2.The act of selling goods at less than fair market value, typically for the purpose of injuring a competitor and gaining market share. 3.The selling of large amounts of a stock, or stocks in general, at whatever market prices are in effect. For example, investors might dump stocks on hearing of an outbreak of fighting in some part of the world. 4.The selling of a product in one market at an unusually low price while selling the same product at a significantly higher price in another market. For example, a firm may sell a product in its home market at a price covering all costs, and then sell the product in a foreign market at a significantly lower price, covering only variable costs. See also antidumping 5.The sale of goods of one nation in the markets of a second nation at less than the price charged within the first nation. Dumping can eliminate competitors by undercutting their prices 6.Selling goods or commodities in another country at prices that are substantially below the going market price. International trade regulations attempt to prevent dumping. Violations may be reported to the World Trade Organization. 7.Selling a large amount of securities in a market with no concern for what effect that is likely to have on the price or the product 8.The selling of large amounts of a stock or stocks in general at whatever market prices are in effect. For example, investors might dump stocks upon hearing of an outbreak of fighting in some part of the world. 9.The selling of a product in one market at an unusually low price while selling the same product at a significantly higher price in another market. For example, a firm may sell a product in its home market at a price covering all costs and then sell the product in a foreign market at a significantly lower price covering only variable costs
If a company exports a product at a price lower than the price it normally charges in its own home market, it is said to be "dumping" the product. Opinions differ as to whether or not such practice constitutes unfair competition, but many governments take action against dumping to protect domestic industry. The WTO agreement does not pass judgment. Its focus is on how governments can or cannot react to dumping — it disciplines anti-dumping actions, and it is often called the "anti-dumping agreement". (This focus only on the reaction to dumping contrasts with the approach of the subsidies and countervailing measures agreement.) The legal definitions are more precise, but broadly speaking, the WTO agreement allows governments to act against dumping where there is genuine ("material") injury to the competing domestic industry. To do so, the government has to show that dumping is taking place, calculate the extent of dumping (how much lower the export price is compared to the exporter’s home market price), and show that the dumping is causing injury or threatening to cause injury.
Dumping- Evolution of the term
It has long been customary to speak of one market as a ‗dumping ground‘ for the ―surplus‖ products of another market when the producers of the latter for any reason sell their commodities in the former at unusually low prices. From this usage it was a natural outcome to speak of selling in a distant market at reduced prices as ―dumping‖, but the word used in this sense appeared not to have entered into the literature of economics until the first years of the twentieth century. In 1903 and 1904, the tariff question was the dominant political issue in Great Britain, and in a huge output of polemical literature which marked the tariff controversy. The term became well established and appeared with or without apologetic quotation marks in book after book. The term ―dumping‖ has since found its way into the economic terminology of the French, German, Italian and probably other languages. Initially, it had a vague and uncertain meaning, and is still...
...decisions to charge people for committing crimes. Attorney General acts as a legal advisor to the Government. Relator Actions.
Chief State Solicitor acts on behalf of the state.
Judge applies the law and oversees the legal process in a court.
Solicitors offer legal services and represent clients.
Barristers represent clients.
5. Legalisation that was cited in the above case.
Road Traffic Act 1961, Section103 (15), Subsection (13), Subsection (4), Section 103(2) (a)
Section 103(7) (d), Courts Act (No. 3) 1986.
6. Proceedings in a court.
Court Proceedings are commenced by the issuing of a summons in a criminal case or by a bill in a civil case. Proceedings in a case would follow:
Jury sworn in (if applicable)
Arraignment of accused
Prosecution opening, followed by Defence opening.
Prosecution/Defence witnesses, examination in chief, cross examination, re-examination.
Requisition on charge
6. Evidence in the Court.
Mr Tully appealed an earlier decision from the district court to circuit on the grounds that he had not received the fixed penalty notice and that therefore his conviction was flawed.
Garda Moroney gave evidence that he forwarded details to have fixed penalty applied after he recorded Mr Tully exceeding the speed limit on 14/5/2008. He did not receive any notification that the notice was returned.
Mr Tully’s legal...
...market than the price charged in the domestic market. As dumping usually involves substantial export volumes of the product, it often has the effect of endangering the financial viability of manufacturers or producers of the product in the importing nation. Dumping is also a colloquial term that refers to the act of offloading a stock with little regard for its price.
In economics, "dumping" is any kind of predatory pricing, especially in the context of international trade. It occurs when manufacturers export a product to another country at a price either below the price charged in its home market, or in quantities that cannot be explained through normal market competition.
Dumping can force established domestic producers out of a market and lead to monopolistic positions by the exporting nation. For example, a glut of Chinese garlic exports in the mid 2000s forced many North American producers to switch crops and leave the market. When the price of Chinese garlic soared in 2009, the shuttered North American businesses were unable to quickly re-enter the local market due to barriers to entry.
1. Persistent dumping
2. Sporadic dumping
3. Predatory dumping
In international market some countries get command over some particular technology or technique of production. As a result such countries get monopoly over these goods or technologies. The special type of such...
...Legal Essay – Consumer Law
“Discuss whether the current law adequately protects consumers.”
A consumer can be defined as someone who buys the goods or services purchased for private use or consumption. The effectiveness of the law in protecting consumers has been effective but also non-effective because an assessment of its effectiveness can only be reached by a realisation of the development of consumer law in Australia. The legislation applies legal measures like laws such as the Trade Practices Act 1974 (cth), Consumer Protection Act 1969 (NSW) to help protect consumers. A wide variety of non-legal measures exist which aim to achieve justice for consumers. These include redress and remedies such as self-help and the media; however the legislation is quite ineffective in areas of consumer protection such as occupational licensing and contract rights.
One mechanism that protects consumers is the development of the Trade Practices Act 1974 (cth). These acts ensure the rights of consumers as well as fair trade, competition and accurate information in the marketplace. In the case ACCC v Target Australia Pty Ltd (2001) FCA, the Australian Competition and Consumer Commission (ACCC) took action against Target for misleading deceptive conducts from their target advertisement. Target was breached under the Trade Practices Act 1974 (Cth) which prohibits misleading and deceptive conduct. The ACCC took target to court and enforced its...
INNOVATIVE INTERNATIONAL COLLEGE
T1 – Definition of Law
What is the Law?
The Law of a particular state is the body of rules designed to regulate human conduct within that state. This can be defined clearly as an organised system of principles and rules designed to control and influence the conduct of individuals and groups. The aim of most legal systems, officially at least, is to provide a means of resolving conflicts in a fair and harmonious way. All legal systems are strongly influenced by the major forces that shaped the society in which they operate.
Consequently there are three types of rule:
Rules, which forbid certain types of behaviour under threat of penalty.
Rules, which require people to compensate others whom they injure in certain ways.
Rules, which specify what must be done in order certain types of human activity, example: to form a company, to marry, or to make a will.
Although it is inevitable that the courts will make some rules, Parliament is the sovereign body. It can therefore impose new rules or abolish any existing rules. The basic role of the courts is to interpret these rules, decide whether they have been broken and pass sentence or make an award of compensation.
Law and Morality
The law, which is enforced by the courts, must be distinguished from what is sometimes referred to as ‘natural’...
Legal Research Assignment-Legal Encyclopedias on page 77-78, Questions 1-4.
1. Answer the following questions concerning legal encyclopedias:
a. What are the names of the two most widely used national legal encyclopedias?
Corpus Juris Secundum and American Jurisprudence 2d
b. What are the common abbreviations for those names? C.J.S and Am.Jur
c. What is thelegal encyclopedia for your state?
Fl.Jur.2d - Florida Jurisprudence, Second Edition The encyclopedia provides narrative discussion of topics with references to specific cases and statutes in the footnotes
Legal Research Assignment-American Law Reports on pages 81, Questions 1-3.
a. What is the citation to the annotation discussing defendant’s initial sex offender classification under sex offender registration statutes?
b. What is the citation to the case on which the annotation was based? (Cite to regional reporter only.)
c. What is the purpose of sex offender registration statutes?
d. Does Internet publication of information concerning a registered sex offender following that person’s release from confinement and supervision violate that person’s privacy and liberty interests? Why or why not?
2. a. What is the citation to the annotation discussing the availability of...
...argument of purposive and social contract are discussed from extreme ends. – (but from a Locke perspective the line would be drawn that every person has a right to life.) He is defending See p 6
3. Assumption of the nature of law here is Positive – Natural Law – but he seems to sway towards mercy and purpose see pg 5 & 9
c. Tatting J
i) Are Tatting J's Criticisms of Foster J Compelling?
Compelling. He disagrees with the state of Nature argument
ii) Is the case so vexed that there is no legal answer? No, legally they broke a the commonwealth law of murder and the fact that 10 people risked their lives for the 5 explorers freedom.
Session II 1. Law & Philosophy
The philosophical legal debate in Australia, like for instance The Bill of Rights – we disagree about justice so much that the best we can do is give out opinions in the hope that the judges may sway with the communities opinion.
By making a bill of rights in writing is law
Aristotal – we are by nature political animals and that people are born into families
Naturally families congregate with in villages
Socraties – thought of Athens like is mother, could not abandon, says I could go to another city, but did not want to go, as a good city would not take a person who condemned him and a...
...park in Valdosta, Georgia. The plaintiff claims race discrimination and unlawful retaliation Under Title VII and U.S. Code Section 1981 based on the defendant’s grooming policy prohibiting dreadlock and cornrow hairstyles, the defendant’s failure to promote plaintiff to Guest Services Manager, and defendant’s decision to terminate plaintiff’s employment. The complaint of plaintiff moreover contains a claim for intentional infliction of emotional distress based on her manager saying her hairstyle was not being pretty, defendant’s failure to promote the plaintiff and decision to terminate her employment. The court’s finding that there is not sufficient evidence to support the claim. “Defendant’s Motion for Summary Judgment is granted.”
The legal principles
The plaintiff filed a charge against the defendant under Title VII and U.S. Code Section 1981. Title VII protects individuals against employment discrimination on the basis of race and color as well as national origin, sex, or religion. Section 1981 prohibits racial discrimination in the making and enforcement of private contracts. There are two theories of discrimination recognized under Title VII. Disparate treatment occurs when employee show different treatment based on the individual's protected group membership and specific evidence of discrimination against a specific individual. Intentional infliction of emotional distress: Must be extreme and outrageous, “utterly intolerable in a civilized...
...Legal Environment of Business
State of Oklahoma, )
v. ) Case No. 06-2323-02-NBA
Alexandra Anderson )
BRIEF IN REGARDS TO DEFENDANT KNOWINGLY RECEIvING STOLEN GOODS
FACTS OF THE CASE
On September 11th,2012 Alexandra Anderson made an appointment for September 15th, 2012 with the Apple Genius Bar at their Woodland Hills location in Tulsa, Oklahoma.
On September 15th Alexandra Anderson arrived at the Apple Store located at 021 S Memorial Dr. Tulsa, OK at 11 AM in accordance with her scheduled appointment.
Joseph Jackson greeted Alexandra Anderson at the door and escorted her to the Genius Bar for her appointment. While doing so he observed she was precariously carrying a Mac Pro, noting, “It seemed out of the ordinary to transport a Mac Pro without a proper case”.
Mark Grace was the Apple Genius that was scheduled to handle Alexandra’s appointment.
Mark worked through the scripted procedure of checking in Alexandra and the Mac Pro.
While checking in the Mac he asked Alexandra a series of basic questions about her computer and reason for the appointment.
Alexandra Anderson stated the reason for the appointment was to “wipe the computer clean and reset it to factory settings”
Upon checking in the Mac Pro Mark Grace discovered that the computer was registered to a male user from Oklahoma City.