Action Items
Write an analysis of the various fiduciary duties under corporate law and what best practices are followed by Directors in fulfilling their duty. In your analysis discuss how the business judgment rule is used in litigation, who favors the use of the business judgment rule, and when does the business judgment rule not apply.
In his book Homo Juridicus, Alain Supiot considers the law and the state a third person that oversees all relationships between individuals (first and second persons). The law safeguards the dignity of all persons through a process of interdiction that proscribes any conduct that reduces the human person to mere matter. Supiot also distinguishes between dogma and science and often invokes the dangers of scientism in his book.
Write an essay on these aspects of Supiot’s book Homo Juridicus in which you discuss Supiot’s views critically.
(Note well: “Discuss critically” does not mean that you must disagree with Supiot or criticise every aspect of his thinking about law. It only means that you discuss it objectively with a critical distance that also allows you to bring different perspectives into the discussion.)
Identify one issue from the weekly reading (Chapters 11 & 12) and create a Legal Issue Brief.
Your brief should be no more than one page and follow the format below.
Bill is selling his 2002 Toyota for $3,000. Bill’s car is parked in his driveway with a 4-sale sign on it opposite LA City College. John approaches Bill and tells him he would like to take it for a ride and then, if he likes it, John said he will buy it. Bill asks John if he has a driver’s license? John shows him his license and then John takes the car for a test drive. John then buys the car from Bill.
About six (6) months later John comes back to Bill’s house and requests that Bill give him his money back. The car now has a few dents on it and about 10,000 additional miles on the odometer. As it turns out, John is only 17 years old. Had Bill looked closely at John’s driver’s license perhaps he would have realized that John was only 17 yrs. old!
Questions: Keep your answers separate – A, B, C
(A) Does Bill have to return John the $3,000? – Discuss! 30% – Not a simple Yes or No answer! Discuss the law.
(B) Are there Exceptions to the Rule regarding minors making purchases – KEY – discuss and list any and ALL exceptions? 40%
(C) May Bill, the seller of the auto, disaffirm the contract / agreement he made with John? Discuss 15%
Purpose To assess your ability to: Describe the duty of care and loyalty. Explain the different policy approaches used to enforce fiduciary duty. Discuss the concept of good faith.Identify comparable legal theories and concepts under Saudi Companies Law. Apply legal issues and concepts related to fiduciary duty to create appropriate solutions in a case study scenario. Apply main concepts of Saudi Company law in a case study scenario.
Action Items. Write an analysis of the various fiduciary duties under corporate law and what best practices are followed by Directors in fulfilling their duty. In your analysis discuss how the business judgment rule is used in litigation, who favors the use of the business judgment rule, and when does the business judgment rule not apply
VERY IMPORTANT – MUST Be In Bluebook Citation Format footnotes with bibliography. Citations must also include page number.
OVERVIEW
This is an analytical paper in which you are required to clearly state the issues or topics, analyze the authority, rules, regulations and/or laws that apply to the issues or topics, then clearly and logically apply the rules, regulations and laws to the issues or topics in order to support conclusions or analysis.
INSTRUCTIONS
You must define, explain and analyze the three types of trademark legal actions. When discussing each action also discuss the purpose of the action. Also, define, explain and analyze the defenses to an infringement action. Again, when addressing these defenses, discuss the purpose of each defense.
BASIC FORMAT
• A title page is required that includes the title of the assignment, your name, and name of the educational institution.
• The paper must be typed, double-spaced, 12-point font (Times New Roman), with page numbers in the bottom center.
• The paper must be 5-7 pages, excluding the title and reference pages.
• You must cite at least 5 sources, which may include the textbook and the article included in the reading assignment for this Module: Week.
• This is an analytical paper. Thus, avoid using personal pronouns, or referring to “my beliefs”, “I think”, “I believe” or similar language. This paper should not be written in the first person.
• All information obtained from another source must include a citation to that source in accordance with current Bluebook standards. Also, all assertions should be supported by authority not be based upon opinion.
• Headings (subheadings) must be used.
Note: Your assignment will be checked for originality via the Turnitin plagiarism tool.
Alternate facts for case Williams v Roffey (hypothetical):
The claimants Williams contracted with the defendant Roffey to do carpentry work in a subcontract for a construction project involving refurbishment of a block of flats for which Roffey was the main or general contractor. The subcontracted carpentry work was running late and so the defendants, concerned that the job might not be finished on time and that they would likely have to pay under a penalty clause in the main contract, agreed to pay the claimant an extra £ 10,300 to ensure the work was completed on time. In response, the claimants Wiliams, previously working on a two-shift basis, hired a third shift. The defendant Roffey later refused to pay the extra amount to Roffee even though the carpentry work had been completed on time.
[a] Which legal rule need be applied to resolve the legal issue over whether the extra £ 10,300 is due and payable? Identify that legal rule. (Rule must be based on consideration theory. Otherwise, zero marks will be awarded for the whole question set.)
Ans) Rule of corollary of sufficiency.
[b] Applying that rule identified above, according to the Common law, would the £ 10,300 be due and payable? Explain referencing appropriate legal theory derived from that rule. [Note: answers that do not utilize the rule identified in [a] above will received ZERO credit.]
Ans) Yes. In reference to the rule of corollary of sufficiency, the payment is due and payable as hiring a third shift requires payment to the hired workers which is considered as an extra cost. In addition, if the third shift starts at midnight, there is an extra risk borne as working at night is more dangerous than working at daytime.
[c] Williams maintains that Roffee bought “insurance” in the form of “peace of mind” in consideration for that consideration of £ 10,300. Using relevant legal theory, present an argument that refutes that contention. .
[Note: answers that do not utilize relevant legal theory will received ZERO credit.]
Complete a writing assignment about your research.
Requirements
Some of the graded assignments in this course have a corresponding rubric that you will use when grading. view the instructions on using rubrics in the SpeedGraderTM. (Links to an external site.)Links to an external site.
TO: Paralegal FROM: Supervising Attorney RE: Complex Motion Drafting
Research the requirements for a Motion to Dismiss and a Motion for Summary Judgment in your jurisdiction. For this assignment, you have the option of preparing a Motion for Summary Judgment on behalf of your assigned client, or preparing a Motion to Dismiss for the Defendant in your Foundations case.
Evaluate the strongest legal arguments that can be made for each motion, from the Petitioner and Defendant vantage points, for one cause of action in the case. Your next assignment, the Brief (Assignment iol will include the legally relevant facts. issue
FOUNDATIONS ASSIGNMENT 9 COMPLEX MOTION DRAFTING
Based on the requirements to prevail on the motions, select either a Motion to Dismiss or a Motion for Summary Judgment. Research the form for your selected motion, using either Lexis, Westlaw or an Internet search.
Prepare either a Motion to Dismiss or a Motion for Summary Judgment. Be mindful that, if you had more than one cause of action in your Complaint, the motion will be a Partial Motion to Dismiss, or a Partial Motion for Su mnnary J udgment, because you are seeking relief from the court for one cause of action. The rule, for your selected motion, must be included in the motion in Bluebook format.
There is no Template for this assignment.
Identify one issue from the weekly reading and create a Legal Issue Brief.
Your brief should be no more than one page and follow the format below.
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