Critically evaluate the above statement in the light of the (then) House of Lords’ decision in the case of National Westminster Bank plc v Spectrum. Has the court in Spectrum been mistaken in their understanding of the distinction between floating and fixed charges?

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Company Law

Question 1:

Payna and Danusia were paralegals at a law firm. With precarity in the legal profession, both took a career break. Panya took up cooking and started posting her dishes on social media. Having been blown away by the social media attention of her cooking. Panya decided to take a leap into starting a food delivery business. She calculated that she would need a start-up capital of £2,000. She has only £200 in her savings. Danusia offered to invest £1,800 (the remainder of the capital needed) in Panya’s business. In addition, Danusia also offered to look after the social media accounts, and the logistics in relation to food delivery.

Six months into running the business and several features in multiple magazines about small and medium sized startups, an investment company called Quinoalicious Ltd. approached Panya and Danusia. Although both Panya and Danusia hoped to get back to their daily jobs after this, Quinoalicious Ltd’s offer of a 40% stake in their venue in return fro an investment of £200,000 was too attractive for both individuals to turn down.

Advise the parties as to which partnership model are most suitable for them based on the above circumstances (General Partnership, Limited Liability Partnership or Limited Partnership)

Question 2:

“Although, comply or explain has been hailed as a reasonable concept that improves corporate governance without the need for rigid, and/or cumbersome regulation, the concept has been criticised for its effectiveness and applicability.”

Igha Dabor, ‘To Comply or Not to Comply: Towards an Effective UK Corporate Governance Code’ (2021) 32 International Company and Commercial Law Review 310-1

Critically evaluate the above statement in the light of the current UK Corporate Governance Code and the harsh economic climate companies are currently facing.

Question 3:

“The distinction between fixed and floating charges could be views as a fragile concept. Moreover, with a lack of statutory definitions to increase this distinction’s robustness, there is still much uncertainty to be addressed.”

Jacob En Lun Lim, ‘The Concept of a Charge and the Fragility That Lies beneath Its Fixed and Floating Dichotomy: Should Its Distinction Be Abolished?’ (2021) 32 International Company and Commercial Law Review 406.

Critically evaluate the above statement in the light of the (then) House of Lords’ decision in the case of National Westminster Bank plc v Spectrum. Has the court in Spectrum been mistaken in their understanding of the distinction between floating and fixed charges?

Write to the Attorney General of Rhode Island and explain your concerns about privacy issues, biometrics, and data collection techniques being considered by police departments in Rhode Island.

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BLUF assignment

This week’s assignment will involve another BLUF (Bottom Line Up Front) document (as seen in the attached file). During this assignment, you are taking the position of an analyst assigned to a panel tasked with researching potential concerns that affect technology and its negative implications on policies and laws.

Within the context of this document, you will be writing to the Attorney General of Rhode Island (hypothetically) and explaining your concerns about privacy issues, biometrics, and data collection techniques being considered by police departments in Rhode Island. You should reference the documents distributed in this assignment and the BWC policy or other documents you can research on your own that support your thoughts.

Note: While writing this document, consider the following facts:
o The AG knows very little about what technology is currently in use or trending.
o Present the information in a BLUF format, not in an essay.
o Make sure you speak about the current BWC policy and future implications of where technology could be potentially headed.

Describe the data you currently have that you consider important. Explain a minimum of two techniques you currently utilize to protect your valuable data from being a target of cyber crime. Describe what you could do to better protect yourself from cyber crime.

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Protection from Cyber Crime

Prior to beginning work on this discussion, please read all of the required resources for this week. Review the instructions below and research a minimum of five additional articles in the UAGC Library that were published within the last 10 years to help support your statements. Be sure to include a reference list for your articles at the end of your post in APA format as outline by the UAGC Writing Center.

Cybersecurity is not only an issue for governments and large corporations, it also impacts us as individuals. From a criminal justice professional perspective, provide a professional opinion about the issues related to security and protection from cyber crime.

From a personal perspective, address the following.

Describe the data you currently have that you consider important.
Explain a minimum of two techniques you currently utilize to protect your valuable data from being a target of cyber crime.
Describe what you could do to better protect yourself from cyber crime.

From a professional, evidence-based perspective, address the following.

Explain the basic legal rights of individuals and companies who are affected by cyber crime.
Explain the ways in which questions about cyber security are out of your hands. (In other words, what can’t you do to protect yourself?)
Analyze the risks inherent to corporations that cannot be controlled or limited through any protective actions.

Analyze the potential consequences, both intended and unintended, of your policy recommendation. Develop a plan to evaluate your policy recommendation in the future, including a description of the plan components.

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Shoplifting

ADD 10-pages to the attached paper addresses the following:

Make recommendations for policy change or new policy based on the research.

Analyze the potential consequences, both intended and unintended, of your policy recommendation. Develop a plan to evaluate your policy recommendation in the future, including a description of the plan components.

Examine all of the elements that need to be proven for any criminal offences you think are relevant to their actions. State the law in relation to these elements and apply it to the facts in the scenario, identifying which facts help to prove that each element has or has not been fulfilled. Identify the elements of any relevant defences for each of them and apply these to the facts to consider if they are likely to be successful.

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Criminal liability

Question 1

You should use up to 1600 words for this question.

Read the problem scenario and answer the question that follows it. The scenario is an amended and expanded version of the scenario to which you planned an answer for TMA 03 Question 2. You should reflect on your submission and feedback for TMA 03 when completing this assignment.

You should carry out some of your own research into the applicable law (for example, case law) to support your answer.

Gallodan Giants (‘Giants’) are a senior women’s rugby union team playing in the top league of the English rugby structure, which has recently become fully professional. One Saturday near the end of the season, the Giants are playing a league title game against the Monthorpe Mavericks (‘Mavericks’). This game will decide who wins this year’s league title.

It has been an exciting and emotional game and the referee has had to stop play on occasions during the game to calm the players down. The Giants are now ahead by two points with three minutes to go, when the Mavericks have the ball inside the Giants’ half of the pitch. If the Mavericks score, they will take the lead and almost certainly win the match, and the league.

Suddenly, Haya, a player for the Mavericks, breaks through the Giants’ defence and runs towards the Giants’ goal-line, looking almost certain to score. Kamala is the closest Giants player to Haya. Kamala runs across to meet Haya but is too late to make a fair tackle. Kamala is desperate to prevent Haya from scoring. Kamala is also still angry over a moment earlier in the game when she was about to take a kick and she was distracted by Haya who, she felt, was insulting her. As a result of all of this, Kamala kicks out wildly at Haya’s legs with no attempt to make a fair tackle. A loud crack is heard as Haya’s leg breaks and she collapses to the ground. The referee blows her whistle and calls the medics on to the pitch to attend to Haya. Kamala says nothing but walks towards the Giants’ dugout as she is sent off by the referee.

Seeing the incident, Sarah, another Mavericks player, is furious at Kamala’s actions. Once Kamala has left the pitch and Haya has been stretchered off by the medics, the game restarts. Shortly afterwards, the referee blows the final whistle, and the Giants win the game, and the league title.

After the final whistle, Miriam, the Head Coach for the Mavericks, is disgusted by the exuberant celebrations of the Giants’ coaching team. Curtis, a Coach for the Giants, starts running up and down near the Maverick’s dugout celebrating wildly. Overwhelmed by the surrounding noise, Miriam hallucinates that Curtis is coming quickly towards her with fists raised to attack her. Acting quickly to defend herself, Miriam picks up a metal rugby ball pump lying on the grass near her and hits Curtis repeatedly over the head with it, crushing his skull. Curtis dies immediately. Miriam is confused by what has happened. While she is in police custody, she is assessed by a doctor. Miriam is found to have a glioblastoma, a fast-growing brain tumour, that is causing her to hallucinate, anger very quickly and lose control of her actions. The tumour is successfully removed through brain surgery and the hallucinations and other symptoms stop.

Meanwhile, after the game, the players are getting changed in their team dressing rooms. Sarah, still angry at the injustice of the Giants winning because of Kamala’s attack on Haya, barges into the Giants’ dressing room to find Kamala. Sarah squares up to Kamala and goes to punch her on the shoulder. As she does so, Kamala’s teammate Juliana jumps in the way to protect Kamala. Sarah’s punch connects hard with Juliana’s chest. Juliana falls to the ground and appears to be having a heart attack. She is taken away in an ambulance but is declared dead at the hospital. The post mortem shows that Juliana had an undiagnosed heart condition, which made her more susceptible to cardiac arrest. Sarah is inconsolable when she is informed of Juliana’s death.

Advise Kamala and Sarah of their likely criminal liability in relation to, respectively, the injury to Haya and the death of Juliana.

You are instructed to consider the criminal liability of two people. For both parties, you should therefore:

  • Use the IRAC method for answering law problem questions as set out in Section 6.1.4of the Law undergraduate guide.
  • Carry out some of your own research into the applicable law to support your answer.
  • Structure your answer correctly as a problem answer and advise each relevant person separately, in turn.
  • Examine all of the elements that need to be proven for any criminal offences you think are relevant to their actions.
  • State the law in relation to these elements and apply it to the facts in the scenario, identifying which facts help to prove that each element has or has not been fulfilled.
  • Identify the elements of any relevant defences for each of them and apply these to the facts to consider if they are likely to be successful.
  • Reach a conclusion as to the likely liability of each relevant person, based on your analysis of the relevant offence(s) and defence(s).

(90 marks)

Question 2

You should use up to 200 words for this question.

Select one piece of developmental feedback from your tutor for TMA 03 that identifies an area for improvement relevant to this TMA, other than in relation to referencing technique. Complete a short piece of reflective writing explaining how you have implemented that feedback in completing Question 1 of TMA 04.

State a persuasive Case Theory for the Defence. Plan a Crown’s Opening Speech, i.e., how the Prosecution might introduce its case to the jury at the start of the trial. Plan an Examination-in-chief of the Defendant.

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Advocacy in Criminal Trial

Answer BOTH of the following questions.

1. Using the R v ? brief, in a separate X-page document, complete THREE of the following tasks (a)-(e).

You should support your answers to this part of the assessment with any relevant law and references to commentary, including but not limited to works on the module’s Reading List.

(a) State a persuasive Case Theory for the Defence.

Justify the effectiveness of your case theory addressing the Prosecution’s case.

(b) Plan a Crown’s Opening Speech, i.e., how the Prosecution might introduce its case to the jury at the start of the trial.

Your speech may be note-form or full-form and should be accompanied by a commentary.

(c) Plan a Cross-examination of

I. Wit 1, or

II. Wit 2.

Accompany your plan with a commentary justifying it in light of theories of cross-examination and advancing your client’s best interests in an ethical fashion.

(d) Plan an Examination-in-chief of the Defendant.

Accompany your plan with a commentary justifying it in light of theories of examination-in-chief and advancing your client’s best interests in an ethical fashion.

(e) Plan a Defence Closing Speech, i.e., how you expect the Defence to close its case to the jury at the end of the trial.

Your speech may be note-form or full-form and should be accompanied by a commentary.

2. Complete a Reflection table for each of the THREE tasks completed in part 1.

You should identify at least ONE learning outcome for each task. You may identify learning outcomes related to your current or future career, legal or otherwise, and or those related to further academic study.

You may use the tables below or adopt your own layout.

Describe the major classical theories of crime, including the significance of their socio-historical context. Critically analyze and evaluate classical criminological thought and theorizing.

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Classical theories of crime

On the successful completion of the course, students will be able to:

1.) Describe the major classical theories of crime, including the significance of their socio-historical context. This would encompass:
a.) Being familiar with the various schools of early criminological thought;
b.) Understanding the key terminology, concepts and methodologies used by classical thinkers.

2.) Critically analyze and evaluate classical criminological thought and theorizing:
a.) From a methodological standpoint;
b.) By highlighting the sociological implications and consequences of such theorizing as they pertain to race, gender and social class.

3.) Apply classical criminological theory to a variety of historical and contemporary issues. This would include:
a.) Using theory to help inform and explain current events;
b.) Proposing solutions to contemporary crime problems within Canadian society.

4.) Appreciate and understand the importance of good theory building and testing for sociological and criminological inquiry.

5.) Think bigger, more critically and more creatively than they ever thought possible.

Identify the theories of product liability that Stella could rely upon when suing McDonald’s for compensation of her injuries. In your opinion, should she recover damages? Why or why. not?

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DB Q 7: Title, Risk of Loss, & Products Liability

As you read chapters 18, 19, & 20, you will learn how risk of loss follows titled ownership of good as well as comprehensive legal theories enabling recovery in products liability cases.
In 1994, Stella Liebeck, while being a passenger in a parked vehicle, was holding a cup of coffee she has just received while going through the drive thru. While the cup was between her legs, the lid popped off and soaked her pants with coffee determined to be 180 to 190 degrees Fahrenheit in temperature. Stella suffered 2nd and 3rd degree burns on her legs and groin area. She required multiple surgeries and skin grafts. She asked McDonald’s to pay for her medical bills and lower the temperature of the coffee so as to prevent future scald injuries.

Identify the theories of product liability that Stella could rely upon when suing McDonald’s for compensation of her injuries. In your opinion, should she recover damages? Why or why. not?

Which stakeholder groups were involved? Were the stakeholders for or against the suggestions? What amendments did they request? E.g., did they request more/less effective tax avoidance legislation? How did different stakeholder groups respond to the consultations? How did their background and interests appear in their views?

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Lecture journal

4 Research methodology and selection of the case public consultations

The case study in section 5 covers various stages of legislative drafting process of the IDLR ranging from 2009 until 2018. The Finnish legislative drafting processes can be outlined in nine stages (Finlex 2019):
1. Initiative
2. Preliminary preparation
3. Regulatory drafting (official duties)
4. Consultation
5. Continued drafting
6. Review by the Government
7. Parliamentary review (including consultation in the parliamentary committees)
8. Enactment Act published in the Statute Book
9. Enforcement and monitoring

 Answer specifically these questions:
1. Which stakeholder groups were involved?
2. Were the stakeholders for or against the suggestions?
3. What amendments did they request? E.g., did they request more/less effective tax avoidance legislation?
4. How did different stakeholder groups respond to the consultations? How did their background and interests appear in their views?
5. Whose comments were taken into account if the consultation influenced the corresponding rule?

You are invites to take one of two positions; you can be in favor of the BWC policy and program, or you can be against it. Choose to analyze this program from a legislator’s point of view or as a chief of police; either one is fine.

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Assignment 5: BWC Policy

This week’s lesson invites you to take one of two positions; you can be in favor of the BWC policy and program, or you can be against it. You must choose to analyze this program from a legislator’s point of view or as a chief of police; either one is fine.
Regardless of which position you choose, you will be speaking about the document and creating a point of view. As you write the paper, you must talk to the people you represent and convey your idea clearly and convincingly. Remember to use the B.L.U.F. principles as you attempt to convey your thoughts; you want to capture the audience but not lose them with too many details. This is a hypothetical project; you can add information or create facts. With that being stated, it is imperative that you pull data from the attached policy and speak about the facts contained within.

The following information must be contained within your document:
 Pros and Cons of the program
 Outside supporting data
 Future concerns
 Trends within the LE community
 Liability concerns
 Financial obligations
 Corrections/additions needed within the current BWC policy