Supply Chain Management

The Civil War helped transform the nation's economy and way of life. The war effort required more factories and better transportation systems. The years after the war are called Reconstruction.

The most important long-term effect of the war was the end of slavery. The Emancipation Proclamation had made a start toward freeing the slaves. Then, in 1865, Congress passed the Thirteen Amendment to the Constitution. This law said that slavery was abolished everywhere in the United States.

Within a few years after the war, Congress added other amendments to the Constitution. They promised blacks the same rights as whites. The Fourteenth Amendment said that all Americans had equal rights as citizens. The Fifteenth Amendment said that no one could be kept from voting because of race. These amendments became part of the law of the land.

Lincoln's Vice President Andrew Johnson became the new President, and he tried to carry out Lincoln's plans. But Congress thought he favored the South and demanded harsher laws to punish the southern states trying to force Johnson out of the Presidency by impeachment. Johnson stayed in office but could not stop Congress from passing the laws it wanted.

Until 1877, parts of the South were controlled by the United States army. Raising cotton depended on slavery, and about four million black slaves had been freed by the war. But they could not make a living in the war-torn South. The farmers had no money to pay workers. And the ex-slaves had no money to buy a farm. Finally, the system of sharecropping began to be used, when a farmer let a worker live on some of his land and farm it. Sharecroppers, in return, gave the landowner part of their crop.

But the system was not good enough, as very often, after sharing the crop, there was nothing, or almost nothing, left. There was no real land reform, plantations were not broken up, and most blacks still owned no property

Many southern whites who had ruled blacks and meant to keep it that way, were angry about the new freedom for the black population - the right to vote and be elected to office, which, to some extent, was carried out, mostly in the North. They formed groups called Ku Klux Klan. The members of this organization were dressed in white, with white hoods over their heads, they took the law into their own hands, they caught black people, dragged them through the streets, and hanged them. Lynching, or hangings committed by mobs, became common. To give racism more power, Southern states passed laws to keep blacks from voting - for example, by imposing taxes and literacy requirements. By the early twentieth century, every Southern state also had laws enforcing segregation - blacks and whites were separated in schools, parks, trains, hospitals, and other public places.

Reconstruction was a time of bitterness and sorrow; however, it was also a time of growth and change. Gradually, many of the large plantations were sold, and the land was divided to make smaller farms. Some northerners came to buy land or start businesses. Cities and industries were started - mills for making cloth, iron, steel, and lumber were other important industries. All over the South, cities and towns were growing.

Big changes took place also in the West. Railroads were built across the Great Plains, and the railroad companies were given huge stretches of land with the right to sell land to settlers. They collected fares from passengers, charged money for carrying freight or goods, and they sold land. Transcontinental railroads joined East and West. The Central Pacific Railroad Company, the Union Pacific, Atchison, Topeka and Santa Fe Railroad Company and others provided thousands of jobs.

New methods of farming the Plains were used. One new invention made it easier to farm the sod. It was the steel plow which could easily slice through the thick prairie sod. Wood was scarce, so pioneer settlers built their first homes out of blocks of sod.

New types of wheat were brought from Europe. By the 1870' the wheat grown by the pioneer farmers was turning the Great Plains into the nation's "breadbasket."

1. What was the name for the years after the Civil War and why?

2. What new amendments were added to the Constitution?

3. What problems did people in the South have?

4. What was sharecropping and how did it work?

5. What did racism reveal in the post-war country and how did it manifest itself?

6. What new industries started in the South?

7. What was the role of railroad companies in bringing changes into the post-war life of the country?

8. What new ways of doing things made it easier to settle on the Great Plains?

Wills

What happens if I die without a will?

If you don't make a will or use some other legal method to transfer your property when you die, state law will determine what happens to your property. This process is called "intestate succession." Your property will be distributed to your spouse and children or, if you have neither, to other relatives according to a statutory formula. If no relatives can be found to inherit your property, it will go into your state's coffers*. Also, in the absence of a will, a court will determine who will care for your young children and their property if the other parent is unavailable or unfit.

Do I need a lawyer to make my will?

Probably not. Making a will rarely involves complicated legal rules, and most people can draft their own will with the aid of a good self-help book or software program. You just need to know what you own, whom you care about, and have a good self help resource to guide you.

/ don't have much property. Can't I just make a handwritten will?

Handwritten wills, called "holographic" wills, are legal in about 25 states. To be valid, a holographic will must be written, dated and signed in the handwriting of the person making the will. Some states allow you to use a fill-in-the-blanks form if the rest of the will is handwritten and the will is properly dated and signed.

If you have very little property, and you want to make just a few specific bequests, a holographic will is better than nothing if it's valid in your state. But generally, we don't recommend them. Unlike regular wills, holographic wills are not usually witnessed, so if your will goes before a probate court, the court may be unusually strict when examining it to be sure it's legitimate. It's better to take a little extra time to write a will that will easily pass muster when the time comes.

What makes a will legal?

Any adult of sound mind is entitled to make a will. Beyond that, there are just a few technical requirements:

• The will must be typewritten or computer generated (unless it is a valid handwritten will, as discussed above).

• The document must expressly state that it's your will.

• You must date and sign the will.

• The will must be signed by at least two, or in some states, three, witnesses. They must watch you sign the will, though they don't need to read it. Your witnesses must be people who won't inherit anything under the will.

You don't have to have your will notarized. In many states, though, if you and your witnesses sign an affidavit (sworn statement) before a notary public, you can help simplify the court procedures required to prove the validity of the will after you die.

Do I need to file my will with a court or in public records somewhere?

No. A will doesn't need to be recorded or filed with any government agency, although it can be in a few states. Just keep your will in a safe, accessible place and be sure the person in charge of winding up* your affairs (your executor) knows where it is.

Comments:

it will go into your state's coffers -o wind up -

Say whether the following statements are TRUE, FALSE or INCOMPLETE. In case of FALSE or INCOMPLETE statements give the correct version.

1. If there is nobody to inherit a deceased person's property, the state takes it.

2. It's the court that determines who should care for the deceased person's children and their property.

3. One can draft his/her will without the aid of a lawyer.

4. Handwritten wills are as valid in the USA as typewritten wills.

5. Handwritten wills are not recommended because they are not usually witnessed.

6. To be valid a will must be dated and signed by the will maker.

7. Witnesses who sign the will inherit part of the property.

8. A will doesn't require notarization.

Answer the following questions:

1. What is intestate succession?

2. What does one need to draft a will?

3. What does a handwritten (holographic) will need in order to be valid?

4. Why are handwritten wills not recommended?

Can I use my will to name somebody to care for my young children, in case my spouse and I both die suddenly?

Yes. If both parents of a child die while the child is still a minor, another adult—called a "personal guardian"--must step in. You and the child's other parent can use your wills to nominate someone to fill this position. To avert conflicts, you should each name the same person. If a guardian is needed, a judge will appoint your nominee as long as he or she agrees that it is in the best interest of your children. The personal guardian will be responsible for raising your children until they become legal adults.

Can I leave property to young children in my will?

Children under 18 can inherit property—but if it's anything valuable, an adult must manage it for them. You can use your will to name someone to manage property you leave to minors, thus avoiding the need for a more complicated court-appointed guardianship. There are many ways to structure a property management arrangement. Here are four of the simplest and most useful:

Name a custodian under the Uniform Transfers to Minors Act.

In every state except South Carolina and Vermont, you can choose someone, called a custodian, to manage property you are leaving to a child. If you die when the child is under the age set by your state's law—18 in a few states, 21 in most, 25 in several others—the custodian will step in to manage the property until the child reaches the age specified by your state's law. To set up a custodianship, all you need to do is name a custodian and the property you're leaving to a young person. You can do this in your will or living trust. For example, your will might state, "I leave $10,000 to Michael Stein, as custodian for Ashley Farben under the Illinois Uniform Transfers to Minors Act." That would be enough to create the custodianship.

Set up trust for each child.

You can use your will to name someone (called a trustee), who will handle any property the child inherits until the child reaches the age you specify. Generally, the trustee can spend trust money for the young person's health, education, and living expenses. When the child reaches the age you specified, the trustee ends the trust and gives whatever is left of the trust property to the child. Serving as a trustee is more work than is serving as a custodian under the UTMA. For one thing, a trustee must file annual income tax returns for the trust. And because the powers of a trustee are limited to what's allowed in the will or other document authorizing the trust, the trustee may have to show the will (or at least the part of it that outlines the trustee's authority) to banks and others with whom he or she deals. The powers of an UTMA custodian, however, are set out by state statute. Most banks and other institutions are familiar with them and know what authority custodians have.

Set up a "pot trust" for your children.

If you have more than one child, you may want to set up just one trust for all of them. This arrangement is usually called a pot trust. In your will, you establish the trust and appoint a trustee, who will have the power to dole out trust money to each of the children. The trustee doesn't have to spend the same amount on each child; instead, the trustee decides what each child needs. When the youngest child reaches a certain age, usually 18, the trust ends. A pot trust provides great flexibility for the trustee. Its major drawback is that the older children can't receive their shares of the trust property until the youngest child turns 18; they may not get control over their inheritance until they are well into adulthood*.

Name a property guardian.

If you wish, you can simply use your will to name a property guardian for your child. Then, if at your death your child needs the guardian, the court will appoint the person you choose. The property guardian will manage whatever property the child inherits, from you or others, if there's no other mechanism (a trust, for example) to handle it.

Comments:

Say whether the following statements are TRUE, FALSE or INCOMPLETE. In case of FALSE or INCOMPLETE statements give the correct version.

1. Minors don't inherit property.

2. The custodian will manage the property until the child reaches the age of 21.

3. Serving as a trustee is the same as serving as a custodian.

4. One trust for all children is called a pot trust.

Answer the following questions:

1. What does one need to do to set up a custodianship?

2. Who is & personal guardian and what is he/she responsible for?

3. Who appoints the personal guardian?

4. What does a person called a custodian do?

5. Is trustee the same as custodian!

6. What is the main drawback of the pot trust?

Can I disinherit relatives I don 7 like?

It depends on whom you want to disinherit. If it's anyone other than your spouse or child, the rule is very simple: don't mention that person in your will, and he or she won't receive any of your property. Rules for spouses and children are somewhat more complex.

Spouses

It is not usually possible to disinherit your spouse completely. If you live in a community property state (Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin), your spouse automatically owns half of all the property and earnings (with a few exceptions) acquired by either of you during your marriage. You can, however, leave your half of the community property, and your separate property (generally considered to be all property you owned before marriage or received via gift or inheritance during marriage), to anyone you choose.

In all other states, there is no rule that property acquired during marriage is owned by both spouses. To protect spouses from being disinherited, these states give your spouse a legal right to claim a portion of your estate, no matter what your will provides. But keep in mind that these provisions work only if your spouse challenges your will. If your will leaves your spouse less than the statutory share, and he or she doesn't object, the document will be honored as written.

Children

Generally, it's legal to disinherit a child. Some states, however, protect minor children against the loss of a family residence. For example, the Florida Constitution prohibits the head of a family from leaving his residence to anyone other than a spouse if he is survived by a spouse or minor child.

Most states have laws—called "pretermitted heir" statutes—to protect children of any age from being accidentally disinherited. If a child is neither named in your will, nor specifically disinherited, these laws assume that you accidentally forgot to include that child. In many states, these laws apply only to children born after you made your will, but in a few states they apply to any child not mentioned in your will. The overlooked child has a right to the same share of your estate as he or she would have received if you'd left no will. The share usually depends on whether you leave a spouse and on how many other children you have, but it is likely to be a significant percentage of your property. In some states, these laws apply not only to your children, but also to any of your grandchildren by a child who has died.

To avoid any legal battles after your death, if you decide to disinherit a child, or the child of a deceased child, expressly state this in your will. And if you have a new child after you've made your will, remember to make a new will to include, or specifically disinherit, that child.

What should I do with my will after I sign it?

After you die, your executor (the person you appointed in your will) is responsible for seeing that your wishes are carried out as directed by your will. So wherever you choose to keep your will, make sure your executor (and at least one other person you trust) knows where to find it.

Your executor's first task is to locate your will, and you can help by keeping the original in a fairly obvious place. Here are some suggestions.

• Store your will in an envelope on which you have typed your name and the word "Will."

• Place the envelope in a fireproof metal box, file cabinet or home safe. An alternative is
to place the original in a safe deposit box*. But before doing that, learn the bank's policy about
access to the box after your death. If, for instance, the safe deposit box is in your name alone,
the box can probably be opened only by a person authorized by a court, and then only in the
presence of a bank employee.

Comments:

safe deposit box - депозитарный ящик в банке

Say whether the following statements are TRUE, FALSE or INCOMPLETE. In case of FALSE or INCOMPLETE statements give the correct version.

1. Any relative can be disinherited.

2. A child not named in a will is disinherited.

3. Pretermitted heir statutes apply to children not mentioned in the will.

4. If a person has a new child after he has made his will, he needs to make a new will.

5. An executor is a person who knows where to find the will.

Answer the following questions:

1. How can one disinherit their relatives?

2. How are spouses protected from being disinherited?

3. Can a child be disinherited?

4. What are "pretermitted heir" statutes?

5. What does the overlooked child's share of inheritance depend on?

6. What does one have to do to disinherit his children?

7. Who is an executor?

Making your will legal - follow a few simple rules to make a binding will

The legal requirements for drafting a valid will aren't nearly as complicated as many

people fear. There are just a few simple rules; follow them and you'll leave a will that

you can rely on to make sure your wishes will be carried out.

Age

To make a will, you must either be:

• 18 years of age or older, or

• living in one of the few states that permit younger persons to make a will if they're married, in the military, or otherwise considered "emancipated."

Mental state

You must be of "sound mind" to make a valid will. It's not a rigorous requirement. The

standard interpretations require that you:

• know what a will is and that you're making one

• understand the relationship between yourself and those persons who you would normally provide for, such as a spouse or children

• understand what you own, and

• be able to decide how to distribute your property.

In reality, a person must be quite unbalanced before a court will rule that she lacked the capacity to make a valid will. For example, forgetfulness or even the inability to recognize friends doesn't, by itself, establish incapacity. Also, it's important to remember that in the vast majority of cases, there's no need to prove mental state to a court. It's presumed that the will writer was of sound mind, and the issue will never arise unless someone challenges this in a court proceeding—which is very rare. A will can also be declared invalid if a court determines that it was procured by "fraud" or "undue influence." This usually involves some evil-doer manipulating a person of unsound mind to leave all, or most, of his property to the manipulator. Will contests based on these grounds are also quite rare.

If you suspect someone might challenge your will on the basis of your mental competence or fraud, be sure to see a lawyer. For example, if you plan to leave the bulk of your property to someone you know is disliked and mistrusted by some close family members, work with a lawyer to minimize the possibility of a lawsuit, and maximize the chances your wishes will prevail if there is one.

What your will must look like

You won't be around* to vouch for your will's validity when it takes effect. Because of this stark truth, every state has laws designed to make sure that nobody can pass off a phony document as your will after your death. Most states' rules (except Louisiana's) are very similar, and they are less onerous than many people imagine.

• The will must be typewritten or computer-printed. Handwritten wills are valid in some states, but aren't recommended.

• The document must expressly state that it's your will.

• The will must have at least one substantive provision. A clause that leaves some, or all, of your property to someone is the most common substantive provision. However, a will that only appoints a personal guardian for your minor children and doesn't dispose of any property is also perfectly valid.

You must appoint an executor. This person (called a "personal representative" in some states) is responsible for supervising the distribution of your property after your death and seeing that your debts and taxes are paid. Nevertheless, in most states, even if you fail to name an executor in an otherwise valid will, a court will appoint one and then enforce the will.

Comments:

You won't be around - вас не будет рядом

Offer words/phrases corresponding to the following definitions:

1. to take or receive (property, a privilege, title, etc.) as an heir at the death of a former possessor -

2. the action of showing something for inspection or verification -

3. a person's formal declaration as to the disposal of his or her property after death; the document in which this declaration of intention is expressed -

4. a person who has custody of the person or property of a minor or other person deemed incapable of managing his or her own affairs -

5. a person who has responsibility for controlling or administering property in trust -

6. to dispossess of or bar from an inheritance -

7. succession of property that has not been disposed of by a valid will -

Answer the following questions:

I. Can you compare the main rules of will making in the USA and Russia?

Witnesses

You must date and sign the will in the presence of at least two witnesses. Three are required in Vermont, and it's a good idea to use three in all states. Your witnesses cannot be named to receive property in your will. The witnesses watch you sign your will, and then sign it themselves.

Notarization

Contrary to what many people believe, wills don't have to be notarized to be valid. However, in most states you may want your witnesses to sign a short document called a "self-proving" affidavit (a sworn statement) before a notary public. Doing so makes the probate process easier: your witnesses won't have to come to court after your death to swear that the will is valid.

If you move

Generally, a will is valid in any state where you die, if it was valid under the laws of the state (or country) where you were "domiciled" when the will was made. Your domicile is the state where you have your principal home, where you spend most of your time, as opposed, say, to a summer home. You can have only one domicile.

If you move to another state after signing your will, you should review your will in light of the new state's laws, especially property ownership laws that apply to married couples. Fortunately, you'll probably determine that your original will remains valid.

Revise your will when your family changes

Significant family changes always signal the need to revise your estate plan. In particular, you should make a new will if you get a divorce, or if a child is born or dies. In several states, getting divorced automatically revokes gifts made to a former spouse in your will. In some states, however, your ex-spouse will still be entitled to take property as your will directs. If you remarry, state laws become even more complex. To be on the safe side, if you get divorced, make a new will that revokes your old one. If you want to disinherit your former spouse, simply leave him or her out of your new will-that will do the job.

If you have a new child after preparing your will, revise your will to account for the new child. If you don't, your existing estate plan will likely be disrupted when that child claims his or her share of your estate under law.

If a grown child dies, leaving children (your grandchildren), you should make a new will to provide for or disinherit these grandchildren. Then, make sure that all property you left to the deceased child is redirected to other beneficiaries.

Find in the text English equivalents of the following phrases:

Offer words/phrases corresponding to the following definitions:

1. a person receiving or entitled by law to receive property as the successor of the former owner -

2. the whole of one's possessions, especially all the property and debts left by one at death -

3. a person appointed by a testator to execute his or her will -

4. the official proving of a will -

5. legal disqualification -

6. to confirm by evidence or assertion; to state authoritatively that; to provide evidence of-

7. the recipient of funds, property, or other benefits, as from a will -

Answer the following questions:

1. In what cases does a will have to be revised?

GIVE THEM LEGAL ADVICE: There are people who find themselves in difficult situations and seek legal help. Read these real-life stories, coming from E-net chat rooms, and give your advice based on your knowledge of either the US or Russian law. In the latter case begin your answer with "If this happened in Russia, I would say..."

1) Joint inheritance?

I have a friend whose husband is going to inherit some money and a house soon. Would someone tell me if that inheritance would be joint property in the case of a divorce?

2) Wills

My husband's mother who has lived with us for the past year is dying of cancer. My husband was named executor about one year ago. His sister wants to begin to settle things now. Is my husband required to show her the will before the mother's death?

3) Supposedly no will

My father died. He has 4 children. My Stepmother said he had no will. She and my father had no children. I saw a will of his some years back. Could this have been voided? She refuses to talk us. There are things he had before he married her. Is she entitled to everything? Please shed light on this situation. T

4) Contesting of Will

My grandfather has a will and is still alive. He has stated in his Will that his house will go to his two sons and to his grandson in equal shares per capita.

Now, the two sons don't know that the grandson was put into the will to inherit part of the house. The two sons are not going to be happy that the grandson is getting part of the house. The grandson has been living with grandpa for the last 5 years. He is the one taking care of him. We feel they might want to contest the Will. How would they go about that? And what are the chances of them doing that?

5) No cash to leave

] am elderly and wish to pass on to grandchildren possessions which I have, i.e., the car, the PC, the TV, the VCR, etc. — items which have little monetary value but which have sentimental value. I have no cash to leave to anyone. Could I just leave a list with my children to act as a

will?

6) Am I entitled to anything?

I had been seeing a guy for 1 year and got married 1 month ago. He passed away on July 8, 2003, due to cancer. He had a will written in 1995 and had left everything to his sister. Do I have any rights to anything? Personal items in the house - who do they belong to? He had a house with 40 acres of land that I am living in. Will that be mine or his sister's?

7) Under guardianship

Can a person who is under guardianship* make or revoke a will? My aunt who has dementia*

has a will made before she had a guardian. Can she revoke or make changes in her will during

lucid times*?

guardianship - опека; опекунство, попечение

dementia - слабоумие

lucid limes - периоды просвещения, периоды ясного сознания

8) Video will

Can a person have a video tape of himself stating the same things that would be in a written will and it become a legal will?

9) Ethics and wills

Is it ethical for the attorney drawing up a will for his client to add himself as the executor of the estate and all belongings, and also add himself as beneficiary of $10,000 on the will? It just doesn't sound right...also, when you draw up a will, then get married, is that will evoked?

Supply Chain Management

4.1. Definition of Supply Chain Management

Channels develop when many exchanges take place between producers and consumers. The alignment of firms that bring products or services to market has been called the supply chain, the demand chain or the value chain. The term supply chain is used to represent this alignment of firms.

Supply Chain Management (SCM) (figure 3-1) is a term that has grown significantly in use and popularity since the late 1980s, although considerable confusion exists about what it actually means. Many people use the term as a substitute or synonym for logistics. However, the definition of supply chain management is much broader than logistics.

1) Supply Chain Management is the integration of business processes from end user through original suppliers that provides products, services, and information that add value for customer.

2) SCM is an integrative approach that considers both the inbound (upstream) and outbound (downstream) flow of materials, services and goods to the firm.

4.2. Definition of a Channel of Distribution

A channel of distribution can be defined as the collection of organizational units, institutions, or agencies within or external to the manufacturer, which perform the functions that support product marketing. The marketing functions are pervasive: they include buying, selling, transporting, storing, grading, financing, bearing market risk, and providing marketing information. Any organizational unit, institution, or agency that performs one or more of the marketing functions is a member of a channel of distribution.

The structure of a distribution channel is determined by the marketing functions that specific organizations perform. Some channel members perform single functions–carriers transport products, and public warehousers store them. Others, such as third party logistics providers and wholesalers, perform multiple functions. Channel structure affects (1) control over the performance of functions, (2) the speed of delivery and communication, and (3) the cost of operations.

While a direct manufacturer-to-user channel usually gives management greater control over the performance of marketing functions, distribution costs normally are higher, making it necessary for the firm to have substantial sales volume or market concentration. With indirect channels, the external institutions or agencies (e.g. carriers, warehousers, wholesalers, retailers) assume much of the cost burden and risk, so the manufacturer receives less revenue per unit.

Most distribution channels are loosely structured networks of vertically aligned firms. The specific structure depends to a large extent on the nature of the product and the firm's target market. There is no "best" channel structure, for all firms producing similar products. Management must determine channel structure within the framework of the firm's corporate and marketing objectives, its operating philosophy, its strengths and weaknesses, and its infrastructure of manufacturing facilities and warehouses. If the firm has targeted multiple market segments, management may have to develop multiple channels to service these markets efficiently.

Date: 2015-01-02; view: 745