Premium Essay

Case Law Analysis

In: Business and Management

Submitted By bthalbert4
Words 710
Pages 3
u01a1 – Case Law Analysis: Judicial Concepts
Student: Beatriz T. Halbert
Instructor: Professor Melvin Landry
Quarter: Fall 2013
Course: BUS3021

I selected U.S. Supreme Court (Court) case Commonwealth v. Continental Casualty, 393 U.S. 145 (1968) for my case law analysis on judicial concepts. The Court heard arguments on October 22, 1968. Mr. Justice Black delivered the opinion of the Court on November 18, 1968. The petitioner, Commonwealth Coatings, sued Continental Casualty, on the prime contractor’s bond to recover money due for a painting job. The contract between the prime contractor and the subcontractor included an arbitration provision. The petitioner selected an arbitrator, the prime contractor selected another arbitrator, and the two arbitrators selected a third. The third arbitrator was an engineering consultant who had provided occasional services to the prime contractor over a four to five year period. The prime contractor paid approximately $12,000 in fees to the individual during the referenced period. The petitioner challenged the arbitration award on the basis that the prime contractor failed to disclose this relationship until after the award. The Court of Appeals affirmed the District Court’s refusal to set aside the award (Commonwealth Coatings, 1968).
The Court held that arbitrators should disclose any dealings that might create the perception of bias. Since the prime contractor failed to disclose their relationship with the third arbitrator, the Court vacated the award of $12,000 in accordance with the United States Arbitration Act. The Act authorizes vacation of an award if it is “procured by corruption, fraud, or undue means” or “where here was evident partiality…in the arbitrators” (Commonwealth Coatings, 1968).
Mr. Justice Black delivered the opinion of the Court. He stated that the dispute in this case was

Similar Documents

Free Essay

Power and Influece

...discussing “case” materials in light of theoretical arguments advanced in “readings.” Case materials include standard Harvard Business School cases, book chapters about individuals (Robert Moses and Henry Kissinger), corporations (e.g., Lehman Brothers and Time Warner), and industries (e.g., the auto industry), and in-class videos (e.g., a “Bill Moyer’s Journal” segment on David Rockefeller). COURSE REQUIREMENTS Final course grades will be based on student performance on three written assignments and on student participation in class discussions. Written Assignments. Each student will be expected to submit two individual case analyses that indicate what the student learned from reading and discussing the case in question. The case analyses should be one single spaced typewritten page long and should be submitted the week after the case that they address is discussed in class. Individual case analyses will be graded on a scale from 1-3 and together will comprise 10% of a student’s final grade. Each student should also form a group with three to four other students to complete a case study of a real organization. The research for this case study can be carried out using primary sources (e.g., participation observation and/or interviews) or secondary sources (e.g., books, articles, or prepared cases about a target organization). Thus, group members need not have worked in an organization to use it as the subject of their final case analysis. Other case analysis topics...

Words: 1326 - Pages: 6

Free Essay

Jhdshjsh

...CASE STUDY The foreman catches two men fighting on the shop-floor. The fight is between Ramu and Gopi. Ramu had been fooling Gopi for some small matter. Gopi lost his temper and gave Ramu a poke. Ramu hit back. Both of them have had clean records in the past. QUESTIONS 1. Give a suitable title to the case. 2. What is the core issue in this case? 3. What is the Peculiarity of this case? 4. What are the strategic mistakes did by both Ramu & Gopi? 5. Should both men receive equal punishment? Or Should Gopi be punished more severely for starting the fight or Ramu for provoking it? Why? 6. What is the nature of punishment you will recommend? 7. Will you go for a formal enquiry or settle informally? Why? 8. What are your strategies to prevent aggravation of further tension between RAMU and GOPI? 9. What are the leanings from the case? Date: 3 March 2015 CASE ANALYSIS BY THE FACULTY (D.Mavoothu,Ph.D.) (Strictly for SMS Classrooms Only) Title: ROLE MODELS-TURNED ROGUE MODELS What is the core issue in this case? There is a moral Vs. legal dilemma that whether RAMU and GOPI should equally be punished? Peculiarity of the case? Normally, in any in disciplinary incident, there will be a culprit and a victim. But in this case both RAMU and GOPI were turned out to be culprits. Strategic Mistake by RAMU? * RAMU should have kept himself as a victim by not hitting back GOPI. RAMU will be in a better position if he maintained his...

Words: 1634 - Pages: 7

Premium Essay

Case Study of Pji

...------------------------------------------------- Philippine Journalists Inc. Case Study Submitted to: Mr. Jayson Imatong Submitted by: Pacdaan, Kriszel P. Submitted to: Mr. Jayson Imatong Submitted by: Pacdaan, Kriszel P. October 10, 2014 October 10, 2014 Executive Summary The Philippine Jour nalists Incorporated (PJI) is the publishing company for The Journal Group of Publications, namely: The Journal, People’s Journal, People’s BagongTaliba, People’s Journal Tonight, Women’s Journal Magazine, and The International Editions thereof. It was incorporated on October 20, 1972 shortly after declaration of Martial Law, with an authorized capital of P500, 000, consisting of 5, 000 common shares with par value of P100 each. From the original incorporators Eduardo Ongsiako, Ricardo Torres, Julie Yap Daza, Manuel Salak, Augusto Villanueza and Reynaldo Naval, it is now incorporated by the present stockholders namely Rosario Olivares and the 14 dummies or agents of Benjamin Romualdez, PCGG/National Government, Rosario Olivares and 8 dummies or agents of Benjamin Romualdez, Luisa Linsangan, and Capital City Realty Development Corporation. This case has been based on the point of view of the chairman of the board and chief executive officer of PJI (Sgd) Eduardo B. Olaguer that the privatization of the company from the standpoint of the government economic recovery should enjoy priority over the recovery of sequestered shares as ill-gotten wealth. As of March 31, 1988...

Words: 1146 - Pages: 5

Premium Essay

Cookie

...forms, key challenges to ethical decision-making, key success factors for a career in business, and the impact on, and the impact of, business on political, legal, social, cultural and economic environments. Methodology This class follows a lecture-discussion format. Students are expected to be prepared to discuss readings assigned for each class. With only limited time to meet during the semester, is it essential that students be prepared to engage, participate and contribute in each session. Lectures and readings will be supplemented by discussion, videos, and case studies, which apply concepts to real-world situations. Textbook, Other Materials and Course Web Site * Bissonette, G. 2012. Business: Strategy, Development, Application. Toronto: McGraw-Hill Ryerson (available electronically or at the University Bookstore). * The course home page (CLEW) will be used to distribute case materials, load course lessons, make announcements, and communicate your course evaluations. It is your responsibility to check the course home page regularly. * Reference materials for the Team...

Words: 4348 - Pages: 18

Premium Essay

Unequal and Equal Supervisor

...Case: Unequal-Equal Supervisors Questions 1. How have the inaccurate performance ratings created more problems? The inaccurate performance rating created an ethical dilemma for Hubert Johnson. Rating both employees the same even though one is more capable can lead him to making the wrong decision when retaining one supervisor for the job. This in turn can cause adverse consequences for the company. For instance, it’s quite clear that Neil will be the appropriate choice to help lead the company reach its goals. But since the company requires the person with most seniority receives priority, Hubert should retain Harriet, not Neil. The company at this point needs efficient leader like Neil to help gain sales back, but due to Hubert’s inaccurate decision regarding performance rating he might have to keep Harriet which might affect the productivity levels of the organization. 2. What HR and legal issues could be raised in this case? The documentation raises questions about the fairness of the evaluation system. As noted in the text, if any part of the appraisal process fails, better-performing employees may not receive larger pay increases, and the result in perceived inequity in compensation. Accurate evaluations can provide justification for actions such as, termination or demotion should they be necessary. Either employee can file a lawsuit against the company. 3. What course of action would you recommend that Hubert take? Explain your rationale for taking this...

Words: 444 - Pages: 2

Premium Essay

New Year Eve

...Case Analysis: THE NEW YEAR’S EVE CRISIS . 1. About how to tell the restaurant not to serve the food or to change the cooking standard at the late hour . B . Its an issue because of they have to take in to consideration the effect of what their decision will bring to the new company because they don’t want to loose there customers. C. This issue concerns some areas on ethical concepts because ...Mike was thinking about the larger number not just himself(utilitarianism), also the consumer safety is important ,fairness and dignity is important. 2. The first facts of the case is that the seafood stuffed pasta shells has been shipped to the biggest customer and they were tainted with salmonella. Another fact is that it’s a new year eve which is one of the biggest night in the year for restaurants. It was also obvious that the cultures of the two companies are different and the Management styles 3. This case shows that industry /professional code of ethics and also the law is important because there is a requirements for their products on how to be cooked and they maybe sanction by the FDA if anything goes wrong. 5. Presently according to the case the Mike and the managements staff has been harmed because of what he has invested and the major reason why he acquired the company at first . 6. Yes because it is important that you take your customer first and satisfy them with quality products and information. Mike’s moral stakes should outweigh...

Words: 776 - Pages: 4

Premium Essay

Xbox

...even if you do not have the formal authority to tell someone what to do? This course attempts to add to your understanding of life in complex organizations by covering topics including, leveraging culture to reach strategic objectives, motivating and rewarding desired behavior, designing organizations to fit with strategic objectives, selecting the appropriate leadership style to motivate others to perform, and using power and influence effectively. My approach will be managerial, focusing on the processes necessary to organize, motivate, and lead people engaged in collective activities. The emphasis will be on the development of concepts and strategies that may help you to be an effective manager. To accomplish these ends, readings, cases, and videos will be used to introduce you to frameworks from the social sciences that are useful for understanding organizational...

Words: 11308 - Pages: 46

Premium Essay

Ob, Arctic Minings Consultants, Case Study

...ARCTIC MINING CONSULTANTS Case Synopsis Arctic Mining Consultants is a mining company that deals with mineral exploration. In this case study, the project given is staking 15 claims in Eagle Lake, Alaska. The project Manager was Tom Parker, who has a wide experience and specialized knowledge in all nontechnical aspects of mineral exploration. He is a geological field technician and field coordinator for Arctic Mining Consultants. He assigned his previous field assistants John Talbot, Greg Boyce and Brian Millar to help him complete the project. The job required them to stake at least 7 lengths each day in order to be completed on time. However, the whole team has became very tense and agitated, especially Tom Parker, as the deadline was just around the corner and there’s still many to be finished within the limited time. The problem became worse with the way Tom managed and treated his team. The only motivation to the team was the $300 bonuses promised by the company when the job is done on time, otherwise, they might wished to give up already. This happened because working as a field assistant and in long-working hours only giving them low wages, which is considered unreasonable compared to what they have to do. During the eight hard days, everything had actually proved the strengths and weaknesses of each of the team members, including Tom. Case analysis symptoms 1) What symptom(s) exist in this case to suggest that something has gone wrong? The symptom(s) to suggest...

Words: 2346 - Pages: 10

Premium Essay

Imp Case Analysis

...1. Would a TNA be needed in this situation? Why or why not? If yes, who would you want to talk to? Training Needs Analysis is a formal process required for the purpose of identifying the training gap that is in existence and its related training need. Considering the IMP case analysis, training needs analysis is required since there are different sectors within the organization which require an individual to possess the necessary skills to perform the expected work within that department. In addition, training is also offered to people working within the ‘different sectors’ in that organization despite the fact that equality is not displayed while offering that form of training. Talking to the HR manager at North America International Airport’s about training needs analysis is a good idea since the HR manager is the one with the authority over the individual’s directly concerned with training such as Mr. Pettipas. 2. Based on the case as presented above, what KSAs need to be trained? From the case analysis at IMP, it is evident that there are several knowledge, skills and abilities that have to be addressed during training to all the employees within those departments. Leadership skills need to be addressed since the HR was not able to assist Ms. Dillman in her case which portrayed that he lacked the leadership skills. Technician skills required for the metal sheet shop needs to be trained since Ms. Dillman lacked knowledge on the requirement of a metal sheet shop technician...

Words: 733 - Pages: 3

Premium Essay

Craddock Cup

...✓ Materials Needed Performance Measurement & Control Systems for Implementing Strategy: Text and Cases, by Simons, Robert. Prentice Hall, ISBN #0-13-234006-2 Cases in Management Accounting & Control Systems 4th Edition, by Allen, Brownlee, Haskins and Lynch, Pearson-Prentice Hall, ISBN #0-13-570425-1 Freakonomics: A Rouge Economist Explores the Hidden Side of Everything, by Steven D. Levitt and Stephen J. Dubner, Harper Collins, ISBN#0-06-073132-X ✓ University Communication with Students All email communication from the University is sent to the student’s wsu.edu address. Please be sure that you have set up the link to forward your personal email address (aol, hotmail, etc.) or you will miss announcements and information that is very important to you. This is the email I use to contact you regarding class matters. If you change your email address, be sure to update again. ✓ Catalog Course Description with Prerequisitites 3credits: Managerial evaluation of budgeting, cost accounting, and financial analysis techniques; their utilization in control of operations. (pre-requisite acctg 550 or equivalent). Please note that pre-requisites are strictly enforced and that students will be disenrolled if they do not have course pre-requisites). ✓ Instructor Course Objectives Knowledge and Skill Expectations: Students should have the knowledge and skill level to record economic events, read and analyze financial information through the topic areas covered...

Words: 3504 - Pages: 15

Free Essay

Ritz-Carlton Case

...Title Page Course – MKTG 6300 Fall 2007 Service Marketing Student Name: Maria E. Kobayashi Individual Case Analysis Individual Case Summary: Ritz – Carlton Hotels 1. Key issues Ritz – Carlton (RC) wants to be perceived as the premier luxury hotel, with differentiated and personalized service, high levels of guest retention and guest recovery rates, and low levels of service defect incidence. The group wants to achieve this goal by optimizing the balance between human relationships and the systems. Nevertheless, the systems and databases RC had in place at the time of the case do not deliver the level of information needed to reach their objective. Moreover, they do not allow for smooth interaction with the RC team, who are able to gather highly valuable information regarding customers’ preferences, dislikes, or potential problems experimented by the guests. 2. Recommendations First of all, the Encore system should be modified to include real-time updating of customers’ preferences and of potential problems the guests might have experimented during their stay. This should be standardized across all RC properties. Guest categorization should also be standardized and input into the system. This system should be available in a user-friendly way to any member of the RC staff in convenient locations. It should also include a common defect reporting module with the functionality to cross data between different locations. After all these processes...

Words: 382 - Pages: 2

Free Essay

Moto Case Analysis

...In the case, a man who goes by the name Moto is sent to Chicago to do business. Here his “responsibility was to hire a contracting company and check on the pricing details.” He works for an auto parts supplier, KKD, who had been researching American contracting companies for the past year and a half. They decided to use Allmack due to it having the best track record. Moto went to meet with a man who worked for the company and was shocked by his rudeness and unprofessional manner. He wasn’t prepared for this and had no idea what to think of it. Also, he was not so used to moving so quickly and rushing around. In America, people are very fast passed and try to get things done as quickly as possible. He presented Mr. Crowell with a gift and he just stated that his daughter would love it. When Crowell said this, Moto should have gone in to a discussion explaining what the dolls meant and the importance of them. This way he could have shown Crowell the value in the gift he was giving him and he would have taken back the comment about his daughter loving them. Throughout the case there are many differences that Moto is shocked by. One of these is the fact that he is used to being called by his last name. He was surprised when Crowell asked for his first name and began calling him by that instead. Also, he wanted proof that the Allmack group was actually as good as they say they are. He asked for records and one of the workers got offended and was wondering why he did not trust them...

Words: 415 - Pages: 2

Free Essay

469362181

...to time to write a good CAR. So, once you “get” the Big Picture of the Case, and recognize the major analysis elements (focal system(s), main problem/Alternatives, etc.): o focus on analyzing those Alternatives and coming up with some significant Findings, and especially Recommendations. o As your analysis results “solidify,” focus more and more on Writing a Good CAR and submitting by the Due Date! • Cases can contain more than 1 major “track” for their analysis, allowing for alternative versions of a CAR. So, do NOT simply imitate this Example CAR blindly for its “specific content.” Worse, DO NOT simply copy any of its parts. • Instead, use this Example CAR by way of “Reverse Engineering:” See how its contents arise logically if our Case Analysis Method (Guide) is applied to the Case. This will help you understand how our analysis method works! Then, use the same general analysis method (actually, the Approach) on the Case assigned for your CAR. • Don’t just imitate the pattern of alternative found here! Analyse and find out what alternatives make most sense in the particular Case you are working on. • No Case contains ALL the facts you want to know for its analysis. So, when analyzing Cases, be pragmatic! Do not worry about any facts beyond the Case (unless specifically instructed). Instead, conduct the “best possible” analysis using available Case-facts. • Leave Enough Time to Write a GOOD REPORT based on your...

Words: 1972 - Pages: 8

Free Essay

Ase Analysis Research – Striving for Best Academic Practice

...ZhiQing | Student ID No.: | 22012511 | Unit Code & Name: | MNG91002 | Campus: | MDIS | Tutor’s Name: | Frankie-Lim | Assignment No: | 1 | Assignment Title: | Case Analysis Research – Striving for Best Academic Practice | Word Count: | 1193 | Due Date: | 21 Apr 2014 | Date submitted: | 20 Apr 2014 | Declaration: I declare that this assignment is my own original work and has not been submitted for assessment elsewhere. I acknowledge and irrevocably agree that the assessor of this assignment may, for the purpose of assessing this assignment: * Reproduce this assignment and provide a copy to another member of faculty for review and comment, including whether the work is an original work; and/or * Provide a copy of this assignment to a plagiarism checking service for review so that it may determine whether the assignment is an original work. The checking service may retain a copy of the assignment on its database for the purpose of future plagiarism checking. I have read and understand the Rules relating to Awards (Rule 3.17) as contained in the University Handbook. I understand the penalties that apply for plagiarism and agree to be bound by these rules. CHEN ZHIQING 20 Apr 2014 Signature (please type) Date Tutor's comments: Paper Title: Case Analysis Research –...

Words: 1822 - Pages: 8

Premium Essay

Northco Case

...Northco Case Analysis Johannes Röder, 154BB14B 1. How should Michaels think about the costs of over and under-stocking? Identify the elements of over and under-stocking cost in this case. These two cost factors result from the lack of the ability to match supply with demand. The costs of overstocking depict the cost per unit that arise if actual demand is lower than the expected one. In this particular case the elements of overstocking are the orders of customers in advance without payment, the obsolescence of the goods owing to seasonally and frequently changing trends, the large number of variants and variety in fabrics as well as the requirement to order in considerable quantities. The costs of understocking show the loss of profit per unit if actual demand is higher than the quantity ordered. The components of understocking are the significant variation and the high uncertainty in demand, which lead to difficulties with the forecasts in the beginning of the season. Moreover, the fitting processes and managerial actions to avoid leftover inventory are influencing the understock. The shortcomings in delivery are substantially important in this special case, since the failure for one product could result in the loss of a whole account. With a relatively small customer base of 91 schools as well as the two largest clients representing 14 percent of the sales a loss of a customer would result in sharp decrease in profits. In addition, the defect of a...

Words: 546 - Pages: 3