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Monday, September 30, 2019

Law Research Essay

â€Å"An agreement without consideration is void†. Do you agree? Justify your response on the basis on what you have learnt about this rule and its exceptions. Use suitable illustrations to substantiate your answer. A legally binding contract needs consideration as it is an important element. So, a valid contract will not exist without consideration. By promise someone sacrifices or gives something and other people take something. This kind of giving or taking and sacrificing is called consideration by law. If one party promises without any consideration that is a gift. Consideration is an essential element for the formation of a contract. It may consist of a promise to perform a desired act or a promise to refrain from doing an act that one is legally entitled to do. S2 (d) Contract Act 1950 defines consideration, when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise. It can also be defined as a detriment suffered in exchange for a benefit received, each party must promise to give or do something for the other. Consideration must exist in every contracts and it must have monetary value. There have been a number of case law definitions of consideration, for example Currie v Misa (1875): â€Å"A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other.† S26 Contract Act 1950 states that, an agreement made without consideration is void, unless (a) it is in writing and registered; it is expressed in writing and registered under the law (if any) for the time being in force for the registration of such documents, and is made on account of natural love and affection between parties standing in a near relation to each other. Besides that, (b) or is a promise to compensate for something done; it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promise, or something which the promisor was legally compellable to do. Also, (c) or is a promise to pay debt barred by limitation law; it is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits. An agreement is a contract in any there cases. Illustrations for S26 Contract Act 1950, (a) A promises, for no consideration, to give to B RM1, 000. This is a void agreement. (b) A, for natural love and affection, promises to give his son, B, RM1,000. A puts his promise to B into writing and registers it under a law for the time being in force for the registration of such documents, this is a contract. (c) A finds B’s purse and gives it to him. B promises to give A RM 50. This is a contract. (d) A supports B’s infant son. B promises to pay A’s expenses in so doing. This is a contract. (e) A owes B RM1, 000, but the debt is barred by limitation. A signs a written promise to pay B RM500 on account of the debt. This is a contract. (f) A agrees to sell a horse worth RM1, 000 for RM 10. A’s consent to the agreement was freely given. The agreement is a contract notwithstanding the inadequacy of the consideration. (g) A agrees to sell a horse worth RM1, 000 for RM 10. A denies that consent to the agreement was freely given. The inadequacy of the consideration is a fact which the court should take into account in considering whether or not A’s consent was freely given. In conclusion, I agree with the statement â€Å"an agreement without consideration is void†. If an agreement without consideration is valid, it is unfair to everyone who is protected by the law. Therefore, according to S26 Contract Act 1950, an agreement made without consideration is void, unless it is in writing and registered; or is a promise to compensate for something done; or is a promise to pay a debt barred by limitation law. Question 2 Khalid was interested in buying Siti’s painting which she had names â€Å"Hawa†. Khalid met Siti and told her that he will pay her RM5,000 for â€Å"Hawa†. Siti said she will think about it. 2 weeks later Siti told Khalid that she will sell him the painting for RM7,000. Khalid said that the price was too high and he did not want the painting. One week later, Khalid received bonus from his employer. He immediately contacted Siti and told her that he will pay the RM7,000 for â€Å"Hawa†. Siti refused to give Khalid the painting, saying the price had now gone up to RM10,000. Explain to Siti whether she is bound by any contract to sell the painting to Khalid for RM7,000? Make references to relevant case laws and legislation. Issue: Whether Siti is bound by any contract to sell the painting to Khalid for RM7,000? Identify and Application of Law: The Contract Act 1950 is the law governing the making of a contract. S2 (g) Contract Act 1950 states that an agreement not enforceable by law is said to be void and S2 (h) Contract Act 1950 states an agreement enforceable by law is a contract. Therefore, to determine whether there Siti is bound by any contract to sell the painting to Khalid for RM7,000? Firstly, S2 (b) Contract Act 1950, when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted: a proposal, when accepted, becomes a promise. S2 (c) Contract Act 1950, the person making the proposal is called the â€Å"promisor† and the person accepting the proposal is called the â€Å"promisee†. In this case here, Khalid can be said to be an offerer and if Siti accepted the offer, she would become the offeree. Khalid offered to Siti to pay her RM5,000 for buying the painting â€Å"Hawa†. Siti said she will think about it but she did not accept the offer. In S6 (c) Contract Act 1950, by failure of the acceptor to fulfill a condition precedent to acceptance; or counter offer, the proposal is revoked. Hyde v Wrench (1840), D made an offer to sell his house for 1000 pound. P purposely accepted at 950 pound but when D refused, P accepted the original offer of 1000 pound. Here, the counter offer terminated the original offer. There was nothing to accept. After two weeks, Siti made a counter offer to Khalid that she will sell him the painting â€Å"Hawa† for RM7,000. Then Khalid immediately said price was too high, he did not want the painting â€Å"Hawa†. Besides that, This counter offer also terminated the original offer which was Khalid offered Siti to buy the painting â€Å"Hawa† for RM5,000. So there was no any contract between Siti and Khalid. One week later, Khalid received bonus from his employer. He immediately contacted Siti and told her that he will pay RM7,000 for the painting â€Å"Hawa†. In here, Khalid made an offer to Siti again. However, Siti refused to give Khalid the painting for RM7,000. She told Khalid that the price of â€Å"Hawa† had now gone up to RM10,000. Siti did not accept Khalid’s offer and she inform Khalid that the price of â€Å"Hawa† had gone up to RM10,000. Therefore, there was no any contract between Siti and Khalid in this case. If Khalid really wanted to buy the painting â€Å"Hawa† for RM7,000, he should not refuse Siti immediately at the moment. He should just tell Siti that he would think about it. If he told Siti that he would think about it but not refused it, then there was a contract between Siti and Khalid. In conclusion, Siti is not bound by any contract to sell the painting â€Å"Hawa† to Khalid for RM7,000. S 3 Contract Act 1950 states the communication of proposals, the acceptance of proposals, and the revocation of proposals and acceptances, respectively, are deemed to be made by any act or omission of the party proposing, accepting, or revoking, by which he intends to communicate the proposal, acceptance, or revocation, or which has the effect of communication it. The general rule of S3 Contract Act 1950 is the acceptance must be communicated. In this case, when Siti made a counter offer to Khalid to sell the painting â€Å"Hawa† for RM7,000, Khalid did not accept the offer, but he refused it due to the price was too high. So the offer of selling the painting â€Å"Hawa† for RM7,000 was terminated, the offer was no longer exist. Therefore, Siti is not bound by any contract to sell the painting â€Å"Hawa† to Khalid for RM7,000. List of References The Lawyers & Jurists (2010) Insuffiency of consideration is immaterial, but an agreement without consideration is void- illustrate and explain. [online] Available at: http://www.lawyersnjurists.com/resource/articles-and-assignment/insuffiency-consideration-immaterial-agreement-consideration-void-%E2%80%93-illustrate-explain/ [Accessed: 25th Aug 2012]. Laws of Malaysia. (2009) Contract Act 1950. Kuala Lumpur: The Commissioner of Law Revision, Malaysia, p.12~13.

Sunday, September 29, 2019

Assess the Advantages of Judicial Precedent Essay

The first advantage of judicial precedent is certainty; this means the lawyers are able to predict the outcome of the case due to Judges following the same rules and the same Ratios this is a good thing as it means Lawyers could prepare clients for the worse or the best to the best of their ability, and this could save time and money as well. Sir Rupert Cross-Doctrine of precedent has a particular emphasis on rigidity and certainty. Another advantage is flexibility; the law is able to develop in ways that reflect social and technological circumstances and does not have to wait for the permission from Parliament, it also allows the common law system to respond to new situations like in Mcloughlin O’Brien’s case where the Supreme Court extended the law on nervous shock to cover new situations within the case. Consistency, this means that similar cases are dealt with in the same way, and this makes the law fair and credible and makes our legal system respected in other cou ntries. Another would be its real and reals with real life situations, case laws deal with situations that arise in practice – real facts in real situations – unlike statues and if an unforeseen situation arises, judges can refer to existing precedents and adapt the law to meet the new situation. Another advantage would be Original precedents, this allows for new or original precedents to be created and this occurs when there is no previous decision on the matter or case and this therefore means an original precedent therefore makes legal provision on a matter for which there was no previously no. In Gillick V West Norfolk and Wisbech Area Health Authority the House of Lords had to decide whether or not girls under 16 could be prescribed contraceptives without parental consent. This matter had not arisen before the courts before, and parliament had provided no guidance.

Saturday, September 28, 2019

Refusal for a Future Life-Sustaining Treatment Essay

Refusal for a Future Life-Sustaining Treatment - Essay Example From this paper it is clear that HD is hereditary and incurable. Affected patients experience irreversible dementia leading to fatality. The only thing that they can do for now is to avail for genetic counseling to ease their level of discomfort and anxiety. John is a lawyer in his 30’s. Several months ago, he noticed rapid movements twitching in his face. John then went to two neurologists and found out that he has Huntington’s disease. John’s mother died from that disease. He knows that he has ten years or so to live. The issue in John’s case is whether or not it is ethical, upon paralysis, to refuse future life-sustaining treatment. Whether or not John is in his right mind is also an issue here. Huntington’s disease affects the patient’s cognitive abilities. Despite the symptoms he unbearably experienced, John remains to be a productive lawyer. His productive work only shows that he is in his right mind. Moreover, John wrote a note before ingesting all his antidepressant medicine. Writing a note that states a clear message implies that the writer knows what he is doing. John, to my mind, is unquestionably competent in deciding what is good for him. His concept of good lies not in his biological good but rather in his perception of good. To die without life-sustaining treatment is what constitute good for John. This paper declares that John’s psychiatrist refused to help him commit suicide. Well, that’s what psychiatrist is paid for: to help their patients live a normal life. At this point, one might challenge the credibility of John’s right mind. I would still say that John was in his right mind when he spoke those words. The fact that John reassured his psychiatrist that he do not have plans to commit suicide â€Å"any time soon† implies that he consciously knows what he is saying. John’s case is comparable to cases concerning physician-assisted suicide or PAS. First, John has an incurable disease. Second, he expressed his refusal for a potential life-sustaining treatment.

Friday, September 27, 2019

Substance abuse Essay Example | Topics and Well Written Essays - 2000 words - 1

Substance abuse - Essay Example Karen wanted to draw strength from her two daughters, not knowing whether what she has said could make things better, or worse. Philip was nowhere to be found, or he was gone off with somebody. Kids seemed responsible high school students. When Karen is off for the office, she’d see the girls in their room studying, but mostly, Marie is much busy with the internet. As time went by, Marie showed signs of irritability and getting angry over small things. The two kids would also fight over trivial matters. And Karen couldn’t give the needed extra attention to the kids; her job demanded as much time now that she had to earn more. Some chain reaction: Joanne’s school report of falling grades, and behavior problems like prolonged temper tantrums, excessive aggression, impulsivity or risk taking. Sometimes, Karen would discover sticks of cigarettes, rolling paper and pipe in Joanne’s handbag, and the smell of alcohol in her young girl’s breath. Is it too late for Karen to have discovered Joanne’s – and Marie’s – substance abuse? The basic institution in a community which is the family has the first responsibility of detecting and coping with substance abuse in kids. Parents should be able to detect early signs of drug problem in their children before things get worse. But what if the single parent, in this case Karen, has first to recover from the trauma of divorce? According to Crowley and Whitmore, adolescents who might be using drugs have a change of behavior. The signs Karen observed in her two kids are indications that one or both are into drugs. Where could they have gotten of the illegal drugs? Numerous sources could provide – school, peers, the internet, etc. Forman (2008) has an intriguing article entitled â€Å"Drug Dealers in Your Home†. He said that the â€Å"internet is a haven for selling and buying all sorts of drugs without prescription.† This means that anybody can buy drugs through websites

Thursday, September 26, 2019

Os Claim Against VC for Outstanding Freight Coursework

Os Claim Against VC for Outstanding Freight - Coursework Example Secondly, it must be determined, if no breach of contract was found to have occurred, whether or not the contract was completed once the ship sailed from Piraeus. The underlying determining factors in both instances are seaworthiness on the part of the transporting vessel (Costa Lotta) and/or negligence on the part of Costa’s captain and crew. Generally seaworthiness refers to the state of the ship and places upon the ship owner a duty to provide a seaworthy vessel.1 Since O owns the Costa, it can be assumed that the ship itself is seaworthy in terms of structural soundness or â€Å"fit for purpose†2 otherwise the ship would not have chosen for the journey. The crew’s competence is relevant in determining the seaworthiness of the vessel. It was held in Wedderburn v Bell that whether a ship’s construction is sound or not is irrelevant if the ship’s crew is incompetent or lacks the skills necessary for navigating the ship for the duration of the chart ered journey.3 In other words, the seaworthiness of a ship will also depend on the competence of the crew. It was held in Standard Oil v Clan Line that â€Å"a ship may be rendered unseaworthy by the inefficiency of the master who commands her.†4 Based on the facts of the case for discussion however, there is no evidence that the captain or his crew lacked the necessary skills to navigate the ship. There is also no evidence of negligence. The fact is, the Costa came across unusual weather and unanticipated delays which ultimately resulted in the loss of freight. By all accounts the master acted promptly and responsibly. The main question is therefore whether or not the contract for the delivery of the freight was completed once the ship sailed from Piraeus. The leading case on the issue is Bank of Boston Connecticut v European Grain & Shipping Ltd (The Dominique). In The Dominique the ship owner entered into a charterparty with the defendant in which payment for freight was d ue after the signing of the bills of lading. The bills of lading were signed and the ship was subsequently arrested and thus failed to complete the journey. It was held that the ship owner had a right to claim the freight once the bills of lading were signed. Thus the ship onwer’s right accrued prior to the ship’s arrest and the chaterparty’s termination. Therefore not only was the ship owner entitled to claim the freight, the chaterer was not entitled to offset damages arising out of the breach of a charterparty relative to the freight claim.5 The facts of The Dominique are entirely similar to the facts of the case for discussion. Payment for the freight was due once the ship sailed from Piraeus. Therefore O’s claim predates the perils at sea and the subsequent salvage operations. In this regard, O can successfully pursue a claim against VC for the outstanding freight. The action may be commenced by filing an action is rem. An action is rem is an action not against a ship, although it impacts the ship’s owner.6 The ship in question is the Jolly Roger owned by VC and purportedly arriving in the UK, which is the only asset that VC will have in the UK. The jurisdiction for filing an action in rem is facilitated by Section 20(2) of the Supreme Court Act 1981. In this regard, Section 20(2) of the 1981 Act provides that actions in rem may be pursued in any of the two following circumstances: (g)  any claim for loss of or damage to goods carried in a ship; (h)  any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship.7 In addition, the jurisdiction of the Admiralty Court may be invoked relative to an action in rem when: (a) the claim arises in connection with a ship; and (b) The person who would be liable on the claim in an action

Wednesday, September 25, 2019

Understanding conflict management in the workplace Essay

Understanding conflict management in the workplace - Essay Example Understanding conflict management in the workplace Causes of conflicts at work Conflicts in the work places arise from various factors. First are the personality clashes. Based on the fact that each of the employees has his or her own personality, their ideas may differ thus resulting to a crash. Secondly is the dominance issue. During their daily duties, employees are engaged with their managers while in a meeting or other social activities. In the process some employees tend to be authoritative to their colleagues while actually they are not in a management level as a result other employees feel discriminated resulting to a conflict. One of the issues that caused a conflict at Peytons General Supplies, my place of work was the failure to communicate openly and honestly. One of our sales executive took a client who belonged to another sales representative without communicating it and started selling our brands to him. After the two learnt they are dealing with the same client a conflict emerged that called for the intervention of th e director. Another cause of conflict in my organization is stressful situations. Based on our busy schedule, I have noticed that some of my colleagues have been engaged in conflicts and when we intervene in our efforts to solve the issue, we realize that they are mostly stressed. Climate of mistrust and competition among the employees is another cause of conflicts in both at small and large firms.... Within an organization, it is vital for individual to identify the basis stages of conflict in order to handle it effectively. Conflicts happen in eight stages. The first one is the situation where there is no conflict. During this stage, employees are working normally. Secondly is the latent conflict. This implies that there is small but hidden conflict among the individuals or teams. The third stage is the emergence. During this stage, the actual conflicts occur. However, only the subjects involved in the conflicts are aware of it. During escalation which is the fourth stage, the conflicts grow and it is possible for any one around to see that there is a conflict between the parties. The fifth stage is the stalemate. During this stage, each of the parties involved blames the other and becomes hard for anyone to settle the conflict. Stalemate may stay for a long time thus individuals intervening to solve the conflict must use effective tactics to bring together the parties involved in the conflict. The sixth stage is the De-escalation. This means that the conflicts starts to decrease and the parties involved can now meet and try to settle their differences. The seventh stage is settlement or resolution. This entails coming up with the solution to the cause of the conflict. The last stage is peace building and reconciliation. After the conflict, it is fundamental that the parties engage in regular meetings and discuss issue that affects them as a way of creating peace. Effects of conflict on individual and team performance at work Conflict is one of the key issues that can cause reduction in the productivity of the employees as well as the profitability of a firm. At the

Tuesday, September 24, 2019

British Constitution Essay Example | Topics and Well Written Essays - 1000 words - 1

British Constitution - Essay Example Though the British constitution is conventionally held to be unwritten, a cursory look at the main sources of the constitution provided above by Brazier, reveals that to quite a large extent, the UK constitution has a written nature. The concept of parliamentary supremacy in the British constitution makes the Acts of Parliament superior to any other source of law and as such, Parliament can, and does amend the constitution and creates more statutes that are constitutional in nature. (Loveland, 2006) Whereas other sources of the constitution like conventions and the Royal prerogative are mostly unwritten and reflect accepted norms and practices established over time that are held to be binding, (Barnett, 2006; Durkin and Gay, 2005) they do not come into being on a consistent basis as do statutes. The increasing proliferation of statutes of a constitutional nature (especially under the Labour's constitutional reform programme), thus implies a move in the direction of a more documentary nature of the British constitution. Consequently, to argue that the United Kingdom is moving towards a documentary constitution is to recognise the largely written nature of the constitution, coming from sources li... Despite the 'infinite' nature of the British constitution, a panoramic review of statutes of constitutional significance would show the historical trend towards a more written constitution. Acts like the Habeas Corpus Act 1679, the Bill of Rights 1689, the Act of Settlement 1701, Act of Union 1707, the Parliament Acts of 1911 and 1949, Representation of the Peoples Act 1928, Representation of the Peoples Act 1949 and the European Communities Act 1972, all hold important positions in the British constitution and they are all written. (Barnett, 2007) The coming into power of the Labour government in 1997 and its implementation of the constitutional reform programme has added to the increasing documentary nature of the British constitution. The passing of important statutes like the Human Rights Act 1998, the House of Lords Act 1999, Freedom of Information Act 2000, and the Constitutional Reform Act 2005, are testaments to the move towards a documentary constitution. The various devolution Acts (i.e. the Scotland Act 1998, the Government of Wales Act 1998, and the Northern Ireland Act 1998) have also established in a constitutional and documentary manner the relationship between Westminster and the devolved entities within the context of a unitary state. Also as Lord Justice Laws opined (obiter) in Thoburn v Sunderland City Council, statutes may be conceived of either in ordinary terms or in constitutional terms. Going by Lord Justice Laws opinion of Acts of Parliament would thus establish a hierarchy of statutes - some ordinary and others 'constitutional statutes'. Thus the more 'constitutional statutes' that Parliament passes would be

Monday, September 23, 2019

Incentives and Disincentives for Corporations entering the Texan Research Paper

Incentives and Disincentives for Corporations entering the Texan financial industry compared to other U.S. states in general - Research Paper Example The outstanding leadership of Governor Rick Perry has promoted the growth of the Texas State and eventual recognition of the Texas model for economic development. The no income tax policy, minimal government interference, and maintaining fiscal discipline has promoted an increase in population and newly created jobs. Texas State has been so successful that Governor Perry has been flaunting the Texas economic benefits and openly luring businesses from California, Maryland and other states to â€Å"think Texas† and relocate to the Lone Star State. Introduction In the  United States of America, Texas State  is the  second largest  and has the second highest number of inhabitants out of all the  50 states.   (Hess and Sauter, 2013) observe that the 2012 US national economy grew, and Texas and California, some of its largest state economies grew more rapidly. California has the largest state economy, closely followed by Texas. According to the International Monetary Fun d 2011 rankings, Texas has a GDP of $1.2 trillion, that is, 8 percent of the total U.S. GDP. It is further recorded that the 2012 Texan GDP went up by almost twice the 2.5% of the total U.S. GDP. ... compared to other states, it leads in the agriculture , space and biomedical sciences, computers  and  computer electronics, energy and petrochemical firms. The mining industry, the largest in the U.S. that consists of oil and gas extraction has energy firms such as ConocoPhillips, Exxon Mobil is based there. American Airlines is based in Fort Worth while Southwest Airlines is based in Dallas. The Lone Star state is the pillar of the U.S. Air Force and lots of others all over the world as it makes its own fighter jets and has massive quantities of weapons-grade plutonium near Amarillo. The NASA Johnson Space Center, an aerospace center, the Dallas Cowboys and the Houston Texans football teams, the  Texas Rangers  and the  Houston Astros baseball teams and the  Houston Rockets, the  San Antonio Spurs, and the  Dallas Mavericks basketball teams and the Dallas Stars hockey team are all based in Texas State.   Population growth and energy manufacture in Texas have incre ased the Texan GDP rate by 4.8%. In 2012, population grew by about 1.7% and the energy industry accounted for $123.3 billion of the nation's $285.2 billion output (Hess and Sauter, 2013). Just like Florida, Nevada, South Dakota and Washington, Texas is a no income tax state (Wood, 2013). Among the 50 states, Texas ranks relatively low in terms of tax burdens and taxation on consumption. Texas  Governor Rick Perry has always been enticing Americans to relocate to Texas using the â€Å"no state income tax† tag line and pointing out the benefits of residing in the Lone Star State. The Texas’ economy is entirely diversified and not reliant on any one industry. As countless states are still tussling to develop their finances, Texas not only has all it needs for its critical roles, but also upholds a fiscally

Sunday, September 22, 2019

Approaches to Standard Setting in Accounting Essay - 1

Approaches to Standard Setting in Accounting - Essay Example Financial statements are prepared and presented through observation of relevant accounting standards and procedures. Users of these statements, therefore, need to derive assessments that are realistic in regard to any given entity’s financial status. These users are spread across the economic context, based on the interest of each of them in the financial positions of different entities. To act in the satisfaction of these stakeholders, accounting standards are crucial in ensuring that financial reporting is effective enough. In this regard, capital markets operations are assessed for their efficacy in the context of accounting standards integration. The impacts of accounting standards on different entities can take more than one way. The impacts can be individual-entity-based or even broader to encompass several sectors of the economy or the entire economy at large, including capital and other markets. On a smaller scale, accounting standards enhance individual entity account ability and further provide strong basis upon which investors, creditors and other stakeholders are managed. In general, corporate governance is improved prior to business arrangements of different entities. ... Literature Review McLeay and Merkl (2004, p.341) notes that accounting standards operate by setting out general rules to be followed in financial statements’ preparation and financial reporting. These rules are practical prior to the accounting work in question. Entities differ in financial reporting methods through similar or close accounting standards are observed. This is due to the fact that there are a number of setters of accounting standards around the world. According to Bennett & Loucks (2008, p.407-419), major accounting standard setting bodies around the world include: Basel Committee on Banking Supervision (BCBS), Committee on the Global Financial Systems (CGFS), Committee on Payment and Settlement System (CPSS), Financial Action Task Force on Money Laundering (FATF), Financial Accounting Standards Board (FASB), Financial Stability Board (FSB), International Association of Deposit Insurers (IADI), International Association of Insurance Supervisors (IAIS), Internati onal Accounting Standards Board (IASB), International Monetary Board (IMF), World Bank (WB), among others. In the UK, GAAP is responsible for setting accounting standards and regulating observance of company law. Accounting standards have three basic concepts that they account for. The first concept is to present the underlying problem. In this case, an intensive description of the underlying problem is presented. Upon the realization of a problem, there is the need to get a solution to the problem. The second concept is therefore that of fixing the problem highlighted in the first concept. Fundamental accounting theory is explored in pursuit of finding a viable solution to the

Saturday, September 21, 2019

Persuasive speech outline Essay Example for Free

Persuasive speech outline Essay Believe it or not, according to choices.com, about 3,000,000 teens drop out of high school each year. That’s approximately 7,000 a day. This is not only hurting their success and the amount of money they can earn, but also the economy of the entire United States. Although some people might think every teen should be able to make the decision to drop out or stay in high school themselves, but teens need to realize the consequences that come with dropping out. When you’re is a young teen you may not be thinking about how your decisions can affect your future, without a high school education you cannot attend college, this will make it harder for you to find a high paying job, let alone a job at all. II. Need Step A. When a person is a young adolescent, they’re thinking about now, not the future, and they may regret the decision to drop out later. ââ€" Most of the teenagers that end up dropping out of high school are thinking about how much they don’t want to be at school or how they cannot handle the workload. ââ€" Sometimes teens have actual trouble in school and going to regular high school isn’t the best option, but they still need to get an education somehow, even if its online classes. In other cases, teens just don’t want to go to high school, and that’s their reasoning for dropping out. They aren’t thinking about their future. ââ€" According to State Representative Martha Waltz of Boston, few, if any, 16 year olds have the wisdom and knowledge to understand the lifelong consequences of ending their high school education at 16

Friday, September 20, 2019

A Study Of Change Management At Mcdonalds Commerce Essay

A Study Of Change Management At Mcdonalds Commerce Essay McDonalds  is one of the biggest food organisation in the world, and  has  established its own operating restaurants and its franchises   which is  about  28,700  selling points  in 110 countries.  Another most important aspect is  Food business is  much interested  among  young adults,  children  and  adolescents.  Therefore,  The Company  provides an enjoyable environment to their customers which is very secure and safe  where  all of their customers spend to  joyfully and they can get less expensive  food in a clean installation  as well as the food company offers a unique interior  designs and its own inner clown  (Debre, 2005).  Furthermore,  McDonalds  put tremendous  efforts to  maintain  healthy  relationships with its  suppliers and  franchisees.  The organisation continuously enhancing their services, supporting timely management and its capital operations to their partners. Therefore, this makes  its   suppliers and  the franchisees  loyalty  I think, this kind of strategies will make their partners involve more effectively in work to achieve the organisation goals  (Aswathappa, 2006).  However, the food corporation  continuously  works with innovative  ideas  towards the needs and  to grow during the operation without problems (Russell and  Gubman,  2006).  In this research paper, I  am determined to find out  key strengths and challenges of  managing change  at Mc Donalds and will present a comprehensive documentation by discussing an important areas with examples about How this food company managed  to survive  competitively  in the  global  business environment. The most surprising news is that from over 110 countries everyday approximately about 53 million customers eat at McDonalds. Although McDonalds  has huge private  franchisees to its chain of  restaurants. However I think, the core management  functions  play a vital role to determine the success of the any organisation.  Therefore, i would like to take an opportunity to  discuss how  the core functions influencing the organisational management with the impact of  globalization  such as  controlling, directing, organising and  planning. McDonald is constantly leading as a present and future leader in the global food business environment.  At the same time, it is very important that the company must have to focus on international and local investment and trade as this food corporation working more than in 100 countries. Moreover,  the company should keep utilizing creative and new technologies to enhance  the business and to promote  new solutions and products to sustain  its  position as a global business leader in food business.  Furthermore, McDonalds should look at  its  common goal and also, take care of  publicity and  Customers  satisfaction. The demands McDonald, McDonald strongly urge for what he strongly component McDonald should win for that diversity with McDonalds is thinking about the meet. With a daily reach of every culture daily scope McDonald McDonalds just about access to almost all cultures, which many operations ambiguous / moral issues is clearly working. To solve more complex than the wider dissemination of a culture growing demand for spreading culture and morality. In this letter, we will examine how / external / internal factors impact the McDonalds impact of globalization, technology, innovation, diversity, one of four work ethics affect management. Globalization is the process of interaction and integration between people, companies and governments of various n ations. It is a process driven by international trade and investment and international assistance is aided by technology. It affects the environment around the world, around the culture in society, political systems and affects the welfare of human betterment. Purpose    Goals and objectives The purpose of this report for the purpose of change for an integrated portfolio of integrated change McDonalds McDonalds is present. The purpose of this study was found outside the driver for this purpose, the local fast food joint to identify the causes of change and this will be achieved through and insects. With analysis of the region I field army insect. It is also to identify and study the kinds of changes facing McDonalds McDonalds exchange rate I justify the purpose of SS cause. In addition, management of change within the repo repo I T IT change management process will introduce the McDonald McDonald, contextual change model using model reference currency. A number of books, magazines and newspapers to magazines to prepare this report information collected was deposited. The report will be divided into several sections and will include a summary of findings and recommendations is also as well as the findings and conclusions. Collection and interpretation: The need for change Now this report analysis of an insect plague, force field analysis force for change in the operational reasons will be identified. McDonald. McDonalds policy is that U.S.A.A. politicians were invited by the U.S.A.A. government to ensure the health of their customers are. The company admitted that their suppliers have some heavy promotion of development roughly antibiotic chicken, beef and pork through the use of antibiotic drugs were stimulants. These chemicals were shown to be harmful is harmful to human health and food giant to help the authorities to curb the practice is said. McDonalds has asked the suppliers to the meat industry to eliminate or phase out businesses lose custom. Company for the Ethical Treatment of Animals is working with people, animals and took the checkered (Greider, 2003) are killed reform. McDonalds has faced its share in the management of its activities have had to face difficulties. How about discussing the issue of using McDonalds uses and how to manage their stock before the last work of its new stock management system the company benefited their implementation. Securities business will benefit. To manage stock efficiently, it requires a balance of meeting customers needs is needed between reducing waste. After customers to reduce waste. The last element of the demand for accurate prediction is that food need not be done by forecasting threw away rejected once more efficient and often not be efficient control should be controlling shares of stock of raw material. However, it can be hard as a customer, because customer preferences often change. The McDonalds need to focus on product expansion and many products are produced To reduce waste and become more challenging and are less focused. difficult. All companies face business challenges every day. Major challenges facing McDonalds stock management of. Stock list management. List Management Meeting customers need to create a balance between customers, while at the same time together to reduce waste whilst. Lack of waste: is: First, the stock was taken care of restaurant knowledge and information by using first and restaurant managers participated. The great amount of time because mangers cribs demand forecast spend. This prophecy. Also, its going one way and not one easy account and other factors (seasonal changes changes, holidays) do not have. In 2004, McDonalds McDonald implement a new stock management team as the Restaurant Supply Planning Department Planning Department offers restaurant called shares was launched. Team, local restaurant, local restaurant managers, many factors that affect many stocks, including many in communicating with the demand expected in the forecast system to predict the menu items. To ensure that content is used only new stock always used, but were mangers McDonald, fifo method uses cribs to address McDonalds stock. Meet different people. Stock action is needed to be done for the management of various types were a.Raw content. Former content. Example: vegetables, meat, packaging Progress in b.Work. Goods are in the process of becoming a finished product that is being converted into products c.Finished products. The products of these items are ready for sale venda Management system using the stock list, stock enough for McDonalds was able to ensure safe enough stock was available when needed. Use Porters competitive forces model Porter to gain a competitive advantage 1. A good model to analyze competitive position analysis McDonalds that are living within your industry estimates using the known model Porters    Porters five forces model to analyze the competitive forces including the need. Analyzed. These forces include the intensity of rivalry from competitors are the traditional rivalries, new market entrants to the market risk, options and threats products or services, bargaining power of customers and suppliers Laudon (Laudon, 2007) the bargaining power. See picture below; Traditional competitors (competitive rivalry) McDonalds    Traditional rivals, competition, rivalry () McDonalds fast food shops traditional competitors other restaurants across the country, namely, ie including the number, Burger King, Taco Bell, C, F, is Wendy. Wendys. This is shown Professor Michael (2004) Waterson was demonstrated by the presence of a Burger King, for example, the likelihood that growth will be open from McDonalds McDonalds. It this way. So you have seen can be seen that the risk of more intense competition from traditional rivals, but never do. Quality Internationally for the quality of McDonalds McDonalds quality reputation is known. It is known. It is particularly unusual, unique, because the highest quality standards are maintained at very reasonable prices. When you eat McDonalds, McDonalds customers expect high quality food and food service. Ensures that customer expectations McDonald McDonalds are all met. Only the best best quality food products is not guaranteed that they serve the food to ensure quality standards are met and fulfilled any hot food hot and fresh that fresh, is served is not. Keys for quality submitted by a manager for McDonalds is TLC tender love and care, where all efforts are motivated directed to maintain this quality standard. Why one needs a change was necessary In the past, orders were served individual stock orders restaurant managers had the responsibility of managers. Restaurant, ordered the stock. Using their local knowledge Sort by stock, and as well as data from the shop sold the last days, weeks and months. For example, if last weeks sales figures revealed last week they were selling coffee that sold 100 units and net sales were up 10% increase, he expects this week to sell 110 units is expected. New System In 2004, McDonalds list of restaurant management, restaurant supply scheme known as the Department shares a central role in the ceremony started Planning Department provides a specialist. The team with the restaurant manager, restaurant communications computer regularly on a regular basis to detect Learn about local events. Teams new planning and forecasting system based on these factors makes (Manugistics is called) for the menu item over the possibility of forecasting the demand forecast (Mac egBig MACS egBig). This case study looks at how McDonalds check through their management systems and gain share is operating its activities has been successful. However, none involved a simple way to calculate and account factors such as national promotion or national school holidays is to take. The restaurant manager restaurant manager, a very long long time, leaving less time for the quality of restaurant food, service and cleanliness to focus on. Economic Accommodation: Increase in the number of children in the 1950s due to increased per capita income. This time saw a good economic period in the number of suburbs in the United States increased U.S.A.A. growth districts and encouraged to increase the series promotes dissemination chain restaurants like McDonalds restaurant. The company has opened restaurants in convenient locations where families in the performance of their car very cheap fast food meal can Debres ((Debre, 2005). McDonalds restaurants in the U.S.A. by the number present in a large number of American suburbs and in 1965 the company decade of 1970 to avoid locations within the city center locations avoided. The company has gone outside the U.S.A.A in 1967 move into the U.S.A.A. and Canada and came to Puerto Rico. It raided in Europe and later forayed revealed that this address will not be successful if it continues to successfully work in the suburbs. This has been a commercial business development Europes main markets in Europe suburbs and central cities (Debres city (Debre, 2005) did. Social: During 1950 and 1960 McDonalds increased its popularity increased in the decade when the U.S.A.A. changed in my lifestyle change and the pleasures of post-war period began. The high number of Americans have decided that more children have chosen and a common three or more families of children with visual spectacle visited. McDonald family is oriented towards the market and focus young children, adolescents and young adults (Debres Debre, 2005) has focused on attracting. Today, customers receive the visit of these places appreciate food joints to eat a sense of freedom they think they see in convenience at a time step. Young established. Young Adult Self concept and self-service with minimum adult are very happy about the adults who have contact with a minimum in the restaurant. Customers also enjoy the noise fun, comfortable environment and McDonalds restaurants (Debres Debre, 2005) a bright color. Technical Technology McDonald to face difficult times during the late 1900s 1900 season and was quickly -2000 late 2000. The car company in the leadership of their products and services focus on product innovation. Company to bring these changes to beat the competition to control and maintain market created. McDonalds has increased focus on customers and asked people to invite new ideas. These ideas are turned into new products and processes and the company, launched a new mantra in action: a guess, start small and scale fast Gubman (and Russell, 2006). The company has set up shop with a model number with a number one in the kitchen cooking produced a warehouse. New product and process innovation and tried and tested in some restaurant experts to participate in peer test. This helped them to Market a new product Gubman (unching and Russell, 2006 LA first menu test) Force Field    Analysis Group Field Lewins    Field Force identified problems Lewin analysis helps to identify and planned efforts to change organizations in the deployment of the deployment. The analysis for the driving force behind both change and resistance (Harwell, 2000) recognizes the changing forces. Force Field Analysis Group Field Resistance to change driving force resistance Resistance to change: We all know that people are generally resistant to change. Less often from the comfort of familiar challenge of the unknown is acceptable palatability. Home. When human organization a human face to talk constituent components are confronted with new ways to adopt, it is not surprising that they can be very uncooperative co. It is said that most people resist change this song Most people that have not been successful in their opposition to any change pockets. Your pocket. For resistance may be rational or emotional sources of change, but the fact is that if early elections in the first phase of the protest did not cause serious problems if the major focus in the organization, as well as in implemented, says the change, as quoted by Maurer correct claims resistance kills change .. Therefore,    So a first step in the management of change because people change and opposition know. Some of them happen, can not not like them can change the choice: uncertainty with negative impact on the interests alleged eagerly reported discomfort; Attachment established culture / talk to / following methods; alleged psychological contract alleged bleach , lack, lack of confidence that change, lack of need required; what is expected as the lack of clarity, confidence in expectations, a significant change being that the proposed change is unfair, faith, believe that while the weather is wrong .s bad. Excessive change, cumulative adaptation, The cumulative effect of changes in the lives of others, in the lives of others admitted, alleged encounter with ethics, reaction, reactions to the experience of past changes, disagreements like how they are managing Disagree with change is managed, etc. is going. Order., Some of the strategy to overcome some resistance, such as education, education and communication can be used, participation, partnership and participation, convenience, convenience and assistance, discussion, dialogue and compromise, manipulation, manipulation and cooperation, clear clear and ambiguous rape etc. and Jaffe Scott, according to the resistance that is one step away from that person when people start their ends and as a past and their potential role ability to pay more confident that those who face the future For the best strategy to use partnered Use participation to reduce resistance is to reduce resistance to change. Change. Once people believe that change is necessary, and that change in terms of doing the right changes, your right, this time with the implementation and sustainability of changes to move forward. Implementation    Few problems easily implemented without income, but Kurts Force Field Analysis Lewin Lewin great help in implementing the changes can be very helpful. Step 3 to change the process of change Lewin has, these are steps Unfreezing The current state of the company present - descongelacions ; making, change use; refreezing , refreeze in the company because its new desired state so as members work and her previous role of behavior and behavior on paper is not returned. Then comes the last final stage where changes are consolidated. A McDonalds food for some communities accepted food standards (Debres Standard (Debre, 2005). B. late for McDonalds that of 1990 lasted for decades in the business quickly -2000 faced recession faced recession. Income gains were dipping diving, and competition Gubman (and Russell, 2006) was increasing. A McDonalds management McDonalds until they change their product with a very constant opposition to (Debres, Debre had refused to face opposition, 2005). B. 1990 McDonalds leaders capable way out of recession in the decade of business to solve problems arising contraction result were not able to locate. Only operations only company, focusing on distribution, and concentrate costs and customers did not pay much attention on customer needs. The company should not be devalued their Brand, but a degree of regional variation to allow local clients Gubman (attracting and Russell, 2006). McDonald McDonalds restaurant to change local cultures are known for their needs must. The company changed its business to modify its methods and optimization does not like foreign cultures (Debres Debre, 2005) is not conducive to. Strong change Organizational change process in an organizations resources to help test, the organization reviews its strengths and its weaknesses and. For those involved in change management, managing the biggest one of the biggest challenges to try to try to ensure that change is not just a temporary phase. Therefore, a permanent one for something to stop it going to be new and different from common usage and to be seen as, it should be, but for those newcomers to the organizations general condition became normal . organization. Thats why it should become an integral part of day to day work. everyday work. Types of organizational change O rganizational Change Type: The four types of organizational change model, there is a description of four types of organizational change model described by S. Nadler et al (1995) are: Tuning, reorientation, adaption or re orientation, re-creation or adaptation (Jain, 2005) that . These models now have 4 reports describing the report describes and models that McDonalds. McDonalds is being used by identity. Tuning    Authors description as the most common type of transition model tuning adjustments. Tuning is also at least, fast and least risky. The following companies less risky. Such type of model predictions and the companies learn to avoid problems should stop. They should not just wait for the bus is expected to go before they do something wrong that some appropriate action in any appropriate has decided to fix. example, for example, dupont a client program has adopted to promote their customer marketing efforts. Under this program the company themselves blue collar workers said that their clients once a month Visit clients. This was discussed during the visit were to employees needs customers and customers in their dupont factory act as representative. This approach is very different from the traditional model, where companies usually customers usually expect complaints from customers, and try to wait for them to heal when they try to achieve a complaint (Jain, 2005). Optimization To some extent the model of organizational change organizational model is similar to tuning adjustments. However, the model problems of companies in foreign companies, or in response to pressure changes in their organization to implement. Example, for instance, General Motors and Chrysler quite experienced great change their strategy after Ford was under pressure was a great success with aerodynamic styling. Design. This success led both companies to expand their product lines to effectively compete with larger competition with Chrysler did (Jain, 2005). Reorientation    The rate of change of such changes in business strategy reorientation and some anticipation. Even as researchers Researchers organizations bending structure as frame bending model to include this type of model should be mentioned is important redirected. However, funnel. However, companies should not have to completely break from their past and only a few relevant changes apply. This approach to a fast food companies to come with a little creativity to your customers (Jain, 2005) is between reaching very popular among people. Re-creation is the model of organizational changes to bring the most intense and high-risk types have been identified type. These changes began as common as common due to the high pressure is a strong contender. For example, Mercedes is trying very hard to make great in the U.S.A.A. are the two most rapidly growing areas sharply increase its footprint effort. America. The companys attractive market for light trucks, minivans market and a market share is and want to introduce minivans and four wheel drive sports utility vehicles, sport utility (Jain, 2005) vehicles. Analysis of this discussion shows that using McDonalds McDonalds reorientation reorientation model is changed .. Not change its entire business strategy is not great food, but for some reforms of his business success in new markets Debres (This ensures Debre, 2005). Management    Change Management Process Although researchers know that I changed a stable S, He, who recently have begun to understand the dynamics change. Principles for managing change. Are still in theory of change management is emerging and existing companies are currently testing a number of series and error using the address change process (Mclagan McLagan, 2002) procedures to deal with. One popular model of change is changing Lewins three steps: unfreeze, transition, infection Refreeze. Refrozen. The first phase includes steps to open more employees to change and reduce her anxiety level. In this stage, employees begin to get ready to become a more ready to hear about new changes listen. The second phase includes early employees, which can be done on trust by human resource professionals or professional managers involved in introducing new ideas or human resources department. The final phase of development at the end of stage employees change their behavior in organizational behavior and tax Weick (and agreed to a ccept the staff include Quinn, 1999). McDonalds to use this model can apply major changes in the organization of relevant McDonalds management. The first company that already describe the benefits of employees may change gradually implementing changes in facilities and staff to persuade workers to use new policies and practices. Thus doing so, the new company will quickly adjust to new areas in local culture. Too. Similarly, it would be better, will the company compete with other players in the market equipped. Human Resources Human Resource Department for the company with the objective of which is the effect that employees are advised of changes to optimize organizations can use to adjust the lawyer can. Summary of findings, conclusions and recommendations Research clearly shows that despite the huge popularity McDonald met, this McDonalds, which still needs to be changed continuously Gubman (and Russell, 2006) to enhance change. Pest analysis organization that monitors the conduct of companies reflects the political pressure on the pest companies .. McDonalds to ensure access to healthy food policies for obtaining raw materials should ensure procurement of materials and their uses changed suppliers when necessary (required Greider, 2003). The company has received U.S.A.A. economic success in America but in Europe it is a different European market-driven (Debres Debre, 2005) should have. Thus, management must recognize that the business model may not be applicable in all areas of the world. Their environment, their atmosphere so high customer company (Debres Debre, 2005)) will not change is not appreciated by, but to consistently maintain their products and services and maintain a new Gubman (living and should Russells , 2006). Army forces also showed resistance to change as McDonalds McDonalds management changes introduced only when faced by opposition consistently shows analysis of the field analysis. The company should immediately adopt a foreign culture and customer focus more on customers ((Debre, 2005) Debres needs. As noted above discussed, the companys organizational model of organizational change model type reorientation as is using and will use Lewin Lewins three stages of the process of change uilitzeu necessary changes in relevant organizations Weick (to receive and bring Quinn, 1999). Challenges: Despite their efforts, still remains Britains McDonalds McDonalds unhealthy food, increase in obesity in Britain associated with employment growth and employment, without prospects, need time Word image constructed by the organization. Organization. His nationally recognized for its ability accredited diploma through the development of staff training efforts, QCA is valid, refuses to recognize them has been compromised by universities refused to recognize. Books and films, promotional films McDonald McDonalds which is the target of severe criticism of the negative aspects of the organizations propaganda. Organization. Company healthy company, options thats healthy criticism has been criticized, for example in salad dressing, high fat content for a salad .. McDonald has seen the McDonalds instigated litigation petition, because the companys electric power generation companys financial public legal proceedings was considered aggressive. Outlook: McDonalds as a small short-term approach, because it is positive McDonalds has responded to consumer demand and provides a comprehensive expansion of its territory affected by the recession hit a low cost to get takeaway option provides is. Company image and appeal of the problem has been addressed that attract consumers to a wider scope wider range offering a larger increase in business. Instead of expanding into new areas to expand the existing market development through moving step plan to develop, with opportunities in emerging markets economies, due to, for example, increased use of car to drive cars, use restaurant through more premium. Overall, in general, a good organization organization works to expand your business potential margin expansion and broadening its offer through the covered areas is already ambivalent. Conclusion McDonald McDonald for their products and services constantly change constantly to stay ahead of the competition put Gubman (and Russell, 2006) is. The company must meet soon for the local market is very conducive to attract local customers that you more easily accepted in this area can. Phase three phases of Lewins model of change in the mindset of bringing Lewin model can be achieved McDonald Weick (and Quinn, 1999 age old stereotypical thinking management of McDonalds management). His view can replace with contemporary theories can, but they can protest and are sticking like, old ways of customs operations tend to live with. But still, this change will benefit the organization in a very long term, as the globalization of the market and more players can change may have begun reluctantly For the development of the company proved the companys market is fatal.

Thursday, September 19, 2019

Charlemagne :: essays research papers

Charlemagne There was relatively little commerce in Western Europe. Roads, bridges, and the infrastructure generally were non-existent. Furthermore, the countryside was unsafe for travel due to a lack of organized law enforcement. Small villages had to take care of themselves; therefore, manufacturing was carried on only to the extent that was needed to supply local needs. In the little kingdoms or principalities, the lands over which a King ruled were regarded as no different from other property. Among the Franks, all sons were entitled to a share. Therefore, when a King died, each son became a King over his own little kingdom. Thus, many political units became small so there were no uniform laws or policies. This lack of unity made them vulnerable to enemies as well as conflict from within. Bullough points out that the loyalty of a warrior or subject to his chosen leader was not a light matter. The author does not contrast that concept of loyalty however, with our present ideas of loyalty to the homeland or institution. â€Å"The apprenticeship of a King† describes how Charlemagne gained power through conquest and diplomacy. In 768, King Pippin died and his kingdom was divided between his two sons. Charles, the elder, and the younger was Carloman. The author says that little is known of Charles’ boyhood. When he was of the right age, it is recorded that he worked eagerly at riding and hunting. It was the custom of the Franks to ride and be practiced in the use of arms and ways of hunting. We may reasonably infer that acquiring these skills formed a major part of his early education. Charles was not a â€Å"man of letters† and the author makes no attempt at explaining this other than to point out that literacy was considered unimportant at that time for anyone other than the clergy and Charles didn’t become interested in â€Å"letters† until later in life. Bullough explains a number of experiences in public duties and responsibilities, which were assigned to Charles by his father, thus, giving him an apprenticeship to rule the kingdom. For some reason tension between Charles and his brother began shortly after their accession. The author explains a number of conflicts. The younger brother died however, at the end of 771 and a number of prominent people in his kingdom offered allegiance to Charles. Bullough names and explains those subjects. The result was the re-uniting of those territories, which helped to establish the kingdom of the Franks.

Wednesday, September 18, 2019

Comparing the Movies, Fight Club and Gladiator Essay -- Film Compare C

Comparing the Movies, Fight Club and Gladiator People today enjoy the same things that people enjoyed during the Roman Empire. In the movie, Gladiator, Maximus fights in the Coliseum in front of all the people of Rome. In the movie Fight Club they have fights between different people in front of all the people of the club. This shows that people who lived 1000s of years before us where entertained by violence just like most of us are today. The theme that ties both Fight Club and Gladiator together is people are entertained by violence. The movie Gladiator starts off by Maximus Decimus Meridas, who is played by Russel Crowe, being a respected general of Rome. Maximus leads the Roman army in a successful defeat against the barbarians. After this battle is over Maximus is confronted by the elderly Roman emperor and he tells him that he will be the next emperor of Rome when he passes away. The emperor’s son (Commodus) hears of this and murders his father. Now he is Emperor Commodus and orders to kill Maximus and his family. His family is murdered but Maximus ge...

Tuesday, September 17, 2019

Gay and lesbians today :: essays research papers fc

Gay and lesbians today In was late July of 1999, five of my buddies and I had just graduated from high school and we were enjoying one of the greatest summers of our lives in Ocean City, Maryland. We were renting out what we thought was the best bachelor pad in all of O.C. on 139th street. Even friends of ours that we graduated with and had known for several years were living at the beach as well. Life was good. But two girls in particular that all of our friends knew from Paint Branch H.S. would, throughout the remainder of the summer, indirectly change and redefine the way in which most of us thought about homosexual relationships. Mel and Kel had always been close amongst our circle of friends and naturally know one ever suspected that either of them were outfitted for a lesbian lifestyle, at least not both of them. It was during that unforgettable summer that their other lifestyle would become vividly clear to the rest of us. The majority of us openly embraced their relationship and undoubtedly respected their audacity to endure the resentment and unacceptance that they may possibly confront one day. But, it was not until two years later that Mel and Kel would challenge their friends’ opinions again, only this time concerning a much more controversial issue. Apparently over the course of the two-year relationship that Mel and Kel had spent together, a commitment had developed between them that only few of us could possibly fathom. They were convinced that the unconditional devotion they shared was worthy of a unique union, and that this devotedness they shared would endure for a lifetime.  Ã‚  Ã‚  Ã‚  Ã‚   In a Utopian society most of us would rejoice in knowing that two people such as Mel and Kel who care so deeply for one another, have found each other and are willing to spend the rest of their lives together. Unfortunately we don’t live in a society of that quality and admiration. In any culture, it’s generally conceived that the family is the absolute core of a society. In that, the norms and values of a civilization are directly conveyed from one generation to another through this bloodline. But what exactly is a family? Are there distinct specifications, qualifications or even guidelines that govern the framework for what a family should be? In the Webster’s dictionary a â€Å"family† is clearly defined as: â€Å"the basic unit in society having as its nucleus two or more adults living together and cooperating in the care and rearing of their own or adopted children.

Coffee †Brazil Essay

The story seems to begin in Ethiopia, where the coffee berry grew wild. Goatherds there noted that goats which ate leaves and berries of the plant remained awake all night. The Arabs claim that they developed the plant during the reign of Mohammed (c675 AD). Believe that if you wish – we are going with the Ethiopian story. Consumed originally as a food, it would take on the character of a medicinal and eventually that of a social drink. The coffee tree grows to a height of 14 to 20 feet, producing (along with bright green leaves and white flowers) a berry which, as it matures, goes from green to yellow to red. Harvested red, they are placed in water so that the good berries will sink and all the debris will float. The berries are then pulped to extract the beans, there being two beans per berry, the beans having a bluish-green color. Next they are dried and cured for several weeks, becoming hard and yellow. Roasting is next, at the high temperature of 900 degrees Fahrenheit for 17 minutes, then they are stored (aged) and eventually ground into coarse granules. One is obliged to wonder how this all came about: who was the first to decide that roasting the beans would do anything good to them? The decaffeinated type of coffee is made by treating the green beans with chlorine-based solvents prior to the rest of the process. There are some 30 species of the plant, the most important being: Brazilian, Mild, Robusta (or â€Å"African†) and Arabian, the last being the predominant tree of the Americas. Discovered by Arabs traveling in Ethiopia in the 13th century, it was taken to Arabia and flourished at Mocha in Yemen, where the Arabic name for it was â€Å"qahwah† and from that word to â€Å"coffee†. It’s popularity steadily increased. In the 1500s it arrived in Turkey, and in Italy in the 1600s. About this time, establishments for preparing the drink (â€Å"coffee houses†) sprang up all over Europe. In 1714 the French succeeded in bringing a live cutting to their island of Martinique, and, from that single plant, coffee growing spread throughout Central and South America. Meanwhile, the Portuguese introduced the plant into their colony of Brazil, where it took readily. In fact, Brazil today produces 25% of the world’s coffee, and Central and South America combined produces two-thirds of the world’s supply. Since coffee grows in Java and Southeast Asia, an alternate name for coffee is â€Å"java†. Then Starbucks came along and showed how coffee could be jazzed up by adding other things to it. At a hefty price.

Monday, September 16, 2019

Cipd

DEP F301A (L&D) CIPD Assessment Activity Template Title of unit/sDeveloping Yourself as an Effective Learning & Development Practitioner Unit No/s4DEP (L&D) LevelFoundation Credit value4 Assessment methodWritten, Discussion Learning outcomes: 1. Understand the knowledge, skills and behaviours required to be an effective L&D practitioner. 2. Know how to deliver timely and effective L&D services to meet users’ needs. 3. Be able to reflect on own practice and development needs and maintain a plan for personal development. All activities should be completedActivity 1 (Note: The CIPD Human Resources Profession Map (HRPM) can be accessed at: www. cipd. co. uk/cipd-hr-profession/hr-profession-map/explore-map. aspx ) Write a report in which you: †¢briefly summarise the HRPM (i. e. the 2 core professional areas, the remaining professional areas, the bands and the behaviours) †¢comment on the activities and knowledge specified within any 1 professional area, at either band 1 o r band 2, identifying those you consider most essential to your own (or other identified) L&D role. Activity 2With reference to your own (or other identified) role, outline how an L&D practitioner should ensure the services they provide are timely and effective. You should include: †¢understanding customer needs (include examples of 3 different customers and 1 need for each, and explain how you would prioritise conflicting needs) †¢effective communication (include examples of 3 different communication methods and the advantages and disadvantages of each) †¢effective service delivery (include: delivering service on time, delivering service on budget, dealing with difficult customers, handling and resolving complaints)Activity 3 (Note: The CIPD Associate Membership Criteria can be downloaded at www. cipd. co. uk/ Membership/transformingmembership/ New-membership-criteria/about-associate-member. htm ) †¢Undertake a self-assessment against the CIPD Associate Membersh ip criteria, identifying any areas you need to develop in order to meet them. †¢Using a template, such as www. cipd. co. uk/cpd/guidance/cpdrecordandplan, devise a plan to meet your development needs, including those identified above, and the achievement of your CIPD qualification.The plan should be for a minimum of 6 months. †¢Discuss your plan with (or provide a written note to) your tutor explaining why you believe CPD to be important and explaining at least 2 of the options you considered for meeting your development needs. Activity 4 †¢During the period of your studies, reflect on your performance against the plan, including learning gained from each unit of your qualification, and add reflective comments to the plan. As you progress, identify any further development needs and revise your plan accordingly.Assessment Criteria 1. 1 2. 1 2. 2 2. 3 3. 2 3. 4 3. 1 3. 3 3. 5 Evidence to be produced Activities 1 & 2 Report of approximately 1500 words Activity 3 A Develo pment Plan/Record Tutor’s written confirmation that the Development Plan has been discussed (OR a written explanatory note from the learner). Activity 4 Written records of on-going reflection and, where appropriate, revision of the plan to include further development needs and solutions. NB: Activity 4 will therefore not be complete until the end of the programme. ) 4 DEP Assessment Guidance – Revised May 2012 AC 1. 1The explanation should refer to the HRPM, and include a summary of the HRPM (particularly the 2 core professional areas) and an explanation of the activities and knowledge, at either band 1 or 2, of any one of the professional areas. AC 2. 1Learners should identify 3 users of HR services and one need for each.They should also explain how conflicting needs would be identified and prioritised. AC 2. 2Learners should identify 3 methods and advantages and disadvantages of each. AC 2. 3The description should include: delivering service on time; delivering servi ce within budget; dealing with difficult customers; and handling and resolving complaints. AC 3. 1Learners should define and explain the importance of CPD. AC 3. 2Learners should self-assess against the CIPD Associate Membership requirements to identify development needs.AC 3. 3Learners should evaluate at least 2 options for meeting development needs. AC 3. 4The plan should be for a minimum of 6 months. A template is available at www. cipd. co. uk/cpd/guidance/cpdrecordandplan AC 3. 5Learners should provide a written reflection on their performance against the plan, including the learning gained from each unit of their qualification, and update the plan with any new development needs, as they are identified. CIPD Political discrepancy: as we are a company that has an agreement with Qatar government for the supply of natural gas, It Is Important to keep our good relation with the country to continue the business. New source of energy: Dolphin Energy is a company that supplies gas to the customers, in case of finding any applicable source of energy for gas that is less costly and has no impact to the environment, our company will shut down and loses its business. – Price changes: If the prices of the equipment used in the operation escalated, the price of our product will increase. – New competitor: another external factor that would affect the company is if there is a new company of gas Joining the market.Such competitors will affect our market price, It will have an effect on our manpower costs, people will compare the quality of the product produced, etc. 5- How the business is structured: Dolphin Energy has so many functions that plays Important role in the organization. Below , I will be explaining only four functions. Our company's structure Is considered functional structure because It has similar connected actively that are grouped together in departments.Function Discretion Corporate Communications Dolphin's corporate communications department handles all communication undertaken by the company to all its publics or stakeholders. Strategic and Corporate Planning It is responsible for all economic and corporate planning duties at Dolphin Energy. SHE It is responsible about the laity of the products, the health of the employees, the safety of the working area, and making sure they are taking good care for environmental issues.Human Resources They offer services to their employees in Talent Management, recruitment, policy, compensation, employee relation, training, and office management. O- Different functions working together: Dolphin Energy works with different departments very closely in order to make sure operation, the operation works closely with different departments to ensure they are meeting their objective. For example, operation works with human resources to circuit quality employees that have all the required qualifications skills that are needed for technical skills.Moreover, when an employee Joins the company, operation department will want their new Joiners to undertake some kind of trainings to enable them have the needed skills to operate in the field. Quality, health, safety and environment department as well works with other functions to reach their goals. SHE facilitates everything that is necessary in the operational area to ensure that the employees are working in a safe environment to minimize all the risks that might occur during the operation. SHE will also make sure that our equipments and machines do not harm the marine habitat and cause and eruption or pollution.Furthermore, SHE wants to educate the employees about some safety matters and they co pop with the training department to implement such traini ngs. 7- The culture of the organization and how it affects the operations: I believe Dolphin Energy has a mixture of task and power culture. It is considered a role culture because each employee is assigned to a particular role or Job; they have all their tasks and roles listed in their Job description. When we have everything pacified, it will help us know what each individual does and therefore no duplication in work.On the other hand, we can say that our organization is a task oriented culture as well. That is because Dolphin I-JAKE and Qatar work together in so many projects as a team to complete tasks for example, our training department in I-JAKE works with Star's to reach the department's goals and objective. The teams will be doing a specified task to complete it in a time and budget given. This mixed culture has a positive impact on the organization because it will get the most efficiency out of his effort through having everything with guidelines yet working in teams in co mmon projects and assignments.Activity B: 1- Organization Strategy: The company's strategy is to have an economic wealth as well as creating business prospects for I-JAKE nationals and ICC citizens for the future. Our company has clear vision and mission that is set which makes the employees well aware of where the company is heading and what is their future objective. Having the vision and mission clear will create order; therefore will help us in proportioning our tasks. 2- How does HER strategy supports the organization strategy?The HER does a lot of things that supports the organizations strategy. Starting from recruiting a competent employee to developing them. The HER work closely with other departments as one team to reach the organization's strategy. Below is a list of some the things the HER does to support Dolphin Energy Objectives: HER Strategy Supporting Organization's Objectives Recruitment HER uses the best ways to hire an employee. For example, we deal with hiring age nts that would get us the best people in the market.Moreover, we hire people through referral programs where an existing employee refers someone who is capable to take the Job. As well, HER have internal posting for the employees who would recommend themselves to undertake the posted position. We use technology for the hiring process; candidates can now view all the open posts on our website to compensation team participates in researches, surveys and benchmarking with companies who similar to us so we are updated with the latest paying trends and we are competing with similar industries in the market.When the company does such things, it will retain current employees specially the high potential and talented ones. Retain Talent Management One thing TM is responsible for is induction sessions which the new Joiners undertake to familiarize them with the company's departments and its work nature. This will help the employee adapt faster and work more effectively when working with diff erent divisions. Different development plans for fresh graduate students and existing employees.Offering scholarships and sponsorship to educate our employees and make them update their skills and knowledge to achieve the company's goals. Having high potential programs and succession planning which helps the employees get motivated and it will encourage them work harder to achieve the company's strategy. – How can HER/L&D professional support line managers and their staff? The HER and learning and Development support line managers in so many different ways. Some of these things are: – HER helps line managers in recruiting well qualified candidates to fill the vacant position.They do that through scanning C.V. and looking for candidates that has the skills required for the Job and then they do interviews and psychometric tests for them. When HER hires high talented people, it will help them accomplish work in efficient and effective way to meet the business goals. This way the HER will be eating the best talent out there in the market. – Learning and development helps the new Joiners have a brief orientation through all the departments in the company to give a good idea about the business and how each department operates.This will help the employees know everything about our business and help them work better with the division to achieve the goals of the company. – Having HER updates sessions that would help the HER employees and line managers know the latest updates that is happening in the HER which will help them understand how the process is and what HER services is offered. Offering best practices in Learning and development, which will encourage and motivate the employees to perform better. – Help line managers to achieve their KIP to achieve the organization objectives. Ensuring that the employees are working in a good working environment. 4- How does HER/L&D contribute in the successful of an organization? To define su ccess, first we need to know what things that makes the organization successful. Organizations have a lot of objectives each year, general objectives will be ambiguous, so one of the keys to success is to have a clear objectives. For example, avian clear mission, vision, strategy and goals clear and it should be known to everyone throughout the organization.Everything the organization does, for example, the policies and procedures that are written, he different types of programs we offer, the services we provide, etc are all clearly linked to the company's objectives for being successful. Lurch mentioned, there are four ways to a successful organization strong relation with their internal clients and they act as a focal point for certain divisions. This can be done by having good relation with the senior management in order to align the HER strategy with the business objectives. Change Agent: is the team that participates in changing the management team and then communicate internal ly to everyone to ensure smoothness of the process and then gain their trust. Change agent will ensure that the employees are adapting to new changes. – Administration Expert: it acts in a professional in the way that it executes its Job and uses the organization resources in an efficient manner. – Employee Champion: it plays as a core of the HER. HER should represent the employees, look for their best interest and make sure that strategic initiatives are balanced.

Sunday, September 15, 2019

Purposes and Meanings of American Education Essay

As Americans, we take education for granted. We see it as a right that everyone is entitled to an education. This was not always the case. There was a time in America’s history in which education was not a basic right for everyone. In this essay I will be discussing the purposes of American education, how the American educational system has changed through the years for students, what the meaning of American education is to me, and about the new understandings I have gained about the American education. The purposes of American education have changed in many different ways. Education has been used for: preparing children for citizenship, creating a skilled workforce, teaching cultural literacy, preparing students for college, helping students become critical thinkers, and helping students compete on a global scale. As the purpose of American education has changed through the years, the way students were taught has changed. American education has not always been an entitlement granted to students regardless of race or gender. American education has undergone periods of segregation and was discriminatory to students based primarily off pre-judgments of Caucasian men. America’s educational program’s first purpose was to educate children in preparation for citizenship to America. However, based on trends, the school system was curved by the Gary Plan and implemented a system of â€Å"work-study-play† in the school. What seemed to be a great idea drew controversy from concerned parents who thought that their students were just being trained for jobs of working in factories. Segregation was something that was another huge issue with our school system. Segregation caused an in-equal balance to the American education program in which students of color were separated to the point where the information being taught to students of color was three to five years behind that of the Caucasian students. When segregation was ended there were still discrepancies in the American education. An example of this was when students were young and given standard tests. The students who did well were put into college preparatory classes. Those students who didn’t do well were put into hands-on classes, like shop, to prepare them for the work force. Many times these were classrooms filled with minorities not because of their intelligence, but because of the cultural bias of the test. Most of these prejudices have been eliminated to form an education system that is inclusive of all students. To me the meaning of American education is that everyone, no matter of race, religion, or abilities is entitled to learn. To me American education puts everyone on the same level of opportunity to be the best person that they can be. It gives the students the right to learn current information in their least restrictive environment, free from unfair biases. American education is where we have teachers who are qualified to teach students at a high level and to work to produce the best students. What I have learned about the American education is that we have had more problems than just segregation. The educational system has changed many times throughout our countries history. There are many things that have not been told to students. I learned that although the American education has changed for the better, there is still a lot of work left to be done to fix the problems of the past. I never knew or realized how much the American educational system has changed throughout history. My eyes have been opened to the parts of history that are often left untold, such as how we are still in primarily in a Caucasian male dictated educational system. The American educational system, although it is all too often taken for granted, is constantly changing. It has taken many forms from getting children ready for citizenship, to helping students become critical thinkers, and helping students compete at a global scale. We have gone from a system of segregation to an inclusive educational program, and although we still have things to fix, our education is on the right track to make our educational system the best it can be.

Saturday, September 14, 2019

A moral understanding of Utilitarianism and torture Essay

KSM is a mastermind terrorist who has been captured by the CIA. He refuses to reveal any information about his organization or the members thereof that could be fundamental to the welfare of hundreds of lives. Even under the presence of coercive methods such as sleep deprivation and water boarding, he has refused to talk. His nine and eleven year old children have been brought into custody and a suggestion has been made to torture the children. Is the option ethical or moral in any sense? Utilitarianism provides two answers for the question; one asserting the general rule of utility, the other expanding on justice implicating that the notion that no harm should be inflicted on the children. Each case will be dissected and assessed to reveal the most feasible answer to whether or not the children should be tortured. This conclusion will also be questioned on whether or not the provided answer is approaching the situation in the best possible manner. Utilitarianism in its simplest form distinguishes the difference between right and wrong by asserting that what is right is any action of good that will positively affect the common welfare of all. In short, the principle of utility implies that what is good is whatever promotes the greatest amount of happiness. This implies that the happiness of one individual is not as relevant or important as the happiness of a multitude of persons, or that the value of life can be measured in numbers and not by specific individuals. The general idea is that if five people are saved as compared to saving one life, then there is more happiness being created and as a result more good is being created. In KSM’s case, if the general rule of utilitarianism is to be applied, then the option of torturing KSM’s children is a plausible means of coercion. This rule fundamentally subtracts the happiness lost by torturing the children in exchange for the gain of hundreds and thousands of lives that could potentially be saved resulting in a greater amount of happiness overall. Therefore utilitarianism does advocate for the torture of KSM’s children. The tactic will provide the necessary information that the CIA needs to save lives. The proponents of utilitarianism may come off as rash, insensitive, and unsympathetic beings for allowing a method such as this one to occur in order to save many lives. Injuring two lives for the benefit of thousands more is sound, but may not be ethical or moral. It is a difficult feat to assess what is ethical and moral especially when encountered with a situation like this. An assumption that it is immoral to not torture these children could be proposed because not acting on the children could deter the CIA from attaining valuable information for the welfare and safety of the nation. Of course, it must not be assumed that torturing a child is acceptable in today’s standards, and utilitarianism will attempt to answer why it is not right to torture the children to obtain information through the utilitarian’s understanding of justice. Justice to utilitarianism carries with it great weight and resonance to the ideology. According to Mill, it is one of the sole features in which utilitarianism embodies. It is stated that justice contains in it the following rules: all beings must be treated with equality, and that each is given their just deserts; good for good, and evil for evil, that no one should be wrongly punished; that no life shall be valued over another, and that the punishment should be proportionate to the offense. Another feature is that all commitments and obligations whether they be declared orally or written, should be respected and upheld and the failure to do so is performing injustice and is a moral fallacy. Therefore, when considering the KSM case with the application of justice under utilitarianism, it seems as though it is not logical to torture the children to obtain information from their father. The torturing of children violates the laws applicable to the definition of justice under utilitarianism. If these children are tortured, the principle that all individuals are equal and to all their justice deserts, would be invalid. These children have done nothing wrong and do not deserve to be tortured, thus the punishment that would befall them is not parallel to the ideals presented in the definition of justice. Also, the lives of these children were not properly accounted for, for if justice states that all lives are equal and that none is more valuable than the rest, then it is rational and coextensive with justice to not torture the children. By not performing the horrendous notion, these children’s lives are not placed lower than the rest, but the opposing view could also be taken stating that by not torturing these children they are placed above thousands of other lives, giving their lives more value than the multitude, and this is does not correspond with the definition of justice. Therefore, torturing these children is not a favorable option when considering the application of utilitarianism. But there is one exception that utilitarianism allows, which is when certain cases arise that requires expediency, thus suspending applications of moral justice. Although both alternative methods of assessing the dilemma have been presented with each have a distinct approach. The first taking into consideration the principle of utilitarianism the latter using the principle of justice, both acting as derivatives of utilitarianism and paradoxically both approved of using torture to gain information. The principle of utility declared torture a necessary means to obtain a valuable resource that consequentially benefits the whole, and in turn increasing happiness and goodness – increasing utility. The principles of justice deemed the usage of torture an incompatible method of attaining the means in the presented situation. The equality of the children was not taken into account and disregarded, while the action of torturing them does not correlate with reason because the children did nothing to bring this suggested harm upon themselves. But, even justice allows for the possibility of torture to resume when extenuating circumstances do not allow for a well thought out procedure, and expediency is recognized as the only reasonable means of achieving a goal. So does utilitarianism allow for the torturing of children to occur? According to the principle of utility and somewhat present in the exceptions of justice – yes. This does not mean that this action is moral or ethical by any means. The intentional injury of children is wrong in many, if not all, philosophical and religious ideologies. It is not easy to accept this as the only method prescribed to remedy the situation. In this case, the means do not justify the ends. Although utilitarianism states that these children should not be placed higher than any individual and there sacrifice would benefit the greater good, the implementation of torture on children is not an attractive option. Utilitarianism states that this viable option is right, but just because it may promote the general welfare and happiness of a multitude of individuals, does not necessarily indicate that it will, or that any information will be extracted from KSM, thus giving the impression that it may seem right to a utilitarian, but most would consider this an act of inhumanity and a relentless, unsympathetic, irrational attempt to validate assertions created on the basis of assumption and plausibility.

Friday, September 13, 2019

The difference between USA and New Zealand's special education Research Paper

The difference between USA and New Zealand's special education - Research Paper Example "In New Zealand, the Ministry of Education, Special Education (GSE) is responsible at national, regional and district level for strengthening the Ministry of Education’s overall special education direction and for providing special education services to children and young people with educational, social, behavioral, and communication needs.(education counts)This system has been established on the basis of United States of America. The USA is one of those countries that have been an initiator of such programs thus following its footsteps New Zealand has developed its Special education policy. Both these countries lay immense stress on the propagation of education hence free education is provided to all dwelling within the region. Furthermore, the teachers who assist these children which special needs are also provided with pieces of training that are specifically designed according to the task they are responsible to perform. "In the United States of America, state-licensing sy stems set entry-level standards for special education professionals."(Farrell, 2009) A lot has been done in both countries to give such children with equal status hence some schools also provide education to special children in the same environment as normal students so that they get the same status and normal students learn to respect and value people with disabilities.The United States of America has made it a condition for all the states to provide standardized special education to all individuals.... USA is one of those countries that have been an initiator to such programs thus following its footsteps New Zealand has developed it Special education policy. Both these countries lay immense stress on the propagation of education hence free education is provided to all dwelling within the region. Furthermore the teachers who assist these children which special needs are also provided with trainings that are specifically designed according to the task they are responsible to perform. "In the  United States  of  America, state-licensing systems set entry-level standards for  special education  professionals."(Farrell, 2009) A lot has been done in both countries to give such children with equal status hence some schools also provide education to special children in the same environment as normal students so that they get the same status and normal students learn to respect and value people with disabilities. The United States of America has made it a condition for all the sta tes to provide standardized special education to all individuals. (Latham, 2008) Those who fail to do so will not be provided funds by the federal government. One of the most important efforts by the government of America to provide quality, free and equal education to these children is that a team is established which meets the child's parent in order to evaluate and determine the educational needs of the child. Furthermore it is there task to design courses according to their needs, perform placement tests, modify the program, organize counseling programs and cater to any other requirement that the child might have. Also it is the requirement of every school to meet up to the individualized education program IEP and report to the federal state about its implementation.