Corporate Law Assignment Example | Topics and Well Written Essays - 2000 words

Corporate Law - Assignment Example The rights include voting during the election of the directors, amending corporate bylaws as well as articles of incorporation and participating in annual meetings associated with the stockholders. Besides, the other fundamental rights of the minority shareholders include voting on a few selected corporate events which include liquidation of the business entity, mergers or sale of assets, calling special meetings of the stockholders and scrutinizing the books, records as well as the lists of the shareholders. It is in this context that with the majority shareholders holding a strong position in a company, in frequent instances, disagreements between the majority and the minority shareholders have been identified in the modern business context. The disagreements have been mostly regarding the exclusion of the minority shareholders from management participation, disproportionate allocation of shares and withholding of dividends with profits among others (1). In this discussion, a detai led analysis of the problems concerned with the rights held by minority shareholders, playing vital role causing potential disagreements amid the members of both majority as well as minority shareholders, will be taken into concern. Moreover, the different statutory remedies which are available to the minority shareholders in order to deal with situations where the majority shareholders misuse their power or breach their duties will also be portrayed in the discussion. A Brief Analysis of the Scenario The minority shareholders are often acknowledged as institutional investors among different business entities who play a limited function in influencing the background of corporate governance construction. This is majorly due to the fact that the presence of the majority shareholders within a business firm owing the rights to partially control its decision making process often facilitates significant sources of conflicts affecting the interests of the minority shareholders (2). However , it is worth mentioning in this regard that the minority shareholders posses certain rights which may be accessible in accordance to any ‘state close corporation laws’. These rights generally include amending corporate by-laws, voting during the election of the directors and organizing as well as managing annual meetings related with the shareholders among others as mentioned in the articles of association and memorandum. Despite, it has often been observed that the minority shareholders or the institutional investors find it to be quite challenging to exercise the aforementioned rights in a smooth way witnessing minimum disruptions. This is simply because the majority shareholders tend to dominantly control the business operations as they bear large proportion or percentage of shares along with various decision making rights concerning the corporate governance structure of the particular entity. As the majority shareholders possess maximum quantity of shares (i.e. mor e than 50% of the total equity shares), it has been viewed that the interests of minority shareholders are being oppressed by several means. In this similar context, the different ways which contribute towards the oppression of the minority s

Criminal Justice Coursework Example | Topics and Well Written Essays - 750 words

Criminal Justice - Coursework Example There are three types of court jurisdiction that are Personal Jurisdiction, Territorial Jurisdiction and Subject Matter Jurisdiction: †¢ Personal Jurisdiction- A court has a personal jurisdiction over a person if that person has been personally served that is has accepted the service of court papers and also the defendant has some form of contact with the state in which the court is located (Berman, 1983, p. 530). †¢ Territorial Jurisdiction- A court is said to have territorial jurisdiction over an event or a person or persons, by virtue of the sovereign jurisdiction of that state over the land which falls within its boundary, which includes all its inland and territorial waters. Territorial jurisdiction of a court ensues from the authority of a court over a bounded space and over the people present there and the events taking place there (Berman, 1983, p. 222). †¢ Subject Matter Jurisdiction- Subject Matter Jurisdiction pertains to the authority of a court to hear over the cases of a specific type or the cases relating to a particular subject matter (Berman, 1983, p. 222). To decide on a case, a court must have Subject Matter Jurisdiction and one of Personal or Territorial Jurisdiction. ... ubjected to politically and commercially conducive confinements like workhouses, serving as galley slaves, or transportation to the colonies (King, 1984, p. 110). Like their European counterparts, the American colonists to begin with developed semblances of jails known as ‘gaols’ to detain the offenders awaiting trials (King, 1984, p. 110). These jails were simple and undefined in their architecture, involving no provisiosn to segregate the hardcore criminals from the petty offenders (King, 1984). The lighting, sanitation and amenities in these jails were pitiable, giving way to pestilence and a hell like environment. The jail architecture underwent immense change in the 2nd half of the 18th century under the influence of the European social reformers. The modernization of Prison architecture in the US began with the renovation of the Walnut Street Jail in Philadelphia in 1789 (Tappan, 1951, p. 276). The prison architecture of these times took care to create special cell s to segregate the petty offenders from the hardcore criminals. Care was taken to make the prison ambience more conducive and healthy by making proper arrangements for light and sanitation. By the earlyb19th century the prisons started to have well defined wings with central hubs (Tappan, 1951). The prisons started to have solitary confinement cells, garden areas and some sort of exercise and recreation area (Tappan, 1951). The management of prisoners started to get more humane and reformation oriented. 3. Discuss how the Gault & Winship Supreme Court Cases impacted the juvenile court system.   To begin with the issues pertaining to juvenile delinquency rarely got the attention of the US Supreme Court, until in the late 60s, the US Supreme Court decided on a wide range of landmark cases that had a