Exerci: Drafting a Professional Legal Client Letter Due Date: September 14, 2009 Application: Professional writing and critical legal analytical skills Materials: China Daily article / hypothetical facts / IRAC format / Writing template Assignment: Using the information below, create no longer than a 1 page legal letter to the CEO of Green Apple. |
Court launches website showing who hasn't paid By Xie Chuanjiao (China Daily) Updated: 2009-03-31 14:47 A new website will allow the public to find out who has failed to pay up after losing civil cas in court. The new rvice lists more than 5.24 million verdicts handed down by 3,484 courts. In 1.44 million of tho cas the verdicts have yet to be carried out, said Jiang Bixin, vice-president of the Supreme People's Court (SPC). "Figures suggest the number of civil and commercial cas that need to be forcibly carried out has been on the ri in recent years," Jiang said. The public can log on to and arch individuals and groups to e if they have any pending obligations from civil court rulings nationwide, Jiang told a press conference yesterday. Prior to the online rvice, members of the public who wanted to arch civil cas had to submit paper-bad enquiries to local courts. "An online platform is the most direct and effective method for the public to learn the results of court rulings nationwide," Ren Jin, a law professor with National School of Administration, told China Daily. An individual will face moral and mental pressure and even lo employment and economic opportunities for poor credibility if he or she fails to carry out a court ruling, Ren said. As the global financial crisis expands, it becomes more important to establish a system of credibility to prevent and resolve social and economic cris of all kinds, Ren said. The online platform will help lower risks of market management and solve problems from the start, Ren added. The failure of the courts to enforce verdicts on civil cas has been a significant challenge for the country's judicial system, with many litigants posssing limited awareness of legal proceedings and refusing to fulfill their legal obligations, Jiang said. "The fundamental reasons lie in the lack of a deterrence," Jiang said. "Tho refusing to comply with court rulings should face heavier costs in their morality, creditability and property than the costs of an enforcement." The website is a prelude to a systematic improvement of the enforcement of court rulings nationwide. Further cooperation with ctors of banking, industry and commerce registration, exit and entry departments and property management departments to jointly crack down against violators are in the pipeline, Jiang said. Tho failing to complete court rulings will not get loans, have their business registered or be able to leave the country, Jiang said.继续游 "Such a joint deterrent system in the future will unite all social forces to impo sanctions on the violators, helping establish an effective credibility system," Jiang added. As there are many details yet to be worked out, such as how to restrict the litigants and how to remove restrictions after an effective enforcement, there is not a specific timetable for a formal operation of the joint deterrent system, according to Huang Nian, an official with SPC's court ruling enforcement bureau. |
Hypothetical Facts: You are the attorney for Green Apple Corp. which has been ordered by the court to pay 1,000,000 rmb for a breach of contract. They blame you for incompetence and blame the court for unfairness in its decision and are unwilling to pay. Green Apple’s headquarter and the majority of their business is in Hong Kong. They want to know their legal options and conquences if they do not pay. On the next blank page, using the article and below information, plea create a legal letter to Green Apple’s CEO addressing Green Apple Corp.’s above concerns. Green Apple Corp. Blue Apple Inc. v. Green Apple Corp. 123 Baozi Lu, Floor #16 Beijing Superior Court, Ca No. 423 Beijing, China 555009 Verdict: For the Petitioner (Blue Apple Inc.) CEO: Frank Whittleman Verdict Date: August 1, 2009 Damages Awarded: 1,000,000 rmb to be paid in full no later than August 1, 2010 |
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儿童自行车怎么选>捷径是什么意思IRAC: Legal Analysis and Writing Format: I - Issue (What are the client’s concerns and what do they want?) 1st ¶ R – Rule (What are the laws, court rules and/or administrative procedures that specifically affect the client’s concerns?) 2nd ¶ 矫捷的近义词A – Analysis (Apply the law or rule to the client’s concerns, analyze the outcome as related to the client’s concerns.) 3rd ¶ C – Conclusion (What is your legal decision as to what action your client should take?) 4th ¶ |
Writing Template Example ONLY: Chiu and Year 3 Law Firm Address: 123 Big Road, Jinan, China Phone: 123-4256-9332 August 8, 2009 Micropower Corp. Johnny Lu, President 35 Engle Road, Building #3 Anywhere, U.S.A. 55423 Re: Sally Reynolds July 7th Meeting Dear Mr. Lu: In our last meeting, you wanted to know whether you will be legally liable for firing Sally becau she is 70 years old. Employment law in the U.S. only makes you legally liable for elder discrimination IF you have a contractual employer-employee relationship. You can, however, terminate any employee for any reason if they are an “at-will” employee. Since you hired Sally as an “at-will” employee and without an employee contract, you can fire her for any reason and without cau. Some may question the practical and ethical outcome of you terminating Sally simply becau she is older. However, as the boss, you can make your own business decision regarding Sally’s status in your company without fear of legal liability or legal action being taken against you. Plea feel free to contact me if you have any further questions regarding this matter. 十二星座配对 Respectfully, Arthur Chiu, Esq. Cc: Year 3 law students |
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