Financial Law UK 1500 words problem

Financial law distinction exam model answer required for the following question, OSCOLA referencing:

China
Global Investment Corp (CGIC) is a major investor in international
bonds. It had purchased US $100 million convertible bonds issued some
three years ago by Ayuthya & Sukothai Co (ASC), a multinational
conglomerate incorporated in Taipanbodia and a second investment of €
150 million of fixed rate bonds issued by ASC. CGIC had purchased both
sets of bonds through a dealer in Hong Kong which had in turn purchased
these bonds from a dealer in Singapore.

The
convertibles had been issued subject to a trust deed while the € bonds
were subject to a Fiscal Agency Agreement both sets of documentation
were subject to English governing law and were in market standard form
and both sets of bonds were listed in London.

Some
months after the purchase by CGIC, the regulatory authorities in London
announced that they were proceeding with an investigation into the ASC
bond issues under UK financial services legislation because the
estimates contained in the Listing Particulars submitted to the London
Stock Exchange with regard to copper deposits on lands which ASC had
leased In Zimbabwe and Botswana were now known to be completely
inaccurate. Both sets of bonds were immediately downgraded to BB from AA
by Cretin & Miscalculus (CM), the international rating agency. In
consequence, the market price of both sets of bonds fell to 60% to 65%
of their face value in daily trading in global bond markets. CGIC had
purchased the US $ bonds at 110% of face value while it had purchased
the € bonds at 95% of face value.

CGIC
requires your advice on its legal position under the terms of the €
bonds and the US $ convertible bond instrument with regard to the above
developments assuming documentation which is subject to market standard
clauses and conditions for such bond issues and in particular, whether
CGIC may call default on the two sets of ASC bonds; secondly, what
claims it may have due for any financial loss suffered due to the
misstatements in the prospectuses.

ASC
has also been in negotiations with a South Korean multinational
Boolgogi and Soba (BS) with a view to setting up a global conglomerate
to be named Kabuki & Kaiseki Co (KKC) by the merger of ASC and BS.
It is proposed that subsequent to the merger all assets and liabilities
of ASC and BS would be transferred to KKC and both ASC and BS will be
liquidated. Advise CGIC on its position under the US $ convertible bonds in view of the proposed merger.

In
addition, CGIC has become aware that in preparation for the launch of
the $ convertibles ASC may have engaged dealers in Hong Kong and Tokyo
to purchase shares in ASC with a view to increasing the price ASC shares
prior to the launch of the convertible. The ASC share price had risen
significantly in the week prior to the launch of the convertible. CGIC
requires your advice on whether ASC might have been in breach of US or
EU or UK regulatory law due to these purchases of ASC shares as a
prelude to the sale of the $ convertible bonds.

Advise CGIC on its legal position with regard to the above matters.

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Business law Memo

Candie Cardigan as a representative for CARDWARE has decided to auction her strapless giraffe print dress made of silk, satin with velvet markings. This particular dress was used in a movie filmed in S. Africa. The dress had been show cased among other famous dresses in the Silkadonia Actors Guild Museum. Cassie Cardigan was chosen to act as the auctioneer for World Wide Auction House. The bidding for the dress began at $5,000. Pearl has been looking forward to participating in the auction for this dress for over three months. Pearl raised her auction paddle and bid the initial $5,000. Jade also wanted the giraffe print dress and upped the ante to $5,500. The two battled the bidding to where it appeared that Pearl got the dress for $8,500.00, as Cassie smiled and nodded at Pearl.

Candie and Jade had been friends for years, as they had modeled together growing up as children. Candie quietly told Cassie to sell the dress to Jade. When Pearl presented $8,500 to Cassie, Cassie refused to take her money claiming that the dress was to go to Jade. Cassie further explained that Jade had allegedly had raised her paddle after Pearl’s final bid and showed five fingers meaning that she was bidding $500.00 more over the $8,500.00 bid made by Pearl. In reality, no such action by Jade had taken place.

Pearl now wants to sue for breach of contract. She has come to your office asking for your help. She wants you to request that Candie turn the dress over to her for the $8,500 that she bid. Your supervising attorney Les Agne indicates that you should investigate a cause of action for breach of contract, as well as a cause of action based on specific performance. Be aware of whom the true Plaintiff may be in this potential case and who causes of action may be brought against. Also, Les has scribbled the following notes to help you with organizing your thoughts regarding Specific Performance.

Dear Paralegal:

After you establish a contract exists as a result of the auctioning of the giraffe print dress, you may want to consider the following with regard to specific performance:

  • You must have a contract in place
  • The remedy at law must not be adequate (hence damages alone will not provide relief to the party who is seeking specific performance.
  • The remedy must be enforceable
  • If one party can bring the action for specific performance, so can the other if the positions were reversed.
  • If there were any conditions to the contract, all were.

Be sure to discuss defenses with regard to the contract. In other words, what will Candie or the Auction House say in response to there being a contract?

Assignment Instructions:

Please write me a memorandum in the following format:

Date:

To: Les Agne, Attorney at law

From: [Your Name]

Re: Potential Causes of Action for Breach of Contract and Specific Performance

Organize your memorandum with an introduction, body, and conclusion.

Note: Your memorandum length of 2–3 pages is separate from the cover sheet and reference page.

Keep all font color consistent throughout. If a blue hyperlink appears, remove it by hovering over it and right click. A vertical dropdown menu will appear. Click on Remove Hyperlink.

Avoid the use of first person.

In addition to fulfilling the specifics of the assignment, a successful paper must also meet the following criteria:

  • Include a cover page and references page in 10 – 12 point font (Arial, Courier, and Times New Roman are acceptable)
  • Viewpoint and purpose should be clearly established and sustained
  • Assignment should follow the conventions of Standard English (correct grammar, punctuation, etc.)
  • Writing should be well ordered, logical and unified, as well as original and insightful
  • Your work should display superior content, organization, style, and mechanics
  • Appropriate citation style should be followed

You should also make sure to:

  • Include a title page with full name, class name, section number, and date
  • Include an introductory and concluding paragraph and demonstrate college-level communication through the composition of original materials in Standard English
  • Use examples to support your discussion
  • Cite all sources on a separate reference page at the end of your paper and cite within the body of your paper using APA format and citation style. For more information on APA guidelines, visit Academic Tools.
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Education Law Presentation Outline

This week you will create a detailed outline that will serve as the foundation of your assignment in Week 6. In the final week of this course you will use the information and feedback from this outline to create a PowerPoint or video presentation in which you practice creating and delivering a professional development session on educational law. Please note that this presentation is not intended to serve as a substitute for legal advice and is covering introductory concepts only. It is not intended to address any actual dispute of cause of action and is not at all reflective of any recent changes to law or consultation of a union representative, administrator, or attorney.

You are encouraged to select a topic of your interest. Possible topics include but are not limited to religious expression in schools, student privacy, First Amendment rights, due process, student search, school safety, equal protection, the Individuals with Disabilities Education Improvement Act (IDEIA), teacher negligence, etc.

Complete the following outline template including a short description and details for each point. You must include citations for a minimum of three cases or scholarly sources in APA format within the outline:

  1. Presentation Topic
    1. Attention getter
    2. Presentation purpose
    3. Historical/Background information on topic
  2. Main Point (One critical point about the issue)
    1. Subpoint: Examples/Cases further explanation
    2. Subpoint: Outside sources/perspectives to consider
    3. Subpoint: Resources for issue (Can be from your collected resources)
  3. Main Point (One critical point about the issue)
    1. Subpoint: Examples/Cases further explanation
    2. Subpoint: Outside sources/perspectives to consider
    3. Subpoint: Resources for issue (Can be from your collected resources)
  4. Main Point (One critical point about the issue)
    1. Subpoint: Examples/Cases further explanation
    2. Subpoint: Outside sources/perspectives to consider
    3. Subpoint: Resources for issue (Can be from your collected resources)
  5. Closing Summary

The Presentation Outline

  • Must be two double-spaced pages in length (not including title and references pages) and formatted according to APA style as outlined in the Ashford Writing Center (Links to an external site.).
  • Must include a separate title page with the following:
    • Title of presentation
    • Student’s name
    • Course name and number
    • Instructor’s name
    • Date submitted
  • Must use at least three scholarly sources in addition to the course text.
  • Must document all sources in APA style as outlined in the Ashford Writing Center.
  • Must include a separate references page that is formatted according to APA style as outlined in the Ashford Writing Center.
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Describe technological tools that are used in criminal justice

Scenario

As a newly hired police officer, you have been tasked with explaining predictive policing at an upcoming community-based meeting. You will be writing a paper to prepare for your talk. You will share this example:

In a previous meeting, citizens in attendance discussed concerns regarding residential burglaries in their area. This live burglary crime map shows that there have reported burglaries that appear to be close in proximity. Using data-based crime mapping and predictive policing, police established a pattern. In addition to establishing a patter, the police discovered the following:

  • The seven burglaries have all been forced entries with rear doors pried open.
  • They have occurred between Monday and Friday during business hours while residents have been at work.
  • Fingerprints were lifted in four of the seven houses.

Using the data, the chief has directed officers to stay on proactive patrols in the area between 0830 and 1330 hours on weekdays.

Note: On the top left of the Burglary Crime Map page, underneath the “Based on Crimes – Map”, click on the small arrow at the end of the “this dataset reflects” statement to bring up more information that describes factors that may influence the accuracy of the map.

Directions

Using the information from the scenario, compose a paper that analyzes predictive policing by addressing the following:

  1. Describe how predictive policing is demonstrated in the scenario above. In your description, be sure to address the following:
    1. What is predictive policing?
    2. How do crime maps support predictive policing efforts?
    3. What goals of predictive policing were achieved?
    4. What types of data were used?
    5. What factors were used to predict potential future criminal activities?
  2. Describe additional tools of predictive policing available to law enforcement beyond what is demonstrated in this scenario. In your description, be sure to address the following:
    1. What additional tools are available to law enforcement?
    2. How do they work?
    3. What types of data do they generate?
    4. What do they accomplish?
  3. Describe the pros and cons of predictive policing. In your description, be sure to address the following:
    1. What are the pros for police agencies and their communities?
    2. What are the cons for police agencies and their communities?
  4. Identify other technology platforms available that could assist police during this investigation.
    1. Identify multiple types of technologies and how they could be used.
  5. Describe any case law surrounding predictive policing relevant to the scenario. In your description, be sure to address the following:
    1. Where does case law limit the practice of predictive policing?
    2. What concerns are raised in current lawsuits surrounding predictive policing?
    3. Can bias be introduced into predictive policing?

What to Submit

To complete this assignment, you must submit the following:

Analyzing Predictive Policing Paper
Your paper should be 500 to 750 words in length using 12-point Times New Roman font, double spacing, and one-inch margins. Any sources should be cited according to APA style.

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Unit 5 IP Best Practices in Strategic Planning, Planning for Homeland Security and Emergency Management. HLS 430 RL

Unit 5 – Individual Project

Running head: BEST PRACTICES IN STRATEGIC PLANNING

Deliverable Length: 1,500–2,750 words

Assignment Description

Your instructor has returned your Week 4 Individual Project Key Assignment, improve on your overall first submission or draft. Additionally, you have had the opportunity to perused and analyzed your Key Assignment.

Below is the first submission of the Unit -4 Individual Project that needs to be worked on

Introduction

Strategic planning is the most challenging exercise in an organization. Strategic planning enhances an organization’s decision-making and how to gain a competitive advantage over other companies. A strategic plan depends on an organization’s vision, mission, goals, and existing structure. A strategic plan gives way to an organization on how to handle different situations to achieve its goals. A well-written strategic plan embodies a vision of the organization, the strengths and weaknesses, opportunities and threats, individuals responsible for the change, and the financial resources needed to achieve an organization’s goals. The whole organization should be involved in fulfilling the strategic objectives of that particular organization (Verardo, 2019). The managers and the subordinates should embrace a strategic plan for the organization to remain relevant. The discipline for which the strategic management is developed is emergency management department.

Agencies of the Strategic Management Planning Group

The stakeholders play critical roles in strategic management and planning. Some facilitators ensure the strategic management and planning process if followed to the latter. Some individuals provide opinions about the plan. Finally, the decision-making individuals use the available data to come up with the right decision for the company. The stakeholders have different roles which they participate in for the success of the company. The stakeholders include; executive director, board of directors, staff, clients, funders, community leaders, competitors, and collaborators.

  • The executive director- is the chief planner of the entire strategic planning process. The executive director brings the staff and the planning committee on the same road to the strategic planning process. He/ she can write the strategic plan or execute the responsibilities to someone else. The sole obligation of an executive director is to ensure the implementation of the project.
  • Board of Directors- the board of directors approves the final strategic plan through a good planning process. Their primary responsibility is to provide the resources for the planning process. They set priorities and goals for the company.
  • Staff – a company’s staff are people who are professionals in different fields within the company (Stephen et al., 2017). The staff is familiar with the clients and what their clients’ needs are. The primary responsibility of the staff is to ensure strategic goals and priorities are achieved daily. They collect market data about their clients and provide the information to the project manager, who will develop long-term objectives for the success of the operational plan.
  • Clients – the sole purpose of the existence of different organizations is to provide a better living standard for the people of the society. For instance, a non-governmental organization helps feed the hungry, gives the homeless a place to stay, and enriches the cultural life of the people. Involvement of the previous and the recent clients in a strategic plan provides positive insights for an effective strategic plan. Therefore, the client representative needs to be involved in the planning committee.
  • Funders are individuals or companies who may want to lend a lending hand in a specific community project. The project funders should be involved in the strategic planning committee to know how their funds are going to be invested.
  • Community leaders – community leaders offer valuable information about the organization’s strengths and point out what should be looked at for improvement. The community leaders also give insights on the needs of the society to the organization. Community leaders should be involved in the planning process to build the community through the organization.
  • Competitors – companies should involve competitors in their planning process to gain positive insights from their competitors and give competitors an environment for better assessment (Stephen et al., 2017). Also, companies might gain potential collaboration from their competitors.

Identification of the Goals and Objectives.

This is the planning overview process where the vision, mission, strategies, objectives, and company goals are defined. The planning overview process describes the strategic considerations that need to be undertaken to succeed in the strategic plan (Stephen et al., 2017). A well-defined strategic plan consists of a vision. Mission, objectives, strategies, and the action plan lead to a clear strategic plan.

  • Vision Statement- a vision statement of the ideal conditions of the organization. The vision statement should address the challenges that face the community. For instance, in a challenging flu season, the group in charge of the vision statement should use phrases such as ‘healthy community, ‘good health for all, ‘Healthy Living,’ and ‘Active Society.’ An effective vision statement should: a) be equally shared by the whole community, b) uplift the community members involved in the planning effort, and c) it should be easy to communicate.
  • Mission Statement – The mission statement briefly describes what a group is planning to do and why they should do what they are supposed to do. The mission statement must be a community-based intervention program that will reduce the adverse incidences reported in the community. The mission statement should be a) concise and straight to the point, b) be outcome-oriented, and c) inclusive.
  • Objectives – Objectives are specific, measurable positive outcomes from a project. The objectives should address a) the behavioral outcomes from the problematic flu season, b) related community outcomes, and c) the key elements in the planning process, such as a plan to curb the problematic flu among communities and the measures to be taken (Stephen et al., 2017). The objectives should have a time frame for the change to happen.
  • Strategies – strategies refer to the mode of action to be undertaken for the implementation to be conducted. Examples of techniques to be undertaken include; building coalitions from member groups, advocating for new projects and policies, organizing teamwork building, and modifying access to the community products and services. Community groups can use various strategies to fulfill the objectives of the group.
  • Action plans – action plans describe ways to be implemented for the attainment of the group’s objectives. Action plans should indicate how to be undertaken, define the suitable agents, the time frame, and the resources needed for the project.

Assessment of the Environment Using SWOT Analysis

The SWOT analysis is the analysis of strengths, weaknesses, opportunities, and threats within the environment. SWOT analysis is the primary strategic management planning tool that uses qualitative and quantitative data in the analysis (Stephen et al., 2017). The strengths and weaknesses are the internal factors that affect the environment, while the opportunities ad threats are the external forces.

  • Internal assessment – strengths and weaknesses. When assessing internal factors, it is essential to benchmark the quality of a project and its efficiency. Like in the case of a challenging flu season, it is possible to investigate the physicians, hospital administrators, and the patient to find more information about the flu season and the ways medics are handling the situation (Stephen et al., 2017). Qualitative data should be gathered from the physicians and the staff, who might see the strengths and weaknesses of practice within their environment. Therefore, it is essential to collect information earlier before a scheduled meeting is planned. The information received is then reviewed and discussed in the strategic planning committee.
  • External Assessment – opportunities and threats. In this step, factors such as demographics, referral patterns, competition, and economic trends are looked at to determine whether they fall under the opportunities or threats. The larger health environment, such as the health care system, should be looked at through oncology market forces. The physicians should be involved in the latest oncology societies at both national and local levels. Monitoring the environment through various associations produces various advantages over the external environment.

Strategic Issues and Strategic Objectives

Strategic issues are the fundamental policies for an organization’s objectives and tactical actions. Strategic issues are defined by a) what the company is, b) what it does, and c) why it does what it does (Verardo, 2019). Identification of the strategic issues leads to the formulation of the strategic goals and strategic objectives. The strategic objectives should be selected from SWOT analysis which will advance the purposes of the company. The strategic objectives should be SMART.

S for specific. The strategic objectives should avoid differing interpretations.

M for measurable. The strategic objectives should be measurable for easy monitoring and evaluation.

A for appropriate where they should be specific to the problems, goals, and the result.

R for realistic where they should be easily achievable and meaningful.

T for time-bound where strategic objectives should have time frames for easy completion.

The best strategic plan integrates a financial planning system for the sustainability of the strategic objectives. Good strategic plans highlight the best approaches to the targeted resources. Tactical financial plans should include a) the list of activities to take place and b) financial resources required.

Evaluating Strategic Approaches

At this stage, the organization identifies the different strategic choices within the organization (Verardo, 2019). A rule of thumb is used to determine the most effective strategy for the organization. It develops three of the strategic decisions and discusses the advantages and disadvantages of each choice before settling on one of the choices. There are various strategies, including financial techniques, program service strategies, and fund-raising strategies.

  • Financial strategies involve different strategies for funding within the resources of the company. The economic process includes surplus maximization, revenue maximization, full cost recovery, and partial cost recovery.
  • Program Service Strategies include maximum utilization of the available clients. These strategies include usage maximization, usage targeting, and producer satisfaction maximization.
  • Fund-Raising maximization includes various revenue collection methods such as fees for service, new revenue, legitimation, and reduction.

Resource Management

Resource management refers to the deployment of a company’s resources at the time of need. The best method for allocating resources is functional versus cross-functional allocation. Resource management is the main factor in resource estimation and the management of project human resources. The various resources available in project management include financial resources, human resources, inventory resources, production resources, and information technology resources. The essential resource among the project resources is human resources.

SAMPLE OF MOA EMERGENCY FUNDING FORM

Memorandum of Agreement (MOA)

BETWEEN

Department of Health and Hospitals,

AND

EMS PROVIDER NAME:_____________________________________________

EMS Providers receiving HHS Emergency Preparedness Grant Funds must enter into a

Memorandum of Agreement with the Department of Health and Hospitals to provide ambulances, air medical transportation, personnel, and equipment in response to a public health emergency.This document is a binding contract as well as a guideline for operations.

I. INTRODUCTION:There is a recognizable need to coordinate EMS Operations in the event of a natural or man‐made disaster or a terrorist attack on the United States, including Louisiana.Agreements for the provision of on‐scene triage, medical care, transportation of patients and evacuees to and from residences and/or treatment facilities will be adopted by the Department of Health and Hospitals (DHH and Emergency Medical Services (EMS) Providers.

II.EMERGENCY FUNDING:

It is agreed that EMS Provider:________________________________in DHH Region __ will provide medical support to the Department of Health and Hospitals in the form of First Responders, EMTs, Paramedics, and the necessary equipment including ambulances and transportation vehicles at the site of disaster and/or public health emergency.

III. PROCEDURE

1. Enhance patient/evacuee triage, medical treatment, transport, and transfer of care during emergencies and disasters.

2. Reduce the likelihood of death, injury, and/or illness and their related effects to response personnel, victims, and bystanders.

VI. POLICY

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1. EMS members should be a Certified First Responder, EMT‐Basic, EMT‐ Intermediate, or EMT‐Paramedic and will be required to maintain current certification through the National Registry of EMTs and DHH BEMS.

2. Training and qualifications are the ultimate responsibility of each EMS Provider despite training offered by the DHH Bureau of Emergency Medical Services.

The principles and policies of this memorandum of agreement are hereby understood and agreed upon by the Department of Health and Hospitals and EMS Provider indicated below. This will amend any previous MOU/MOA and will remain in effect from the date of the signature by both parties unless modified by the Department of Health and Hospitals by written notice to the EMS Provider.

__________________________ ____________________

DHH REPRESENTATIVEDATE

__________________________ ____________________

EMS PROVIDER DATE

SAMPLE OF POLICY

DETAILED FINANCIAL PLAN FOR EMERGENCY MANAGEMENT

References

Kawata, P. A. (n.d.). STRATEGIC PLANNING. National Minority AIDS Council .

Stephen B. Fawcett, K. J.-A. (, 2017). Reducing Risk for Chronic Disease: An Action Planning Guide for Community-Based Initiatives.

Verardo, D. (2019). “Managing the Strategic Planning Process.

Assignment Guidelines:

Review the above Unit 4 Individual Project and complete the following:

  • Revise and amend your Week 4 Key Assignment following the task.
  • Add a scenario-based planning component to your strategic plan that addresses a public health issue involving a pandemic response.
    • An example that may prove to be helpful was the H1N1 flu outbreak.
    • These types of public health events will require future planning by government agencies.
    • Use this assignment to build a scenario that could affect your agency.
  • Be sure to reference all of your sources using APA style.
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film and music

Search the intenet for a film/movie where there was a legal dispute. I am allowing for a broad range of legal disputes. Some examples of legal disputes may be: dispute over original idea credits or writing credits. You can also write about contact disputes between producers. Please do not write about music copyright in film- we’ve covered that in a different chapter.

1. Tell me the name of the movie and describe the dispute.

2. Was the dispute resolved in court of was it settled out of court?

3. What was the resolution?

4. Do you think that either party could have avoided the legal dispute? How? (Think about what we have learned in the this chapter as well as chapter on contracts to see if you can come up with a way the parties could have avoided their problems.)

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