Tag: Law

Financial law distinction exam model answer required for the following question, between 1000-1200 words, OSCOLA referencing:

China Global Investments (CGI), an investment fund, had entered into a number of derivatives transactions including credit default swaps (CDSs) with Banco Majorfiasco (BM), an Italian bank. All transactions are subject to an ISDA Master 2002 entered into between CGI and BM. Confirms relating to these transactions incorporated the ISDA Definitions for FX & Currency Options or the ISDA Credit Derivatives Definitions 2014 as amended as appropriate to the transactions.

i) There were three NDF (non-deliverable forward) transactions which were € to Vodkussian Kroner which are due to be settled in seven days time. The Vodkussian Central Bank today suspended all dealings in Vodkussian Kroner in the markets and currency quotes for the Vodkussian currency against the € or $ is no longer available in the markets.
ii) The first of the CDSs was in respect of € bonds issued by Banco Oporto et Bacalao (BOB), a Portuguese Bank, which is now in serious financial difficulty due to the economic consequences of the Coronavirus pandemic. The second was in respect of US $ bonds issued by BOB. The € bonds are governed by Portuguese law while the $ bonds were subject to English law. The Portuguese Central Bank acting under its powers conferred on it pursuant to the EU’s Bank Recovery and Resolution Directive(BRRD) has decreed a mandatory conversion of the € bonds into shares of BOB to satisfy the “bail in” requirement of the BRRD before the Italian Central Bank could inject funds by way of equity capital into BOB. The Central Bank has also transferred the $ bonds from BOB to a new bank Novo Banco (NB) exercising powers conferred on it pursuant to the BRRD.
iii) The Reference Obligation of the third CDS were € bonds issued under English law by Marmara Corp, a Turkussian conglomerate, which are to be redenominated by the Turkussian government into Arakis (a new currency) if Turkussia continued to be in serious financial difficulty due to the Coronavirus pandemic ravaging its major European trading partners.

iv) The fourth was in respect of US $ denominated bonds of Amazonas Air (AA), a Brazilian airline. AA is in the process of being compulsorily restructured and merged under local corporate law due to major financial difficulties resulting from the Brazilian economy suffering heavily due to the severity of the pandemic in Brazil. The result of the merger and restructuring would be that 80% of the assets and liabilities of AA including the $ bonds become the liability of a new corporate entity, Bahia Aviation (BA) while the remaining assets and liabilities would be transferred to a Brazilian state corporation.
v) A fifth CDS was in respect of US $ denominated bonds issued by Santiago Oil (SO), a state-owned corporation in Parazuela, a country in central America, which is in financial difficulty due to the recent large fall in oil prices. The bonds are subject to English governing law. The Government has by decree required all Parazuelan corporates to reduce the principal amount of all foreign currency denominated bonds by half and reduce interest payable on the bonds by three quarters of interest due. SO has announced that it will carry out the Government’s instructions starting on the next interest payment date. SO has also requested a major investor in Parazuelan bonds to try to trigger the collective action clause procedures in the SO bonds with a view possibly to changing the terms of the bonds so as to comply with the government’s instructions .
vi) The sixth was in respect of € bonds of Ayuthya & Sukhothai Construction (ASC), a corporate entity set up in Taipanbodia. These bonds include a call option which enables ASC to exercise a call option if the average market price of its shares over 30 days is 30% above the strike price in the convertible. This condition is now satisfied and it is expected that the call option will be exercised by ASC in the next week.

7. vii) The seventh was in respect of $ bonds of Soba and Sushi (SS), a South Korean financial institution. Under the terms of the bonds if its capital ratios fell below those specified in the Central Bank’s current requirements for capital of major financial institutions, the bonds would automatically convert into the equity of SS in accordance with a conversion ratio contained in the bond instrument. SS’ audited accounts published yesterday show that it is in breach of the Central Bank’s capital ratio requirement.

Advise CGI as to its legal rights under the terms of the derivatives transactions described above.

I don’t know how to handle this Criminal Justice question and need guidance.

Do you support the death penalty for children?

1.  If so, explain under what conditions and what is the minimum age a child would be death penalty eligible. (At what age would you designate a person an adult?)

2.  If you would not support the death penalty for “children,” explain why not.

I’m working on a criminal justice writing question and need a sample draft to help me learn.

Describe three factors that make police work especially stressful when compared to other occupations. Include the category that each stressor falls under in your answer.  

SCENARIO PRESENTATION ASSIGNMENT INSTRUCTIONS

This assignment will be very similar to the Scenario Paper Assignments. However, it is our
desire that not only do you become a great researcher, you become an “expert of the
presentation.” When you earn your PhD you may find yourself in a teaching role. In fact, maybe
you will be teaching Comparative Criminal Justice Systems! This series of PowerPoint
presentations will be a great start in your class preparation.

In this assignment you will find yourself in various countries as a criminal! In the scenario and
analysis you create you will truly be an international criminal. The “crime” committed can be of
your choosing is long as it is illegal in the country we are studying. You will find that this very
deep dive into the criminal justice systems of each country we study will help you become a
world criminal justice system expert.

The following is your prompt for the setting of your PowerPoint Presentation:
1) You are a US Citizen that is travelling to the country we are studying
2) You arrive at the country
3) You commit a crime
a. Make the crime interesting enough to write about
b. Make the crime of a nature that you will work through the country’s criminal
justice system
c. Do not get caught up in the detail of the crime at the expense of the analysis – this
will lead to failure of the assignment!
4) You are caught by the country’s law enforcement officers
5) You do not have diplomatic immunity and the country is balking at any means of
negotiation with the US for your release from the crime and subsequent punishment
The following is an outline of what you should cover in your presentation:
1) Begin your presentation with a brief analysis of the following elements:
a. Country analysis
i. Introduction to the country
ii. People and society of the country
iii. Economy
iv. Transnational issues (if applicable) that may impact law enforcement
v. Relations with the United States
b. What is the basic government structure and its relationship to the criminal justice
system
c. What is the “legal family” or basis of law in the country
d. What are the major components of the criminal justice system in the country
1) Please explain the following elements:
a. What crime did you commit? How were you caught? In other words, briefly
set up the scenario.
b. Explain the country specific law

c. Explain from first contact through arrest and questioning your experience with
the country’s law enforcement officials
d. Explain the detention process you will experience as a foreign national for the
crime you committed
e. Explain the judicial process you’ll experience for the crime you committed
f. Explain the detention, corrections, and/or incarceration process you’ll
experience for the crime you committed
1) Provide an analysis on:
a. The effectiveness of the criminal justice system in the country
b. The human rights perspective of how you were treated through the lens of the
country where you were caught
c. A Holy Bible comparison/analysis of the criminal justice system of the
country where you were caught

Prepare a 10 to 17 slide PowerPoint Presentation. Title slide(s) and reference slide(s) do not
count toward the slide count. The vast slide count difference is due to the fact that some
countries are quite easy to study and some countries have very limited information. In some
instances there will be a plethora of information and you must use skilled writing to maintain
proper slide count. Please keep in mind that this is a doctoral level presentation. Your research
must go beyond the mere textbook and have a minimum of 8 scholarly sources. The Holy Bible
should be used at least once in the PowerPoint presentation. Each slide (of the 10 to 17 slides)
must have 200 to 350 words of bulleted or paragraph speakers notes (in speaker notes section of
the slide build). The slides should be professional and not cluttered with too many words. The
sources should be reflected in the speaker notes, slides, and “reference section slide”.
Additionally, you, the student, should use animations, transitions, and graphics to reflect PhD
level research. Please review the grading rubric when forming your presentation. Sources
should reflect scholarly work but may include .gov information is there is an author or if the
information comes from a valid government research database (think CIA or State Department).
Current APA format must be used.

For this assignment, imagine you have been asked to speak at a conference about your selected social problem (Juvenile Delinquency).

Create a PowerPoint presentation to present all that you have learned about the social problem you selected:

1. Describe the selected social problem in social context:
   • What elements of society contribute to this problem, and how can it be alleviated?
   • What has perpetuated the problem?
2. Summarize actual solutions to your selected social problem you found in research and compare them to historical solutions.

The PowerPoint presentation should consist of 12-15 slides not including the title slide and slide for APA citations. Images may be included in the presentation, but be sure to keep all image sizes low for this presentation.

I have attached my Juvenile Delinquency Social Problem essay.

Matrix Comparative Analysis- Create and use Matrix Comparative Analysis, thus evaluating the alternatives using the structure of the matrix comparative analysis and the factors you chose.

I.                      VI      Matrix Analysis:  (From Course Outline)

You are now in a position where you are prepared to evaluate the alternatives using a matrix analysis method.  The matrix serves as a method to facilitate your decision making and demonstrates to the reader just how each alternative is judged against a specific criterion.  It is the centerpiece of your Capstone Project.

Each alternative will be given a value as it is judged against a specific criterion.  Values are assigned in the following manner:

Excellent    =   5

Very Good =   4

Good          =   3

Fair             =   2

Poor            =   1

The actual numbers (the values) used in this methodology have no intrinsic value of themselves.  Rather, the numbers serve as a listing of an order of priority and have the singular goal of assisting you in choosing the optimal course of action. 

• Note:   CADMM provides a methodology or framework to choose the best alternative available.  But it does not limit you from using your “intuition” and “gut” in carrying out your analysis.
• I have attached my matrix in the attachments along with the course outline for further assistance with understanding the topic

Discussion Question: First, in your own words, explain the difference between a law and a regulation. Second, briefly research and identify 2 or 3 regulations that your organization or past organization is/was expected to follow. Please explain them and their impact on your organization in terms of whether the organization sees compliance as a value-add or as a cost. Third, under what circumstances would it be reasonable to be out of compliance with any regulation?

MY ANSWER; A law can be defined as a rule that is put to govern and regulate everyone equally. Laws are put to apply to everyone in a state. On the other side, Regulations enforce a law to hold organizations under a certain agency. The agency has to be a governmental agency, and it does not require to follow the billing process. One of the regulations that the Ford Motor company assembly plant was expected to follow is environmental regulations. Compliance with these emission laws meant an increase in the cost of production. Ford Motor Company sells its vehicles worldwide, which means that it designs cars that do not need to be adjusted to fit different states’ emission laws which is expensive (Boston academic publishing 2013). The other regulation is the corporate average fuel economy regulation. Ford had to make cars that were safe and fuel-efficient as well. It means that they had to use new technologies to develop effective car models, which is an additional expense. The only reason why noncompliance would be reasonable is if the regulation does not apply to the type of business you are in. There are acts and rules for different business sets, but not all of them are applicable. Therefore, intentional omission of that regulation would be reasonable.

Boston academic publishing (2013). Business law and the legal environment version. Inc., d.b.a. FlatWorld. All right reserved.

DIRECTIONS; RESPOND TO FOUR CLASSMATES…. 100 WORDS. MAKE RESPONSES RELATABLE TO MY ANSWER AND ASK FOLLOW-UP QUESTIONS THAT RELATE TO THE DISCUSSION BOARD.

RESPONSE ONE…I would agree that laws are sot more to govern individuals and that regulations are more focused on governing organizations. I believe that law affects both individuals and organizations, but that regulation are indeed much more concerned with governing organizations.

You use the word “regulate” in describing how laws are different from regulations, yet regulate is the root word of regulation. I find the word “protect” would work better in that sentence as a descriptor of laws. What are your thoughts? do you agree?

I agree that business or market irrelevance is a reasonable reason to disregard a regulation. I heard through the grapevine, that some people have changed the definition of what they create or what kind of business they are in to argue irrelevance when facing a regulation. For instance, if there is a regulation that states one must have a license or sell prepared food, so a clever person decides to sell boxed food where after the transaction its expected the buyer will ask the seller to cook their newly purchased food. This way the seller is selling non-prepared food and just being a nice person when asked to cook it. What are your thoughts on this kind of tactic to get around regulations and make them seem irrelevant?

RESPONSE TWO….I liked your generalization that laws are meant to govern people and regulations are meant to govern organizations. I think that is an apt way to look at it for our purposes in this class. When I think of motor company and transportation regulations, I think of the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA). What agency specifically set the regulations that you mentioned?

“Trial of the Century” (O.J. Simpson Double Murder Trial)

The 1995 O.J. Simpson murder trial was one of the most famous
and notorious in American history. The 252-day trial was shown daily on
national television and garnered the following of countless onlookers,
as well as millions around the world. Former NFL player, broadcaster,
and actor O.J. Simpson was tried on two counts of murder for the June
12, 1994, slashing deaths of his ex-wife, Nicole Brown Simpson, and her
friend Ron Goldman. The arrest and trial were among the most widely
publicized events in American history. The trial—often characterized as
the “trial of the century” because of its international
publicity—spanned eleven months, until the verdict was announced on
October 3, 1995, when Simpson was acquitted on two counts of murder.
Following his acquittal, no additional arrests related to the murders
have been made, and the crime remains unsolved to this day. Simpson was
represented by a very high-profile criminal defense team, also referred
to as the “Dream Team.” The team was initially led by Robert Shapiro,
and subsequently directed by Johnnie Cochran; the team included some of
the most notable criminal attorneys in America – F. Lee Bailey, Alan
Dershowitz, Gerald Uelmmen, Barry Scheck and Peter Neufield. The work of
these highly trained lawyers, in large part, helped O.J. Simpson secure
an acquittal in the high profile case.

What to do:

Step 1: First,
carefully review Chapter 3 and focus on the six arguments that can be
employed to defend against a criminal indictment. Next, review credible
Web-based articles regarding the O.J. Simpson trial, focusing your
attention on the criminal defense presented by O.J.’s “Dream Team.”

Step 2: Answer each of the following questions (Minimum 300 words total. Include a word count):

• What were the primary criminal defenses used by the “Dream Team” to defend O.J. Simpson? – (Hint: There were two)
  
• Why do you think these criminal defenses were successful in securing an acquittal for O.J. in the criminal case?
  

BE SURE TO PROVIDE RESEARCH TO SUPPORT
YOUR POSITION. It is important that you refer to specific legal
principles found in the criminal defense as a part of your analysis.
Make sure to clearly explain your legal defense (i.e., background,
rules, exceptions, etc.). Properly cite your literary sources.

A little background:  You have learned about many aspects of the criminal justice system that have an affect on cases going to court and court proceedings. It is important that the CJ system is viewed in its totality in an effort to see how different factors affect the outcome and ultimately the quest for justice.

Directions:  Based off of what you have learned in weeks 5 & 6 (and keeping in mind what you learned in weeks 1-4) you are to answer the following questions:

Make up with a synopsis of a criminal act.  This should be no longer than a paragraph.  It should include the elements needed to answer the following questions.

Identify the crime(s) committed and the response by the police (this should detail the probable cause element for an arrest), suggest the charges for this individual (refer to the revised statutes in the state that you live to identify what crime(s) they may be charge with).  You may have to do some additional outside research (besides the revised statutes in your state) using sources through the UMGC library to obtain some of this information.

1. Pretend that you are the District Attorney for this case.  Explain your role in the prosecution of this case. Detail the information and steps that will be taken to take this case to trial. Explain the elements that must be necessary in order for the suspect to be convicted in the U.S. court system.