retrieved on 15 March Retrieved from https://www.sciencedirect.com/science/article/pii/S0377221714005803
Ippoliti, R., Melcarne, A., & Ramello, G. B. (2015). Judicial efficiency and entrepreneurs’ expectations on the reliability of European legal systems. European Journal of Law and Economics, 40(1), 75-94. Retrieved on 15 March Retrieved from https://link.springer.com/article/10.1007/s10657-014-9456-x
Kinkel, J. J., & Hurst, W. J. (2015). The judicial cadre evaluation system in China: From quantification to intra-state legibility. The China Quarterly, 224, 933-954. Retrieved on 15 March Retrieved from https://www.researchgate.net/profile/William_Hurst4/publication/285627949_The_Judicial_Cadre_Evaluation_System_in_China_From_Quantification_to_Intra-state_Legibility/links/56cb1c6e08aee3cee541592e.pdf
Lepore, L., Paolone, F., Pisano, S., & Alvino, F. (2017). A cross-country comparison of the relationship between ownership concentration and firm performance: does judicial system efficiency matter?. Corporate Governance: The international journal of business in society, 17(2), 321-340. Retrieved on 15 March Retrieved from https://www.emeraldinsight.com/doi/abs/10.1108/CG-03-2016-0049
Poletti, A., De Bièvre, D., & Hanegraaff, M. (2016). WTO judicial politics and EU trade policy: business associations as vessels of special interest?. The British Journal of Politics and International Relations, 18(1), 196-215. Retrieved on 15 March Retrieved from https://journals.sagepub.com/doi/pdf/10.1111/1467-856X.12071
ASSIGNMENT 2: REVIEW CONTRACTS
Email Draft Date: 28.03.2017
Subject: Draft for reviewing the contracts between Acme widget and Patti’s Parry
I have reviewed the details about contract law that Oscar Overworked sent to you. As per the email from Oscar, there are three contracts in order to issue food vendors, for individuals who are running the Legalpalooza game and Liability Waiver that should be signed by both vendors and the artists. There is also an oral contract between our company and Patti’s Party Planners, who are the organizer of this event last year. They are appointed in this year too and got a verbal agreement. The pricing will be same for this year as well. A sign contract is not required from them as this planner organization is a friend of Larry. In order to review all the formats and documents regarding this event I have gone through four elements of a valid contract. The four elements are Agreement, Consideration, Contractual capacity, Lawful object. Acme Widget and Patti’s Party must do a mutual agreement between them before start the work. As opined by Fong & Li (2017), in this stage the offerer must sent an offer to the company and the offered must have replied with the acceptance of the offer. These responses which have been made by two parties must consider legally effective acts and promises. In this stage if a party is not accepting the exchange of legal documents than the agreement is lacking of sufficient consideration.
In Contractual capacity stage, both parties must review the complete legal capacity to understand contractual duties. A contract which possess unlawful act or violate public property is become void. So, the contract that has been made between two parties must be legal. The Uniform Commercial Code refers to a large body regulation which is responsible to govern commercial business transactions. As per the views of De Quidt, Fetzer & Ghatak (2016), the effect of UCC on any business transaction is huge and its effects on all parts of a business contract. UCC has been developed in order to address two growing problems in United States business. The legal contracts for doing a business is getting unmanageable in the context of legal and contractual requirements. Essential elements of UCC’s addressed commercials transactions through single uniform code. So, it can be seen that the UCC is applied to each and every contract regarding business. In order to execute this contract for event organization between us and Patti’s party, there need to consider various other section of a contract. A business contract consists of different fields of business contract such as performance contract, vendor contract and Waiver of Liability. As influenced by the views of Allen (2016), the four elements of a contract can be applied on these individual contracts as well. Performance contract is forced into action when performance measures of a company has been evaluated on the basis of contract that if the company’s performance does not stand upon the offer or company’s expectation that the offered company will has the authority to cancel the contract. This contractual process is same for vendor contract as well. In vendor contract the vendors are responsible to deliver products and services as per law and regulations. So, as opined by At & Thomas (2016), it can be seen that the elements of a contract are applicable on all contracts that has been made for a business transaction.
As we all know a liability waiver is a legal document that has been signed by participant who is willing to participate in an event. I and Jennie have discussed on this and figured out that we have to make this document for the participants of Legalpalooza. By this document, a participant may sign to acknowledge the risks that are involved while participating in the games. As per the views of Flatnes & Carter (2016), by doing this, the company attempts to avoid legal liability from the person or business for the activity. The elements of a contract also incorporate the functionalities of contract in oral contract as well. As opined by Allen (2016), the working functionality of bilateral contract, works differently. This type of contracts deals with two parties who are willing to enter into an agreement. However the elements of contract remain same. An example of unilateral contract is when a person finds a wallet and contacted the owner in order to return the wallet and collect the cash reward.
Allen, T. (2016). Optimal (partial) group liability in microfinance lending. Journal of Development Economics, 121, 201-216. Retrieved on 15 March Retrieved from https://www.dartmouth.edu/~neudc2012/docs/paper_234.pdf
At, C., & Thomas, L. (2016). Optimal lending contracts. Oxford Economic Papers, 69(1), 263-277. Retrieved on 15 March Retrieved from https://academic.oup.com/oep/article-abstract/69/1/263/2698723
De Quidt, J., Fetzer, T., & Ghatak, M. (2016). Group lending without joint liability. Journal of Development Economics, 121, 217-236. Retrieved on 15 March Retrieved from http://personal.lse.ac.uk/GHATAK/IJ.pdf
Flatnes, J. E., & Carter, M. R. (2016). A little skin in the microfinance game: reducing moral hazard in joint liability group lending through a mandatory collateral requirement (No. 333-2016-14170). Retrieved on 15 March Retrieved from https://ageconsearch.umn.edu/record/236157/files/A_little_skin_in_the_microfinance_game_-_Flatnes_Carter-AAEA_submission.pdf
Fong, Y. F., & Li, J. (2017). Relational contracts, limited liability, and employment dynamics. Journal of Economic Theory, 169, 270-293. Retrieved on 15 March Retrieved from https://www.nber.org/conferences/2009/OEf09/Fong.pdf
ASSIGNMENT 3: MEMO
To, Date: 26.03.2019
Subject: Writing a memo addressing the issues regarding Legalpalooza
I have received your email regarding the event. It is a pleasure to see that the event has been executed successfully. However there were some issues that can be seen in the event. This tie the numbers of attendees were twice than last year and for various part of the event we have got huge response and praise. However, some of the attendees got sick for serving of bad popcorn. This is very much unfortunate. The biggest negative impact that the event has faced is by the softball game. Someone hit by a foul ball and one of our members broke her leg. As per your email I have figured out that our company should have some liabilities regarding these faults as the faults were made from our side. By taking liabilities for these unfortunate events the company can gain attention from the participants. Negligee for this event may bring other difficulties that will cause harm to company’s reputation.
As influenced by the views of Mingers & Yang (2017), the unfortunate events fall under strict liability. The bad popcorn incident falls under product liability section as this caused by manufacturers fault. The unfortunate event of hit by a foul ball is falls under Tort Law which is about a body of rights, remedies and obligation that is encountered by courts to provide relief for the injured person by wrongful acts of others. As stated by Verbeke & Kano (2015), there are several kinds of international tort. In order to mitigate these issues I have done an extensive research on different business organization that can be incorporated into Acme Widget for better outcome.
Partnership business plan is about the business with more than one people. That mean the business has more than one owner who are in partnership. As stated by Hair Jr (2015), partnership business has several advantage and disadvantages in it. This has been discussed in following memo table.
This type of corporation is separated from shareholders and this company stock by its own. This corporation can sue other parties but it can be sued by other parties as well.
This organization combines the tax benefits of proprietorships as well as wit the LLCs with the liability protection of C Corporation.
Limited Liability Companies
These memo tables contain the advantages and disadvantages and different organizations that can be incorporated in Acme Widget organization for further success and to avoid the issues. My recommendation is LLC.
Hair Jr, J. F., Wolfinbarger, M., Money, A. H., Samouel, P., & Page, M. J. (2015). Essentials of business research methods. Routledge. Retrieved on 15 March Retrieved from http://doc1.bibliothek.li/acc/flmf044313.pdf
Mingers, J., & Yang, L. (2017). Evaluating journal quality: A review of journal citation indicators and ranking in business and management. European Journal of Operational Research, 257(1), 323-337. Retrieved on 15 March Retrieved from https://arxiv.org/pdf/1604.06685
Verbeke, A., & Kano, L. (2015). The new internalization theory and multinational enterprises from emerging economies: A business history perspective. Business History Review, 89(3), 415-445. Retrieved on 15 March Retrieved from https://www.researchgate.net/profile/Liena_Kano/publication/283796145_The_New_Internalization_Theory_and_Multinational_Enterprises_from_Emerging_Economies_A_Business_History_Perspective/links/568e794608aef987e567bb6b.pdf
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