Essay Questions
Question 1: (2000 words)
Select a jurisdiction in accordance with the instructions given in paragraphs E5-E7 of the Course Book. Your selected jurisdiction must not be on the black list unless it is specifically referred to on the white list. Identify which legal tradition or traditions (civil law, common law, Islamic law, East Asian law) your selected jurisdiction embodies. Justify your view. If your selected jurisdiction also embodies other legal traditions discussed in Glenn (ie. chthonic [chapter 3], Talmudic [chapter 4] or Hindu [chapter 8]), you should also discuss them. If your selected jurisdiction draws on legal traditions not discussed in Glenn (eg. Roman-Dutch law or Scandinavian law), you should discuss them as well. To what extent is Regionalisation evident in your selected jurisdiction? Justify your view. To what extent are Diasporas evident in your selected jurisdiction? Give examples where appropriate.
Question 2: (2000 words)
You are the Marketing Manager for an Information Technology (IT) corporation based in your selected jurisdiction, that has big plans to embrace the opportunities presented by Globalisation. The IT corporation manufactures and retails IT products that attempt to compete with Apple Inc. The IT corporation has developed an eMac, ePod, ePhone, and ePad etc. The Board of the IT corporation has identified huge target markets in the United States , European Union, Asia and the Middle East .
The Board has asked you to prepare for the next Board meeting by being in a position to outline what issues need to be considered in deciding to what extent the IT corporation can expect to expand into one of the identified target markets by negotiating standard terms contracts that largely favour the IT corporation, to be used with wholesalers and retailers in various countries within those target markets.
Choose a country that embraces a legal tradition that differs from the legal tradition embraced by your selected jurisdiction. Your chosen country must not be on the black list unless it is specifically referred to on the white list.
· Clearly identify your chosen country in your answer.
Using the private international law of your selected jurisdiction, outline how you can ensure that:
1. These contracts will be governed by the contract law of your selected jurisdiction; and
2. Any legal disputes arising under the contract will (to the extent that is possible) be dealt with in only the courts of your selected jurisdiction.
In choosing a country, you must ensure that your selected jurisdiction is being compared with either the common law (if your selected jurisdiction does not embrace the common law tradition) or the civil law (if your selected jurisdiction does not embrace the civil law tradition), but not both. If your selected jurisdiction does not embrace either the common law tradition or the civil law tradition, compare with only one of these.
Question 3: (500 words)
Does your selected jurisdiction recognise corporations that have (1) separate legal personality to its owners, and (2) limited liability for the owners of the corporation? If so, how does it do this? If not, what is the major form of business organisation recognised in your selected jurisdiction?
As you discuss this, compare briefly with either the common law tradition (if your selected jurisdiction does not embrace the common law tradition) or with the civil law tradition (if your selected jurisdiction does not embrace the civil law tradition), but not both. If your selected jurisdiction does not embrace either the common law tradition or the civil law tradition, compare with only one of these.
