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Construction Litigation case

Construction Litigation case: Chun Wo Building Construction Limited (Chun Wo) vs Metta Resources Limited (Metta) (HCCT29/2013)

ASSIGNMENT

Objectives:

The objectives of the assignment are to test the students’ ability in searching relevant court cases, interpreting and understanding them.

Task:

There are many court cases in the construction industry. One of the recent case with judgment made in late 2016: Chun Wo Building Construction Limited (Chun Wo) and Metta Resources Limited (Metta) (HCCT29/2013) is a complicated case involving many issues worth studying.

You may search the judgment details of the above court case at the following link: http://legalref.judiciary.gov.hk/lrs/common/ju/judgment.jsp

Discuss:

1. What are the relevant major issues arguing by both parties?

2. What are the argument proposed by Chun Wo?

3. What are the argument proposed by Metta?

4. What are the views of the judge and the conclusion of the court?

 

 No. of Words: 1000 – 1500 words

Construction Litigation case

Construction Litigation case

Construction Litigation case: Chun Wo Building Construction Limited (Chun Wo) vs Metta Resources Limited (Metta) (HCCT29/2013)

ASSIGNMENT

Objectives:

The objectives of the assignment are to test the students’ ability in searching relevant court cases, interpreting and understanding them.

Task:

There are many court cases in the construction industry. One of the recent case with judgment made in late 2016: Chun Wo Building Construction Limited (Chun Wo) and Metta Resources Limited (Metta) (HCCT29/2013) is a complicated case involving many issues worth studying.

You may search the judgment details of the above court case at the following link: http://legalref.judiciary.gov.hk/lrs/common/ju/judgment.jsp

Discuss:

1. What are the relevant major issues arguing by both parties?

2. What are the argument proposed by Chun Wo?

3. What are the argument proposed by Metta?

4. What are the views of the judge and the conclusion of the court?

 

 No. of Words: 1000 – 1500 words

Sources of Law and Ethics

Sources of Law and Ethics

 

Ms. Field would like you to prepare for the seminar by reviewing the structure of the court in your state, jurisdiction, and the various sources of law. She would like you to prepare a chart demonstrating the court structure and jurisdiction, and prepare a memo about the sources of law and ethics. Ms. Field will be using the following fact pattern to demonstrate the sources of law and ethics: Phyllis Smith owns and manages a restaurant in the community, Lucky Horseshoe Restaurant. Ann Reid lives next door to the restaurant.

Ms. Reid filed a complaint with the police department that the patrons of the restaurant and referred to them as “drunks” and “whores.” She picked fights with the bartender on several occasions and even called him Satan. These encounters happened in the presence of the patrons of the restaurant. Sales dropped 30% and Ms. Smith filed a law suit against Reid.

 

Compose a memo that Ms. Field will use to present at this seminar. The memo will respond to the following questions:

Analyze and discuss the four sources of primary law, and identify which source of law may be applicable to this case being certain to explain why. Discuss whether Reid’s statements about the restaurant’s owner, bartender, and customers are protected by the U.S. Constitution.

Evaluate whether Reid behaved unethically in the circumstances of this case.

Explain why. Conduct research on the court structure in your state of Wisconsin and develop a chart identifying the various levels of the court.

The chart should include the following components: Local Court information and Jurisdiction; County Court Information and Jurisdiction; Wisconsin state Court Information and Jurisdiction; Wisconsin state Intermediate Court Information and Jurisdiction; and State’s Highest Court Information and Jurisdiction. Part 1 Deliverable Directions After you have conducted the necessary research, prepare an intra-office memorandum to the Managing Attorney. Your memo: Must be formatted using the elements of an inter-office memorandum: the Heading, which will include To: (who it will be addressing, From: (the memorandum will be written by you), Date: (date in which the memorandum is written), and the Re: (what the memorandum is in regards to). Must be typewritten in Times New Roman or Arial 12-point font, and with 1-inch margins.

It is suggested that your memo be at least 2-3 pages in length.

Must include a minimum of three scholarly and credible sources (not including the text book).

After you have conducted your research, prepare a chart that meets the following requirements. Must be 1 page of content. Must be legible.

 

EXAMPLE OF THE MEMO

Law Office of Field & Field

Memo

To:

Nicole Field

From:

[Your Name]

Date:

INSERT DATE HERE

Re:

Sources of Law and Ethics

Introduction

Your introductory paragraph will appear here. The introductory paragraph usually attempts to do three things:

Introduce the topic with some indication of its inherent interest or importance, and a clear definition of the boundaries of the subject area

Indicate the structure and/or methodology of the essay, often with the major sections of the essay or its structural principle clearly stated

State the thesis of the essay, preferably in a single, arguable statement with a clear main clause

The standard pattern for an introductory paragraph follows the order of the tasks outlined above. Below is an outline of that pattern, written as if it were the first section of a formal outline of the entire essay. Combine all this information into one paragraph. Do not write as bullets.

The topic

Its boundaries

Why it is interesting

Structure and/or Methodology

The essay’s main sections (structure)

Why they come in that order (structural principle)

How the author plans to draw the necessary conclusions from the information available (methodology)

The Thesis Statement (usually a single sentence)

Its premise (the general claim about the information available)

Its conclusion (the consequences of the first claim)

No references should be included in the introductory paragraph.

Sources of Primary Law and Applicable Lucky Horseshoe Law

First primary source of law will be identified here. This should be a paragraph on its one. List the primary source of law, explain/describe what is it, and include an example to demonstrate your understanding of this source of law. You should have at least one reference in this paragraph. As you write your paragraph, remember, a well-developed paragraph should be 4-5 complete sentences, that is, the introductory sentence, at least three supporting sentences, and the concluding sentence.

Second primary source of law will be identified here. This should be a paragraph on its one. List the primary source of law, explain/describe what is it, and include an example to demonstrate your understanding of this source of law. You should have at least one reference in this paragraph. As you write your paragraph, remember, a well-developed paragraph should be 4-5 complete sentences, that is, the introductory sentence, at least three supporting sentences, and the concluding sentence.

Third primary source of law will be identified here. This should be a paragraph on its one. List the primary source of law, explain/describe what is it, and include an example to demonstrate your understanding of this source of law. You should have at least one reference in this paragraph. As you write your paragraph, remember, a well-developed paragraph should be 4-5 complete sentences, that is, the introductory sentence, at least three supporting sentences, and the concluding sentence.

Fourth primary source of law will be identified here. This should be a paragraph on its one. List the primary source of law, explain/describe what is it, and include an example to demonstrate your understanding of this source of law. You should have at least one reference in this paragraph. As you write your paragraph, remember, a well-developed paragraph should be 4-5 complete sentences, that is, the introductory sentence, at least three supporting sentences, and the concluding sentence.

In this last paragraph for this section, you will identify the source of law that is applicable in this case, that is, based on the facts provided. Explain why it is applicable to the scenario. Use your definition of the source of law and the facts of the Reid case to explain why it is applicable. Include outside sources to substantiate your ideas. As you write your paragraph, remember, a well-developed paragraph should be 4-5 complete sentences, that is, the introductory sentence, at least three supporting sentences, and the concluding sentence.

U.S. Constitution Protections

Here, you are being asked to discuss whether Reid’s statements about the restaurant’s owner, bartender, and customers are protected by the U.S. Constitution. Start this paragraph by discussing the restaurant owner’s U.S. Constitutional protection. Identify the U.S. Constitution. Explain what it means, and discuss why the restaurant owner is protected based on the U.S. Constitution you select. Use the U.S. Constitution and the facts provided to do your analysis. You will need to include at least one reference to substantiate your idea. Properly APA format the U.S. Constitution you select.

In this next paragraph you will focus on the bartender. Start this paragraph by discussing the bartender’s U.S. Constitutional protection. Identify the U.S. Constitution. Explain what it means, and discuss why the bartender is protected based on the U.S. Constitution you select. Use the U.S. Constitution and the facts provided to do your analysis. You will need to include at least one reference to substantiate your idea. Properly APA format the U.S. Constitution you select.

In this next paragraph you will focus on the customers. Start this paragraph by discussing the customers’ U.S. Constitutional protection. Identify the U.S. Constitution. Explain what it means, and discuss why the customers are protected based on the U.S. Constitution you select. Use the U.S. Constitution and the facts provided to do your analysis. You will need to include at least one reference to substantiate your idea. Properly APA format the U.S. Constitution you select.

Did Reid Behave Unethically?

In this paragraph you will want to discuss whether Reid behave unethically. Do you believe his behavior was unethical? Why? Explain in detail. As you write your paragraphs, remember, a well-developed paragraph should be 4-5 complete sentences, that is, the introductory sentence, at least three supporting sentences, and the concluding sentence.

Conclusion

In a concluding paragraph, you summarize what you have written about in your paper. When you are writing a good concluding paragraph, you need to think about the main point that you want to get across and be sure it is included. If you have already written a fabulous introductory paragraph, you can write something similar with different wording. Use your introductory paragraph as a guide. No new ideas should be included in the concluding No references should be included in the concluding paragraph.

Memo

Construction Litigation case: Chun Wo Building Construction Limited vs Metta Resources Limited

Construction Litigation case: Chun Wo Building Construction Limited vs Metta Resources Limited

onstruction Litigation case: Chun Wo Building Construction Limited (Chun Wo) vs Metta Resources Limited (Metta) (HCCT29/2013)

ASSIGNMENT

Objectives:

The objectives of the assignment are to test the students’ ability in searching relevant court cases, interpreting and understanding them.

Task:

There are many court cases in the construction industry. One of the recent case with judgment made in late 2016: Chun Wo Building Construction Limited (Chun Wo) and Metta Resources Limited (Metta) (HCCT29/2013) is a complicated case involving many issues worth studying.

You may search the judgment details of the above court case at the following link: http://legalref.judiciary.gov.hk/lrs/common/ju/judgment.jsp

Discuss:

1. What are the relevant major issues arguing by both parties?

2. What are the argument proposed by Chun Wo?

3. What are the argument proposed by Metta?

4. What are the views of the judge and the conclusion of the court?

 

 No. of Words: 1000 – 1500 words

Need one page in proper citation and reference

Need one page in proper citation and reference

What Impact does longterm solitary confinement have on inmate? 

The Role and Function of Law in Global Business

The Role and Function of Law in Global Business

Purpose of Assignment

Law impacts how business operations perform. With globalization, the law's impact and corresponding business risks have grown. The student will learn to consider how and when a business risk should be pursued under traditional litigation (lawsuit, answer, and discovery) and where alternative dispute resolution methods are appropriate in both domestic and international disputes.   

Assignment Steps  

Select a business or industry ( TJX Companies Inc ) with which you are familiar and, in a minimum of 700 words, excluding title and reference pages, develop an analysis including the following:

  • Identify at least two ways the U.S. legal system affects that business or industry.
  • Examine the risks that business or industry encounters when dealing with traditional litigation, (suit, answer, discovery, trial) and what measures business managers can take to reduce exposure to those risks.
  • Choose a global/international business dispute from your business or industry, then compare and contrast one form of alternative dispute resolution (ADR) with traditional litigation with regard to that dispute, and recommend which method is preferred and why. 

Cite a minimum of three scholarly references. 

Support your answers using legal terms and definitions 

Format your paper consistent with APA guidelines. You must use APA formatted headings to add organization to your paper.  Use bold and centering for first-level headings and put second-level headings in bold at the left margin.  Capitalize all major words in both headings and eliminate italics.  Have a Summary or Conclusion used as a first-level heading.

Format your paper so that all paragraphs have a minimum of three sentences. 

week1 law discussion question

week1 law discussion question

Answer the following questions…

  • Can you think of an example or experience when/where one's actions may be "legal" in the world of business, but "morally" or "ethically" wrong in the eyes of society? 
  • What  advantages or disadvantages do you think businesses should consider when determining where to locate their headquarters.  How does the law affect that decision?
  •  how can you reconcile traditional litigation with ADR?
  •  how you would conduct a global business in the international marketplace and how you would manage the risk created.

CRJ 560 Active Learning

CRJ 560 Active Learning \

The most common forms of academic dishonesty are cheating on tests and plagiarism. The ease of access that the Internet provides has also made it easier for students to plagiarize other peoples’ works. At the same time, online services such as Turnitin.com and SafeAssign have made it easier to catch students who plagiarize other peoples’ works. 

Despite all the warnings and admonishments some students will inevitably try to get away with it. Regrettably, sometimes they do, but sooner or later they get caught. These students risk getting an F on the assignment that they plagiarized and an F for the entire course. They can also be expelled from the university. 

For this discussion question, first read the section in the Syllabus regarding Academic Dishonesty. Then read the article titled, "Student Perceptions of Anti Plagiarism Programs" (Nuñez, 2011). 

In your analysis, consider the pros and cons of the Saint Leo policy whereby students are required to submit their written assignments to the Turnitin.com web site. Consider that some other universities do not require students to submit their works to Turnitin or a comparable plagiarism check web site. These other universities leave it up to the student to check their own work on an optional basis. The course instructors are also given the latitude whether to check the work for plagiarism or not.

Now consider another Saint Leo University procedure as it pertains to plagiarism. Unlike some other universities, Saint Leo does not afford its instructors the discretion to make determinations and take disciplinary actions against students who have been caught plagiarizing. Instead, the Saint Leo procedure is to have the professors forward all the information regarding the plagiarism incident to the Graduate Academic Standards Committee, which in turn makes the final determination as to how the student will be disciplined. By contrast, some other universities allow the individual professor to make the determination as to whether there has been plagiarism and the professors are given the authority to deal with the matter in any way they deem appropriate.

Explain the advantages and disadvantages of these two very different policies. Which one do you think is better and why?

 

The Tea Party movement that started in 2010 is considered by some political analysts as an example of a “grass roots” initiative by frustrated common citizens who seek to influence national policy. In 2011, the Occupy Wall Street movement came into prominence and was immediately compared to the Tea Party.

For this discussion question you will take the identity of an analyst working for the Criminal Intelligence Bureau (CIB) of the Miami-Dade Police Department. Your Bureau commander has assigned you the task of analyzing these two political movements that are likely to protest during the upcoming DRNC event next year. Your analysis and recommendations will weigh heavily on your command staff’s policy formation as it pertains to these two particular political groups.

For this discussion post, you must conduct your own research and cite at least three sources. Your report to the CIB Commander must be at least 500 words long, but no more than 1,000 words. As always, your response must be written at the graduate level and cited properly according to APA style guidelines.

At a minimum, you are to address the following:

  • Describe and analyze the Tea Party and the Occupy Wall Street movements and determine their underlying motives and their likely involvement in the upcoming DRNC event.
  • How have these movements differed from other political movements in the past?
  • How do the Tea Party and the Occupy Wall Street movement differ from one another?
  • What policy recommendations do you make to the Miami-Dade Police Department command staff on how to deal with these two political movements during the upcoming DRNC?

For this discussion question, first read the case study on pages 182 – 210 of the textbook. Analyze case study in utilizing the Five Step Approach provided by the authors. The five steps are the following:

  1. Define the problem and determine its causes.
  2. Establish criteria to evaluate alternatives.
  3. Generate policy alternatives.
  4. Evaluate and select policy.
  5. Evaluate adopted policy.

After addressing these five steps, answer discussion question number 8 on page 202, which states: 

 

Did the five-step model help you understand the problem, and help you organize and structure your research and a potential response in a way that made the task more manageable, and your analysis more thorough? Or did this problem reveal possible limitations of the five step approach? 

For this discussion question you are to assume the position of Major Louis Warren, the principal planner for security for the DRNC event.

Based on your readings so far, identify the three likeliest threats that you expect to encounter on the week of the event. Then identify the three most consequential threats that you expect to encounter that week. Understanding that risk is a function of likelihood and consequence (Risk = Likelihood X Consequence), how do you rank order the overall risk posed by these threats?

For the second part of this question, you will need to formulate a very brief policy statement (not to exceed seven words) that best addresses the risks that you have identified. You may formulate one, two, or three policy statements at the most for this question.

week 2 law questions

week 2 law questions

Anwser the following questions in order…

  1. Compare and contrast the following business forms: Sole Proprietorship; General Partnership; Limited Partnership; and Limited Liability Partnership. What primary factors are most important when deciding what business form is best for a start up you might have in mind?
  2. When weighing the risk of liability of a particular business form, discuss when and which business forms are best for various start ups.

  3. What are the characteristics of a Corporation?  

  4. What protection does it afford its leadership?  How is it formed? Dissolved? Tax Benefits?  Limitations (if any) on Liability for the leadership, stakeholders, etc.?

  5. How do corporate formation, funding, and government oversight work together to drive the economy?
  6. Governance is different from management, or is it? How do these concepts relate and should all governance be practiced from the same script?

week 2 law questions

week 2 law questions

Anwser the following questions in order…

  1. Compare and contrast the following business forms: Sole Proprietorship; General Partnership; Limited Partnership; and Limited Liability Partnership. What primary factors are most important when deciding what business form is best for a start up you might have in mind?
  2. When weighing the risk of liability of a particular business form, discuss when and which business forms are best for various start ups.

  3. What are the characteristics of a Corporation?  

  4. What protection does it afford its leadership?  How is it formed? Dissolved? Tax Benefits?  Limitations (if any) on Liability for the leadership, stakeholders, etc.?

  5. How do corporate formation, funding, and government oversight work together to drive the economy?
  6. Governance is different from management, or is it? How do these concepts relate and should all governance be practiced from the same script?
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