Case Study Mazda Motor Corporation Marketing Essay

Case Study Mazda Motor Corporation Marketing Essay Mazda Motor Corporation is one of the worlds leading car manufacturers with the total net sales in 2009 reaching a whopping 2,535.9 billion Yen. Mazda Motor Corporation was established in Japan in 1920, under the name, Toyo Cork Kogyo. Initially only dealing with the manufacturing of car parts, they have ventured out to the producing of commercial trucks, eventually proceeding on to the manufacturing of cars, which it is widely known for nowadays. As times passes, Mazda Motor Corporations has since successfully ventured out of Japan, conquering other parts of the world including Mexico, Italy, Thailand just to name a few, as well as establishing Research and Development sites in countries like Germany, China, and the United States of America. Mazda Motor Corporation mainly cater to the needs of 2 different segments of consumers: Commercial consumers and Non-Commercial Consumers. Vehicles under the Mazda E-series and Mazda BT-50 cater for commercial purposes. Examples of vehicles that fall under the above categories include pick-ups, lorries and vans which are most commonly used by companies for transporting of goods and materials etc. On the other hand, Mazda also cater to non commercial consumers and their vehicles are designed specifically to satisfy 2 groups of consumers: Family PMET ( Professional, Managers, Executives and Technicians). Models such as Mazda 5 and Mazda 8 are MVPs (Multi Purpose Vehicles) which are well suited for large families while models like Mazda 3 Mazda 6 are the typical family sedans suitable for smaller families. On the other hand, models like Mazda RX-8 and Mazda MX-5 offer a more sporty look and may seem to appeal more to young working professionals or PMETS. Mazda 2 Mazda CX-7 are SUVs( Sports Utility Vehicles which are targeted towards sports enthusiasts. The head office of Mazda Motor Corporation is located at 3-1 Shinchi, Fuchu-Cho, Aki-gun, Hiroshima, with different branches located at various parts of Japan like Osaka, Tokyo, Yamaguchi and many more to allow provide easy accessibility to consumers. Mazda Motor Corporation has adopted a mixture of B2B (business to business), B2C (business to consumer) business model. The company has a wide range of products to cater to the needs of both commercial and non commercial consumers. By segmenting out their target consumers, Mazda will be able to spread out the risk of doing business should the sales in one market suffer. This strategy will also enable Mazda to reap the benefits of increasing its market share in both the commercial and non commercial segments. Purchasing Strategies Mazda Motor Corporation, despite being a car manufacturer, obtains their parts and materials from suppliers. The 3 main suppliers which they obtain essential parts includes: Kanto Yokokai (located in Kanto, Kansai and Tokai regions of Japan) and Nishi Nihon Yokokai (located in Chugoku, Shikoku and Kyushu regions of Japan). Mazda Motor Corporation obtains their necessary materials like plastic from Yoshinkai. However, the engines of all Mazda cars are manufactured by the company itself, instead of obtaining it from suppliers. Parts for the car like screws and nuts are obtained from multiple suppliers. This allows the company to have a wider variety of choices to choose from since they are not limited to only one supplier. This provides them with flexibility as well as more bargaining power, which will allow them to obtain their necessary materials at the cheapest possible price. However, the materials used in the car manufacturing process are obtained from only one supplier. Though there is only a single supplier for the materials, Mazda Motor Corporation is also able to obtain the materials needed at a suitable price. This is due to the fact that Mazda Motor Corporation has chosen Yoshinkai as their sole supplier for materials. This will allow them to have special benefits since the honour of being the sole supplier of materials is given to Yoshinkai. A few reasons why Mazda Motor Corporation has decided to buy the materials and parts instead of making it themselves is because of cost advantages, lack of expertise as well as the quality of the supplied items. If Mazda Motor Corporation, a car manufacturing company, were to venture into the production of their own required parts and materials, the company will not be focused on car manufacturing but on other areas like manufacturing of metal for example. This will be expensive for the company since they would have to spend more money to research on the steps needed to carry this out since there is a lack of knowledge in this area. Even if this research is a success and the company managed to produce the items needed, the quality may not be as good as that of which are obtained from their suppliers, who are more experienced. This may also cause Mazda Motor Corporation to lose their identity as a leading car manufacturer as consumers might be confused as to whether Mazda Motor Corporation is a car manufacturer or a manufacturer of materials and parts. There are certain areas which Mazda Motor Corporation looks out for while deciding which supplier to purchase their parts and materials for. These areas are quality of the delivered items, time for delivery of the materials and cost of these materials. All if not most companies operate for one common aim, which is to make profit. Mazda Motor Corporation is no exception. Thus, it is essential for the company to obtain the materials needed at the cheapest price available without compromising the quality of the materials. This will allow their budget to be lowered, which will eventually lead to a higher profit gain as compared to when the company purchase the same materials, with the same quality at a higher price. The time at which the materials are delivered is equally important as well. If the materials ordered are delivered late, this may lead to a delay of production, which may lead to a loss of profit for the company. In worse case scenarios, the company may have to compensate their customers if production is halted because of this delay. Mazda Motor Corporation also adopts the Make-To-Stock strategy for its operations. This is due to the fact that the company is churning out the same few models of cars in a huge volume. Thus, by adopting this strategy, the company is able to meets its production target and satisfaction of the majority of its customers can be guaranteed. The low manufacturing costs also allows the company to make a profit as well. However, the company also utilises the Make-To-Order Strategy. This can be seen in the customization option which Mazda Motor Corporation offers to customers who wishes to customize their cars. This provides a wider range of product options to customers and not limiting them to purchasing cars which are already made. Order Management Mazda Motor Corporation has showrooms located in its head office as well as in many other regions around the country, be it in Japan, where their main head office is located, or in other countries which Mazda Motor Corporation has ventured into. Interested customers can either walk-in to any of their showrooms, where a sales associate will assist them in choosing a suitable car for them, or an appointment can be made beforehand either through telephone or email. Once the customer has chosen their desired car, an order form will be filled in, which will be entered into their system later on. An invoice will then be issued to the customer. The order will be passed on the head office, where the staff will check with their records to see if there are still stock available. If not, they will check if production for that particular car has been scheduled. Otherwise, a delivery order will be given to the distribution centre where the car will be picked by the staff according to details on t he picking list. Transport will be arranged to deliver the car to the selected venue where the customer will collect it. This venue will either be at the warehouse, or the service centre since the showroom may not have enough space to store the cars. Mazda Motor Corporation, at the moment, only handles sales of its cars at their showroom and not through other channels like email or telephone calls. ordermanagement model .jpg Inventory Management Mazda Motor Corporation has developed its own inventory management system called the Mazda Materials Management Planning, also known as M3P in the auto industry. This system allows the company to have efficient control over its stocks and inventory levels, which in turn will allow the company to have increased efficiency in meeting demands in production level. Alongside with M3P, Mazda Motor Corporation has also utilised the point of sale system, also known widely as POS, to complement their self produced inventory management system. POS allows the automation of inventory control in a bid to increase the work efficiency of the staff to allow them to obtain all the information required so as to handle customers needs without much difficulty. In the long run, the high efficiency of the staff will allow the company to bring in more revenue since the company will have made a name for themselves due to their high work efficiency rate. M3P also allows the company to have better demand forecast. This will allow the company to predict and plan and schedule order of parts and materials needed so as to continue productions and ensure that there are no unexpected halt to production plans because of insufficient inventory levels. Delivery time can also be further enhanced through the utilisation of this system. In turn, this will help improve satisfaction in customers and allow Mazda Motor Corporation to build up its reputation of having an organized and well-planned system to manage both the companys as well as the customers needs. Operations Planning Mazda Motor Corporation carried out long-range operation planning with the assistance of M3P. M3P, when coupled with all the different statistics of inventory management, provides a rather accurate forecast which allows it to handle supply and demand to meet its various needs. This allows the company to have detailed demand forecasts of up to a year, which enables them to have proper planning of their production schedules. This will give the company to have sufficient time to resolve any issues which they might encounter in the areas of outsourcing of their materials, expansion of the company and other various aspects. With all the above carried out, Materials Requirement Planning (MRP) is also carried out thereafter. Mazda Motor Corporations plans all the different parts of the car which will be produced. This allows the company to have a schedule at which a particular car should be completed, together with all the materials needed and whether there is a need to order these materials should there not be enough in the inventory. By doing so, the company will be able to meet all, if not most of their sales order. Customer Relationship Management Like most companies, Mazda Motor Corporation takes great pride in building up a good relationship between customers and the company. The company itself sees a need to have a common understanding with its customers. This is one of the reasons why the company has come up with an approach to ensure customer satisfaction. [INSERT MAZDA FOUR PILLARS HERE] The company believe in providing different appealing products to customers. Quality of the product is also ensured in order to maintain the reputation of one of the leading car manufacturers in Japan. Efficient after-sales service is also provided to make sure that customers are being taken care of even after a purchase has been made. The company believes that by understanding the various needs and wants of their customers, the company will then be able to improve and make changes to better suit the customers needs. Mazda Motor Corporation is also open to comments and suggestions from its customers through its call centre. The call centre handles inquiries, complaints as well as suggestion from its customers. Besides through the call centre, customers are also able to provide their input through the Mazda Motor Corporation website on the Inquiries page. The company takes all these input seriously. By doing so, they are able to make changes to keep up with the customers needs. This in turn, will allow the customers to feel that the company is doing their best to serve the customers and ultimately, allow them to have a good impression of the company. Mazda Motor Corporation will then be able to ensure a never ending flow of customers, which allows more generation of profit for the company. Purchasing Strategies Mazda Motor Corporation purchases its parts from multiple suppliers, but only a single supplier for its materials. On the surface, this may not be a problem to the company as of now. However, with only a single supplier for its materials, Mazda may end up being on the losing end in the event if the supplier is to increase price in order to gain more profit, seeing that they are the only sole supplier of the materials. If such a situation happens, the company will have to raise their budget to accommodate the sudden hike in price, which will in turn reduce their total earnings. In worse cases, if the company is unable to come to terms with their supplier, productions will have to be halted and production schedules will be delayed. This will cause the company to be unable to meet the demands of customers and the company may have to pay a large sum of money as compensation. A sudden shortage of materials from its suppliers may also cause the company to put their production plans on halt since there are insufficient materials. Time will then be wasted in order to source for another supplier to obtain the necessary materials. To solve this problem, Mazda Motor Corporation can outsource for a second supplier for its materials. By having a second supplier, the company will have a backup option should they be unable to obtain their materials from one of its suppliers. This will also allow the company to have greater bargaining power to obtain the materials at a lower cost since there are now competitions between the two suppliers. Order Management Customers purchase of cars in Mazda Motor Corporation is done on-site, which means that all orders are handled in the show rooms of the company. Since no orders can be done online or through phone calls, the company will lose business to its competitors in the auto industry who may have started accepting orders online or via phone calls. This, in the long run, will cause the company to lose its reputable position as one of the leading car manufacturers in Japan and ultimately, reducing profits for the company. Thus, a solution can be devised to solve this problem. Firstly, the company adopt the idea of e-commerce by having an online order system. This allows customers to make purchases online, anywhere 24/7. With such an approach, the company will be updated with technology trends and yet carry out business at the same time, killing two birds with one stone. A user-friendly e-commerce website can be incorporated into the current website of the company. This will allow the company to have a website with multiple usability. Customers can view available products and if they are interested, make purchases online. With such convenience, customers satisfaction is sure to be guaranteed as they are able to buy their desire car through a hassle-free process. By implementing the above solution, Mazda Motor Corporation will be able to portray themselves as a company that is able to accept changes to satisfy customers needs and keep their reputation as one of the leading car manufacturers in Japan. Inventory Management As mentioned in earlier parts of the report, Mazda Motor Corporation utilises their own unique inventory system, M3P to handle its inventory. Though this system has been said to aid the company in controlling its inventory levels to meet production demands, it is not entirely perfect. The reason being, any program, no matter how good it is, will bound to fail at times. Since Mazda Motor Corporation relies heavily on M3P to handle its inventory, there will be major problems should the system were to malfunction at any one point of time. Inventory levels will then not be updated and the company may miscalculate its production schedules. This may cause all productions to be affected. Demands will also not be met and it will affect the entire operations of the company. Another reason is that inventory levels in the system may not be updated real-time. This is a serious issue to the staff of Mazda Motor Corporation, The staff will not be able to gauge accurately whether there is a need to replenish its stocks since the inventory levels is not accurate. This might then lead to a shortage in supply of stocks, affecting the operation of the company. One measure which the company can undertake would be to have sufficient safety stock at any one point of time. Thus, if M3P were to fail because of any unexpected errors at any one point of time, there will still be enough safety stocks to provide temporary relief if there should be any miscalculations of inventory levels due to the system fault. Operations Planning Mazda Motor Corporation, with the help of its inventory management system M3P, plans its operations on a long term basis. This, on the surface may look impressive as it portrays the image that the company is able to do this because of their great foresight. However, though plans may be carried out beforehand, there might be certain unexpected situations that may occur in between. For example, the company may undergo acquisition by other company for commercial purposes. This may result in major changes in operations of the company. Suppliers may not be willing to supply necessary resources to the company, which may affect productions and delivery of goods to customers. Late delivery of goods will not only cause the company to incur additional costs, it will also affect customer relationship and the companys reputation may also be at risk. This problem is not difficult to solve. Mazda Motor Corporation can still have long term planning done ahead of time with the forecast predicted through the usage of M3P. However, backup plans should be done alongside with all its future plans and schedules. This will allow the company to have different alternatives when they are faced with an unexpected situation or emergency. The company will thus be able to have well-planned schedules and not worry if any problems will affect its operations since they have backup plans for insurance. Customer Service Relation Having good relations with customers is one of the values which Mazda Motor Corporation possesses. This is why the company has set up a call centre with around 50 staff to respond to any calls with questions regarding various issues. An inquiry page has also been set up to allow customers to enter all their queries for an answer online, on the Mazda Motor Corporation homepage. However, there might be certain questions which may be complicated and the staff may take more time to respond to these questions. Though there may be similar questions asked before, not all staff members may be aware of these questions and the solutions to it. Thus, the response time may be reduced greatly and the work speed may not be as efficient as expected. It will also pose a problem should there not be enough staff to entertain queries from customers since there is only 50 staff to handle all this questions. Thus, besides adding on to the inquiry page on the homepage of Mazda Motor Corporation, the company can also make use of the latest social networking tools. One example would be the use of Facebook. The company interact with customers with this. Customers will also be able to inquire about certain things by posting a comment on the page. This way, if the staffs of Mazda Motor Corporation are unable to provide a response to the customer quickly, there might be other people who will be able to answer these questions. One advantage of this is that customers are able to connect with other customers and not only the company itself. This will allow them to exchange information needed and ease the burden on staffs handling these inquiries, though this does not mean that the staff will not be responding to any questions posed by customers. This form of connection between customers will allow experience to be shared among each other as well. Besides helping to improve customer relationship, social networking can be a way for Mazda Motor Corporation to provide updates to its customers. This can include events or promotions. Thus, this form of interaction will be beneficial in helping bridging the gap between customers and the company.

Judicial review

We repeat these answers here as a convenience to you. IA Judicial review The courts can decide whether the laws or actions of the legislative and executive branches of government are constitutional. The process for making this determination is judicial review.The doctrine of judicial review was established in 1803 when the United States Supreme Court decided Mammary . Madison. AAA Jurisdiction To hear a case, a court must have jurisdiction over the person against whom the suit is brought or over the property involved in the suit. The court must also have jurisdiction over the subject matter. Generally, courts apply a â€Å"sliding-scale† standard to determine when it is proper to exercise jurisdiction over a defendant whose only connection with the jurisdiction is the Internet. A Trial and appellate courts A trial court is a court in which a lawsuit begins, a trial takes place, and evidence is presented. An appellate court reviews the rulings of trial court, on appeal from a j udgment or order of the lower court. AAA Discovery Discovery is the process of obtaining information and evidence about a case from the other party or third parties. Discovery entails gaining access to witnesses, documents, records, and other types of evidence. Electronic discovery differs in its subject-?that is, e-media rather than traditional sources of information, such as paper documents. A Alternative dispute resolution The traditional method of resolving a legal dispute is through litigation. Alternative methods include negotiation, mediation, and arbitration. In negotiation, the parties attempt to settle their dispute informally without the involvement of a third party acting as mediator. In mediation, the parties attempt to come to an agreement with the assistance of a neutral third party, a mediator, who does not, however, make a decision in the dispute. In arbitration, a neutral third party or a panel of experts hears a dispute and renders a decision.Answers to Critical T hinking Questions in the Features Beyond Our Borders-?critical Thinking (Page 76) One of the arguments against allowing Shari courts in the United States is hat We would no longer have a common legal framework within our society. Do you agree or disagree? Why? Arguments in favor of allowing Shari courts-?or at least permitting the application of Shari principles in disputes in U. S. Courts or in alternative methods of dispute resolution-?include the legal and cultural principle of giving effect to agreements.If the parties to a dispute have agreed to a certain set of standards to govern their situation, those standards could be applied. This would not undercut our common legal framework, but reinforce it. Arguments against allowing Shari courts or reminisces in the United States would most likely center on the conflicts between Shari tribunals and standards and state or federal authority, governmental bodies, or law. Adapting the Law to the Online Environment-?critical Thinking (Pag e 83) How might a large company protect itself from allegations that it intentionally failed to preserve electronic data?A corporation might defend against charges of intentional destruction or loss of data by showing, for example, that the absence is due to the implementation of a policy to periodically purge electronic systems. Such charges might be avoided by not destroying he data but instead storing it. Questions in the Cases Case 3. 1 -?Critical Thinking (Page 69) Ethical Consideration Was it fair for the North Carolina courts to require a New Jersey company to litigate in North Carolina? Explain. Yes, it was fair to require Independence to litigate in North Carolina.The courts ruling did not offend â€Å"traditional notions of fair play and substantial justice† because Independence purposely availed itself of the privilege of doing business in North Carolina. Independence had engaged in numerous transactions with Southern for a year and had billed Southern for services in amounts totaling ore than $21,000. Therefore, Independence should have expected to be hailed into court in North Carolina in the event of a dispute. Case 3. 2-?What If the Facts Were Different? Page 73) Suppose Gucci had not presented evidence that the defendant made one actual sale through his Web site to a resident of the court's district (the private investigator). Would the court still have found that it had personal jurisdiction over Hugging? Why or why not? The single sale to a resident of the district, Gucci private investigator, helped the plaintiff establish that the defendant ‘s Web site was interactive and that the defendant used the Web tit to sell goods to residents in the court's district.It is possible that without proof of such a sale, the court would not have found that it had personal jurisdiction over the foreign defendant. The reason is that courts cannot exercise jurisdiction over foreign defendants unless they can show the defendants had minimum conta cts with the forum, such as by selling goods within the forum. Case 3. 3-?Critical Thinking (Page 90) gal Consideration How would business be affected if each state could pass a statute, like the one in Texas, allowing parties to void out-of-state arbitration?If all states could pass statutes like the one in Texas, many parties would probably be less inclined to transact business. An arbitration provision allows a party to limit the burden and expense of settling any disputes. If another party could freely void such an agreement, there would be a greater risk of arbitration in an inconvenient forum, costly formal litigation, or both. That risk increases the perceived costs of doing business, making the business opportunity less attractive. Thus, many parties may decline to enter contracts without enforceable arbitration provisions.Answers to Questions in the Reviewing Feature t the End of the Chapter IA. Federal jurisdiction The federal district court can exercise jurisdiction in th is case because the case involves diversity of citizenship. Diversity jurisdiction requires that the plaintiff and defendant be from different states and that the dollar amount of the controversy exceed $75,000. Here, Garner resides in Illinois, and Foreman and his manager live in Texas. Because the dispute involved the promotion of a series of boxing matches with George Foreman, the amount in controversy likely exceeded the required threshold amount. A. Original or appellate jurisdiction Original jurisdiction, because the case was initiated in that court and that is where the trial will take place. Courts having original jurisdiction are courts of the first instance, or trial courts-?that is courts in which lawsuits begin, trials take place, and evidence is presented. In the federal court system, the district courts are the trial courts, so the federal district court has original jurisdiction. AAA. Jurisdiction in Illinois No, because the defendants lacked minimum contacts with the state of Illinois.Because the defendants were located out of the state, the court would eave to determine whether they had sufficient contacts with the State for the Illinois to exercise jurisdiction based on a long arm statute. Here, the defendants never came to Illinois, and the contract that they are alleged to have breached was not formed in Illinois. Thus, it is unlikely that an Illinois state court would find that sufficient minimum contacts existed to exercise AAA. Jurisdiction in Nevada Yes, because the defendants met with Garner and formed a contract in the state of Nevada.A state can exercise jurisdiction over out-of-state defendants under a long arm statute if the defendants had sufficient contacts with the State. Here, the parties met and negotiated their contract in Nevada, and a court would likely hold that these activities were sufficient to justify a Nevada courts exercising personal jurisdiction. Answer to Debate This Question in the Reviewing Feature at the End of the Chapter In this age of the Internet, when people communicate via e-mail, tweets, Backbone, and Keep, is the concept of jurisdiction losing its meaning?Many believe that yes, the idea of determining jurisdiction based on individuals' and companies' physical locations no longer has much meaning. Increasingly, entrants are formed via online communications. Does it matter where one Of the parties has a physical presence? Does it matter where the e-mail server or Web page server is located? Probably not. In contrast, in one sense, jurisdiction still has to be decided when conflicts arise. Slowly, but ever so surely, courts are developing rules to determine where jurisdiction lies when one or both parties used online systems to sell or buy goods or services.In the final analysis, a specific court in a specific physical location has to try each case. Answers to Issue Spotters in the Example Feature at the End of the Chapter IA Sue contracts with Tom to deliver a quantity of computers to Cue's Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. Fifth dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case?Explain. Yes. Submission of the dispute to mediation or nonbinding arbitration is mandatory, but compliance with the decision Of the mediator or arbitrator is voluntary. A At the trial, after Sue calls her witnesses, offers her evidence, and otherwise presents her side of the case, Tom has at least two choices between courses of actions. Tom can call his first witness. What else might he do? Tom could file a motion for a directed verdict. This motion asks the judge to direct a verdict for Tom on the ground that Sue presented no evidence that would justify granting Jan relief.The judge grants the motion if there is insufficient evidence to raise an issue of fact. Answers to Questions and Case Problems Business Scenarios and Case Problems 3-1 A Standing to sue (BELT page 73) This problem concerns standing to sue. As you read in the chapter, to have standing to sue, a party must have a legally protected, tangible interest at stake. The party must show that he or she has been injured, or is likely to be injured, by the actions of the party that he or she seeks to sue. In this problem, the issue is whether the Turns had been injured, or were likely to be injured, by the county's landfill operations.Clearly, one could argue that the injuries that the Turns complained of directly resulted from the county's violations of environmental laws while operating the landfill. The Turns ivied directly across from the landfill, and they were experiencing the specific types of harms (fires, scavenger problems, groundwater contamination) that those laws were enacted to address. Thus, the Turns would have st anding to bring their suit. 3-?AAA Question with Sample Answer-?jurisdiction Marry can bring suit in all three courts. The trucking firm did business in Florida, and the accident occurred there.Thus, the state of Florida would have jurisdiction over the defendant. Because the firm was headquartered in Georgia and had its principal place of business in that state, Marry could also sue in a Georgia court. Finally, because the amount in controversy exceeds $75,000, the suit could be brought in federal court on the basis of diversity of citizenship. 3-AAA Discovery (BITE pages 81-82) Under the work-product rule, attorneys are allowed to protect information that they have gathered as a result of their own skill and diligence.For example, an attorney for a party involved in an auto accident can go out to the scene of the accident and observe the fact that there is a stop sign missing without being under any obligation to divulge such information to his opponent in the lawsuit. Similarly, an attorney who discovers a recently ecocide case decision supporting his or her theory is under no obligation to share this discovery with the opposing attorney. If attorneys had to share everything, they would be less inclined to expend efforts on behalf of their clients because, in essence, they would be working for both sides at once. -?AAA Case Problem with Sample Answer-?Arbitration Based on a recent holding by the Washington state supreme court, the federal appeals court held that the arbitration provision was unconscionable (see page 296 in Chapter 1 1) and therefore invalid. Because it was invalid, the restriction on class-action suits was also invalid. The state court reasoned that by offering a contract that restricted class actions and required arbitration, the company had improperly stripped consumers of rights they would normally have to attack certain industry practices.Class-action suits are often brought in cases of deceptive or unfair industry practices when the lo sses suffered by an individual consumer are too small to warrant a consumer suing. In this case, the alleged added cell phone fees are so small that no one consumer would be likely to litigate or arbitrate the matter due to the expenses involved. Because the arbitration agreement eliminates the usability of class actions, it violates public policy and is void and unenforceable. 3-AAA Venue The purpose behind most venue statutes is to ensure that a defendant is not â€Å"hailed into a remote district, having no real relationship to the dispute. The events in dispute have no connection to Minnesota. The Court stated: â€Å"Looked at through the lens of practicality-?which is, after all, what [the venue statute] is all about-?Nestsg's motion can really be distilled to a simple question: does it make sense to compel litigation in Minnesota when this state bears no relationship to the parties or the underlying events? ‘ The court answered no to this simple question. The plaintiff resides in South Carolina, her daughters injuries occurred there, and all of her medical treatment was provided (and continues to be provided) in that state.South Carolina is the appropriate venue for this litigation against Nests to proceed. 3-AAA Arbitration (BELTS page 85) Arbitration can be compelled under a contracts arbitration clause as long as a dispute involves matters covered by the contract provision. In the set of facts in this problem, the terms of the parties' contract are central to the resolution of their dispute. Under the contract, all claims that PRM has against Premiering go to arbitration because the arbitration clause covers â€Å"all disputes. † That includes allegations of fraud and theft.Such matters can be resolved by arbitration. In the actual case on which this problem is based, the court ruled that PRM had to take all complaints about Premiering to arbitration. On appeal, the U. S. Court of Appeals for the Eighth Circuit affirmed this ruling. 3-A AA Spotlight on National Football-?Arbitration An arbitrator's award generally is the final word on the matter. A court's review of an arbitrator's decision is extremely limited in scope, unlike an appellate court's review oaf lower court's decision.A court will set aside an award only if the arbitrator's conduct or â€Å"bad faith† substantially prejudiced the rights of one of the parties, if the award violates an established public policy, or if the arbitrator exceeded her or his powers. In this problem, and in the actual case on which this problem is based, the NAP argued that the award was contrary to public policy because it required Matthews to forfeit the right to seek workers' compensation under California law. The court rejected this argument, because under the arbitrators award Matthews could still seek workers' compensation under Tennessee law.Thus, the arbitration award was not clearly contrary to public policy. 3-?AAA Minimum contacts (BITE pages 66-68) No. This statement alone was insufficient to establish that Illinois did not have jurisdiction over the defendant. The court ruled that Med-Express failed to introduce factual evidence proving that the Illinois trial court lacked personal jurisdiction over Med-Express. Med-Express had merely recited that it was a North Carolina corporation and did not have minimum contacts with Illinois. Med-Express sent a letter to this effect to the clerk of Cook County, Illinois, and to the trial court judge. But that was not enough.When a judgment of a court from another state is challenged on the grounds of personal jurisdiction, there is a presumption that the court issuing the judgment had jurisdiction until the contrary is shown. It was not. 3-?AAA A Question of Ethics-?Agreement to arbitrate 1. This is very common, as many hospitals and other health-care provides have arbitration agreements in their contracts for services. There was a valid contract here. It is presumed in valid contracts that arbit ration clauses will be upheld unless there is a violation of public policy. The provision of medical are is much like the provision of other services in this regard.There was not evidence of fraud or pressure in the inclusion of the arbitration agreement. Of course there is concern about mistreatment of patients, but there is no reason to believe that arbitration will not provide a professional review of the evidence of what transpired in this situation. Arbitration is a less of a lottery that litigation can be, as there are very few gigantic arbitration awards, but there is no evidence of systematic discrimination against plaintiffs in arbitration compared to litigation, so there may not be a major ethical issue. . McDaniel had the legal capacity to sign on behalf of her mother.Someone had to do that because she lacked mental capacity. So long as in such situations the contracts do not contain terms that place the patient at a greater disadvantage than would be the case if the pati ent had mental capacity, there is not particular reason to treat the matter any differently. Critical Thinking and Writing Assignments 3-AAA Business Law Critical Thinking Group Assignments 1. The statute violates litigants' rights of access to the courts and to a jury trial because the imposition of arbitration costs on those who improve their sections by less than 10 percent on an appeal is an unreasonable burden.And the statute forces parties to arbitrate before they litigate-?an added step in the process of dispute resolution. The limits on the rights of the parties to appeal the results Of their arbitration to a court further impede their rights Of access. The arbitration procedures mandated by the statute are not reasonably related to the legitimate governmental interest of attaining less costly resolutions of disputes. 2. The statute does not violate litigants' constitutional right of access to the courts because it provides the parties tit an opportunity for a court trial in the event either party is dissatisfied with an arbitrator's decision.The burdens on a person's access to the courts are reasonable. The state judicial system can avoid the expense of a trial in many cases. And parties who cannot improve their positions by more than 10 percent on appeal are arguably wasting everyone's time. The assessment of the costs of the arbitration on such parties may discourage appeals in some cases, which allows the courts to further avoid the expense of a trial. The arbitration procedures mandated by the statute are reasonably related to the estimate governmental interest of attaining speedier and less costly resolution of disputes. . The determination on rights of access could be different if the statute was part of a pilot program and affected only a few judicial districts in the state because only parties who fell under the jurisdiction of those districts would be subject to the limits. Opponents might argue that the program violates the due process of th e Fifth Amendment because it is not applied fairly throughout the State. Proponents might counter that parties who object to an arbitrator's decision have an opportunity to appeal it to a court.Opponents might argue that the program exceeds what the state legislature can impose because it does not reasonably relate to a legitimate governmental objective-?it arbitrarily requires only litigants who reside in a few jurisdictions to submit to arbitration. Proponents might counter that this is aimed at the reduction of court costs-?that the statute rationally relates to a legitimate governmental end. An equal protection challenge would most likely be subject to a similar rational basis test. Under these and other arguments, the reduction of court costs would be a difficult objective to successfully argue against.

George Orwell s One Flew Over The Cuckoo s Nest

Grace Wang Period 3 Humanities V 4/17/2015 Defending Controversial Novels Essay Draft Kesey Flew East, His Critics Fly West: They’ve All Missed the Merit in the Cuckoo’s Nest â€Å"There s something about taking a plow and breaking new ground. It gives you energy† (Kesey qtd. in Sova 244). This energy, however, comes with a cost, as demonstrated by Kesey’s revolutionary novel One Flew over the Cuckoo’s Nest. In the process of writing the book, Kesey embarked with ambitious goal of ultimately reshaping American society’s approach to established institutions. Never before had a major American work illustrated conformity in American medical consortiums in such a subversive manner, and even the â€Å"Seismic Sixties† during which Cuckoo’s Nest was published saw the novel’s acclaim balanced with pointed criticism. Today, One Flew over the Cuckoo’s Nest is taught nationwide, and each year millions of high school students submerse themselves in the story of Chief Bromden and Randle McMurphy. Both these men are patients at a mental ward in Oregon, Bromden being an Indian chief who is assumed deaf and dumb by the other patients and narrates the novel, and McMurphy being the coarse, rebellious, gambling man who comes to the ward with a marked intention of defying rules and establishing a dominant presence. Until McMurphy’s arrival Nurse Ratched runs the ward with precision and a subtle force, combining with the organization of the Combine to completely control the lives of the patients. TheShow MoreRelatedGeorge Orwell s 1984 And One Flew Over The Cuckoo s Nest1675 Words   |  7 Pagesbecause it relates to both 1984 and One Flew Over the Cuckoo’s Nest. Fear is used in both of these stories to discipline the domestic population and ends up being effective. These two novels are ran by totalitarian like structures. The characters are under a certain person s rule, creating the totalitarian government. In these societies, fear is used to gain power in these governments. The manipulation of fear is used in both 1984 and One Flew Over the Cuckoo’s Nest in the manner of w hich the authoritariansRead More A Tale of Four Novels1596 Words   |  7 Pagesseeks to exterminate the bourgeoisie in order to gain freedom and get revenge at the same time. The central theme of man’s search for power is present in A Tale of Two Cities and is recurring in many works of literature including Hamlet, One Flew Over the Cuckoo’s Nest and 1984. In A Tale of Two Cities the primary conflict is the revolution in which the proletariat aim to overthrow the bourgeoisie in an effort to gain freedom as they are oppressed and in a state of poverty. Dickens has previously stated

Gender, Gender And Gender Bias - 1429 Words

Language and gender has become an increasingly popular topic of study over recent decades, most likely due to the second wave of feminism in the 1960s and 70s. This can also be seen in the fact that goals of linguistic studies shifted at this point, to not just look at grammatical differences between males and females but to examine sexism and gender bias in language. The wording of such studies becomes increasingly important in the modern era, as gender is now recognised as a socially constructed concept of masculine and feminine features, based on biological sex but not limited to that. Simone de Beauvoir (1952) believed that we gradually become more masculine or feminine but we are not inherently gendered. Language and gender was not developed as a serious subfield until the 1975 publication of Robin Lakoff’s Language and Woman’s Place. 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