Saturday, December 28, 2019

Student Has Teeth Shattered By Police Officer - 851 Words

Student has teeth shattered by police officer after being harassed by him and is then wrongfully arrested Per Alexis Alpha and her family’s accounts, their group crossed the street to get to a bar. They passed between the officer’s car and the car he had just stopped (as it was the shortest path). Furious that they walked between his car and the one he stopped, he pointed at Alexis out of the group to come talk to him. He then began to verbally berate her. After initially keeping her cool and being respectful, she finally said, â€Å"Oh my gosh, you’re being a dick.† That is when the officer slammed her face into the concrete, shattering her front teeth, bruising her chin, and giving her a concussion. The officer then falsely booked her for public intoxication (her blood alcohol content was measured at the hospital as well below the legal limit). Thankfully, since there were so many witnesses, the officer was arrested for the assault. However, this is one of many incidents of officers with extreme anger issues that makes people fear for their safety. However, would you ever expect a security guard to take such actions? Why not? Because the person hiring them, or at least the business owner, will be held responsible for the actions of their employee in a lawsuit. So there is an incentive to not hire people with anger issues. In a city, however, it is the taxpayers, not our elected officials, who foot the bill in these lawsuits (yes, the cop can be sued, sometimes, butShow MoreRelatedLes Miserables: an Analysis1421 Words   |  6 PagesVictor Marie Hugo, born on February 26, 1802, was a celebrated French author during the Romantic Movement and is best known for his poetry and his novels including The Hunchback of Notre-Dame and Les Misà ©rables. His father served as a high-ranked officer in Napoleon’s army. Since it is against his mother’s wishes, Hugo married Adele, who was his childhood friend, only after his mother’s death in 1821. Hugo’s oldest daughter, Leopoldine, died of drowning when a boat overturned. He described hisRead MoreVampire Diaries61771 Words   |  248 Pageshave to do to satisfy it. He was lucky that this time hed killed only a rabbit. He stood beneath the ancient oak trees, sunlight filtering down onto his curly hair. In jeans and T-shirt, Stefan Salvatore looked exactly like a normal high school student. He wasnt. Deep in the woods, where no one would see him, hed come to feed. Now he licked at his gums and lips painstakingly, to make sure there was no stain on them. He didnt want to take any chances. This masquerade was going to be hard enoughRead MoreEssay on Fall of Asclepius95354 Words   |  382 Pagesaround the world. There was problem about fleeing from infested areas. Everywhere was infested. There was no where anyone could go withou t encountering the walking plague. You know that phrase War is Hell? Well... its dead wrong. War at least has some organization to it. What was faced in the last days... by last days I mean the last days of civilization not life; itself. What was faced was hell. Everyone went ape shit insane. Everyone was killing and raping each other into oblivion, becauseRead MoreIgbo Dictionary129408 Words   |  518 Pagescurrent a quarter of a century ago, and the language has changed. It will need to be reviewed by competent speakers of the current language. Secondly, since the preparation of the ms. there have been two major published dictionaries of Igbo, by Echeruo (1998) and Igwe (1999) as well as innumerable publications marking advances in the understanding of the grammar of Igbo, which any new publication must take into account. In addition, the English itself has an archaic feel to it and I have sometimes updatedRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentic e Hall393164 Words   |  1573 Pages2008) Decide and Conquer: Make Winning Decisions and Take Control of Your Life (Financial Times/Prentice Hall, 2004). Other Interests In his â€Å"other life,† Dr. Robbins actively participates in masters’ track competition. Since turning 50 in 1993, he has won 18 national championships and 12 world titles. He is the current world record holder at 100 meters (12.37 seconds) and 200 meters (25.20 seconds) for men 65 and over. xx ABOUT THE AUTHORS xxi Timothy A. Judge Education Ph.D., UniversityRead MoreStrategic Marketing Management337596 Words   |  1351 Pagesedition 1997 Reprinted 1998, 1999, 2001, 2003 Third edition 2005 Copyright  © 1992, 1997, 2005, Richard M.S. Wilson and Colin Gilligan. All rights reserved The right of Richard M.S. Wilson and Colin Gilligan to be identified as the authors of this work has been asserted in accordance with the Copyright, Designs and Patents Act 1988 No part of this publication may be reproduced in any material form (including photocopying or storing in any medium by electronic means and whether or not transiently or incidentally

Friday, December 20, 2019

The Constitutionality Of Capital Punishment - 2105 Words

A major discussion and legal issue that has been the topic of major debates across the world is the legality of Capital Punishment. Capital Punishment, also known as the death penalty, is defined as â€Å"the legally authorized killing of someone as a punishment for committing a crime† (Oxford, n.d.). The issue has been undecided by the federal government, which gives the states the right to determine their own laws on the issue. Some states have outlawed the death penalty while others still use this practice to this day. In the state of Maryland the death penalty was used for hundreds of years before it was recently outlawed in a bill passed by the state legislature. The passing of the Capital Punishment Repeal in the state of Maryland was a†¦show more content†¦In the Eighth Amendment, there is a section called the Cruel and Unusual Punishment Clause. This states that the punishment for a crime can’t be inhumane and it must be fitting to the crime. For exampl e, you can’t put someone to death for stealing an apple. Because of this Amendment the death penalty is heavily debated as a fitting and humane way of dealing with capital crimes. Pro-Capital Punishment People who support Capital punishment in the State of Maryland were not happy about its repeal in 2013. Some delegates were not in favor of the repeal and voted against it. Some of them believed that we should not completely abolish the death penalty because there are extreme cases that could call for it. Delegate Smigiel said â€Å"I have grave concerns about the state having the power of life and death over other people, but there are circumstances where that s the only penalty that s appropriate for a crime† (Dresser, 2013). They believe that we should still keep it in place for extreme situations such as the Boston Marathon Massacre, and the killing of correctional officers. While the people who are advocates for the death penalty did not like the ruling, they had the opportunity to sign petitions in order to stop the passing of the repeal bill. But they did not reach the number of signatures needed to stop the bill. This shows that they did not have enough support to say that they did not

Thursday, December 12, 2019

Accounting Harmonization in UK-Free-Samples-Myassignmenthelp.com

Question: Discuss about the Accounting Harmonization in UK. Answer: Introduction of Accounting Harmonization: Accounting harmonization is the process in which different methods of accounting are used and integrated into the accounting practices of any organization. Moreover, accounting harmonization can be termed as the integration of different accounting methods and standards (Strouhal, 2011). Why Accounting Harmonization: Accounting harmonization helps in ensuring the quality in the financial reporting of an organization It assists in developing reliability of the financial reporting and disclosure by the company It contributes to improving the global credibility of an organization It provides better platform where an organization can be compared with national and international corporate peers (Strouhal, 2011) Force to lead accounting harmonization: The globalization is the most crucial force and factors led the accounting harmonization practices by the organization. The globalization provides opportunities to the organization to sell their products and services in more than one country (Prochzka, 2011). They show their desires to be listed on stock exchanges in different countries to attract equity to debt in order to raise the fund. Therefore, the reporting in different countries requires organization meets local accounting standards. This led EU to do harmonization through IFRS adopted in 2005. Advantage and disadvantages of Accounting Harmonization: The main advantage accounting harmonization is that it brings consistency to the international market. The combination of GAAP, IFRS and local accounting standard are pursued by the ISAB to achieve the objective of fair and efficient capital across the international market. This makes necessary for all the organizations to follow the same kind of standard and accounting principle that assists the investors easily evaluate and comparing the organization (Prochzka, 2011). Along with this, the international accounting standards allow the international investments into the company that overall leads the economic growth of the country. There is some drawbacks tool associated with accounting harmonization. This may be very expensive to the organization to adopt the new accounting standards and principles. The application of the new accounting standards may take time because accountants, investors and other management staff would need to gain knowledge about the new accounting standards and their application (Prochzka, 2011). Introduction to the UK: UK (United Kingdom) is a country situated in Western Europe. The UK comprised of four countries that include Wales, Northern Ireland, England, and Scotland (Expatica, 2017). UK follows its own accounting standards and UK GAAP. UK is striving to implement the accounting harmonization by adopting IFRS. The organization in the UK followed and complied with UK GAAP in accounting practices and financial reporting. The company act and law of UK defines some minimal requirements for the accounting practices and financial reporting by the organization (Barbu et al, 2014). Issues faced by the UK in process of Accounting Harmonization: There are various difficulties have been faced while implementing the accounting harmonization in UK (EU). These challenges and difficulties may be provincialism, the difference in the social environment, the difference in the economic environment, diverse accounting practices, gaps between developing and developed economies, the difference in tax law, the difference in disclosure law, local standards, competition between international agencies, and corporate attitudes (Rzsa, 2013). These are the difficulties realized while practices accounting harmonization. Provincialism relates to the reluctance of countries to listen to others and change the views they have. Every country perceives that the system they follow is the best system. People in such countries think of their views as superior to others that impede the agreement on the common solution to a problem. Apart from this, every country is different to each other in terms of the social and economic environment that causes barriers to the enforcement and implementation of the harmonization of accounting. The economic policies and structure may have an impact on the harmonization practices (Albu et al, 2011). Furthermore, the diversity in accounting practices also affects the harmonization. In different nations, different accounting practices are followed that causes difficulties in the harmonization. Besides this, every country has their own legal system related to tax law, disclosure law, and accounting practices law that also affect the implementation of the harmonization of account ing (Barrett et al, 2013). The European Union has been striving to implement the harmonization of accounting and financial reporting standards for a few decades. The national accounting system in EU is highly diverse as there are numbers of nations are the members of the EU but following different accounting systems (Wang, 2014). UK was one of the members of the EU. EU as well faced difficulties while implementing the harmonization of accounting. The difference of the law for the national accounting systems created a barrier in the process of harmonization of accounting in the UK. Tax oriented peculiarities and provision in the accounting system of members countries in EU was different that caused impedance in the implementation of accounting harmonization. Apart from this, poor guidelines in IFRS endorsement, low experience with some specific kind of transactions, capital market development and others were also the barricades in the accounting harmonization practices in EU. When the IFRS was adopted in 2005, most of the companies in UK, Sweden, and other country members of EU were unprepared to endorse and comply with the IFRS in 2005 that also caused the barrier in the endorsement of the International Financial Reporting Standard (Guggiola, 2010). By 2011, people still were criticizing and urging the government of UK to cancel the application and adoption of IFRS for financial statements and financial reporting in the UK. The companies which are multinational and working in the UK have to adopt the principles of IFRS. The companies are listed only in one nation or operate within one economy were not obliged or is not obliged to adopt the IFRS in their accounting and financial reporting (Gray et al, 2014). The implementation of IFRS in the UK and other country members of EU were criticized mostly in regarding of fair value principle and model of accounting. The critics argued that the fair model in IFRS overstates the profitability of the organization and banks that generate liability to them to provide an excessive dividend to shareholders (Collings, 2010). Along with this, there is clear guideline under the company act of UK that the financial statement of the companies in the UK must be prepared based on the principle of true and fair which somehow conflicts with the IFRS. This causes also barriers in the implementation of accounting harmonization. The IFRS has been developed by the IASB that does not consider the principle of true and fair (Barbu et al, 2014). Many of the financial institutions resist to the adoption of the IFRS cost of equity, interest rates, and other financial items vary from market to market or country and country. Therefore, it can be said that the UK faced di fficulties in the implementation of the accounting harmonization and adoption of the IFRS. Comparing the domestic accounting standard vs. IFRS standards The UK accounting standard involves the UK GAAP as domestic accounting standard. It is also known as Generally Accepted Accounting Practice and it is formulated by the FRC (Financial Reporting Council UK). In the UK GAAP accounting standards are effective for the year 2015, January. Along with this, IFRS standards are also accounting standards that provide a framework to business organizations for the preparation of financial statements. It is also set to different accounting standards and developed by the IASB (International Accounting Standards Board) that is an independent organization (Kieso et al, 2010). In the use of IFRS standards, the business organization uses the historical cost and business firm can revalue their investment property, intangible property, plant, and assets. But at the same time, through following the UK GAAP, business firms do not recognize the derivatives at the fair value and they can represent the securities at the fair value (Betakova et al, 2014). At t he same time, businesses are allowed to revalue their investment property. The adoption of IFRS is also effective for the business at the reporting data along with limited mandatory exceptions. But at the same time, UK GAAP is similar to the US GAAP as it has requirement of retrospective application and standards are reported for the use of GAAP accounting standards for first-time use. Apart from this, the IFRS does not provide the specific format for the preparation of balance sheet and business firms present the business assets and liabilities as liquidity presentation (Hilliard, 2013). It provides the reliable and relevant information when businesses use the liquidity presentation method. But at the same time, in the use of UK GAAP in the preparation of financial statements, company law provides the two different formats for the balance sheet and presentation of current and fixed assets are required and it also analyses the shareholder's funds into equity. Moreover, IFRS does not provide the specific formats for the preparation of income statement but UK GAAP provides the four different formats for the income statements with the help of company law (Haller and Wehrfritz, 2013). Apart from this, for the preparation of financial statements with the help of IFRS, it does not involve the exceptional items but it discloses some items such as nature, size, and incidence to explain or disclose the performance of the business firm. In the use of UK GAAP standards, it provides the information with the help of notes to presents the true and fair view of the company in its income statement. At the same time, IFRS standards also recognize the losses and gains in the notes or represent in the shareholder's equity statement separately (Horton and Serafeim, 2010). But in use of UK GAAP, it provides the statement of total losses and gains. Introduction the Tesco Plc: The company selected for this study is Tesco in the UK. It is one of the largest grocery firms in the UK and it has ranked among the top 10 retail sector companies in UK market. The company operates around 3500 stores in the UK along with 310,000 colleagues (Tesco plc, 2017). Analysis the influence of accounting harmonization to Tesco Plc: The use of different accounting standards such as UK GAAP and IFRS increased the reliability and validity of Tesco financial statements. Due to following the IFRS standards in the preparation of financial statements, company discloses that noncurrent business assets are held by the firm for the sale and discounted operations and results of these activities are disclosed in the company income statement separately. But at the same time, the assets and liabilities of business operations are disclosed in the balance sheet of Tesco separately to present the fair view of information. But at the same time, Tesco use the Non-GAAP profit measures to support the investors and shareholders in getting the information about the company performance through underlying the profit before tax and diluted earnings per share (Tesco, 2017). The Tesco use this performance measure because IFRS standards do not define the underlying profits. Along with this, use of IFRS standards in the preparation of financial statements also supports in providing the additional disclosures. It discloses additional information when users of statements such as investors, customers, suppliers, and stakeholders are enabled to understand the impact of particular transactions on the financial position of the company. The use of IFRS has a significant impact on the amount of company financial statements. The adoption of International Financial Reporting Standards supported the Tesco in recognizing the right of use lease liability and assets in relation to all the applicable leases. Apart from this, to present the fair and relevant information about the company position, Tesco replaced the rent expense by interest and depreciation expense in the company income statement. It increases the finance costs but it decreases the cost of sales that has influence in the company operating profit. Furthermore, use of IFRS measures in the company financia l statements support in measuring the periodic exchange rates (Tesco, 2017). The IFRS measures are translated based on constant exchange rates to measure the company performance and constant exchange rates are the average of the previous years periodic exchange rates. Tesco uses the IFRS measures in relation to eliminating the impact of the fluctuations in the exchange rates in relation to analyze the company financial performance or position. Moreover, use of IFRS standards in the preparation of Tesco financial statements provides the transparency of accounting practices and it enhances the flow capital in or outside the international markets. The IFRS also provides the similar framework for the accounting work that supports the business firms or investors and other users in comparing the performance of one company with other competitor or international companies. Along with this, IFRS standards also enhanced the quality of financial reports because it provides the guidelines for the accounting work and preparation of financial statements (Tesco plc, 2012). The boost in the quality of company financial reports support the investors to make the decision related to investment. Conclusion: From the above analysis, it can be said that the report effectively analyzed the accounting harmonization. It defined that accounting harmonization is the combination of local and international accounting standards to bring the consistency and similarity in accounting practices. Apart from this, the report identified that EU first implemented accounting harmonization by adopting IFRS in 2005. The companies in the UK now are complying with the principle of IFRS. However, there are critics and barriers to the endorsement and adoption of IFRS in the UK. The language barrier, legislation, big financial institutions, and tax law, and others barriers still resist to the endorsement of IFRS in the UK. The UK GAAP is significantly different form IFRS that causes conflicts in the harmonization. Furthermore, Tesco Plc is the British multinational retail organization that adopts IFRS in its accounting and financial reporting practices. Recommendation: Based on the above analysis and results found, it can be said the accounting harmonization of annual reports of the companies is beneficial for the economies and assists in comparing the companies working in different economies. The ISAB can be suggested to some steps to endorse the IFRS in the UK effectively. The representation on the ISAB should be enlarged including the developing countries that are not at present. This would provide world wide acceptance of the principles of accounting set by ISAB. Apart from this, all the pressure from the government agencies and private institution should be avoided while deciding about the international accounting standards. The decision in pressure may lead ISAB in the wrong direction that can cause deviation in the way of achievement of the goal of ISAB. Therefore, all the pressure should be eliminated while ISAB would determine the international standards. ISAB should publish the standards it developed and put efforts to gain the support from government agencies, accounting professions, corporate houses, and member countries. ISAB should try to encourage the member countries or bodies to adopt IFRS or revise their accounting standards and systems in line with IFRS. The IFRS should be passed under the legislation of UK and there should be clear guidelines for the organization to adopt and comply with it. There is an issue of the true and fair model in IFRS that is not designed by ISAB while the local accounting standards include this model. Therefore, ISAB should include the provision of the true and fair model in IFRS so that the local and international standards in the UK can be linked to each other better. Reflection: I have selected the topic accounting harmonization in this research. The accounting harmonization is becoming much famous among the organizations around the world. I gone through the international and national accounting standards of the UK and then found the elements of the harmonization. After analyzing the international accounting concept and its importance, I selected the harmonization between international accounting standards and national accounting standards. As I know that, the international accounting standard is IFRS that is followed in almost all the organization over the world. The UK government made it compulsory for the middle and large organizations. That is why this topic was very interesting and critical and based on this I selected this topic. I conducted the secondary research only to gather the information for analyzing the harmonization between national accounting standards of UK and international accounting standard. From this research, I learned that the accoun ting harmonization is the mixing of the national accounting standards and international accounting standards. Moreover, it can be said that the accounting harmonization is the implementation of national and international accounting standards in the organizations together. Moreover, I have used different sources such as text books, journals, research papers, literature reviews and online sources. I have gathered most of the information from online sources related to the harmonization, introduction to the UK, issues in faced in the accounting harmonization in the UK, introduction to Tesco Plc, and analysis of effects of the accounting harmonization on the Tesco Plc. I have focused on the oral and written communication in the research. I have used both interpersonal and analytical skills effectively to meet the requirements and objectives of this project. I have focused on the critical thinking, data analysis, creativity, and research skills to analyze the information retrieved from the secondary sources. These skills are necessary and required to effectively dig into the research problem using the available information. The critical thinking helps in finding pros and cons of the possible decision towards problem-solving. Apart from this, I have used dif ferent interpersonal skills decision making, assertiveness, and problem-solving skills. I have effectively used the interpersonal and analytical skills to achieve the research objective that is to critically analyze and discuss the success of accounting harmonization in the UK. Furthermore, I have faced different challenges and issues while researching the topic and research problem. The topic I selected is too typical to research. The findings are theoretically that is very difficult to communicate easily. The finding is pure theoretical that is very difficult to demonstrate everything effectively and is very challenging task to show the effect qualitatively. I have faced challenges in demonstrating the effects of accounting harmonization in the UK on the Tesco Plc. I had to establish the comparison between IFRS and national accounting standards in the UK. I faced challenges in writing the report based on the information that was very limited related to the effect of accounting harmonization on Tesco in the UK References: Albu, N., Nicolae Albu, C., Bunea, ?., Artemisa Calu, D., M?d?lina Girbina, M. (2011) A story about IAS/IFRS implementation in Romania.Journal of Accounting in Emerging Economies,1(1), pp.76-100. Barbu, E. M., Dumontier, P., Feleag?, N., Feleag?, L. (2014) Mandatory environmental disclosures by companies complying with IASs/IFRSs: The cases of France, Germany, and the UK.The International Journal of Accounting,49(2), pp.231-247. Barrett, J., Peters, G., Wiedmann, T., Scott, K., Lenzen, M., Roelich, K., Le Qur, C. (2013) Consumption-based GHG emission accounting: a UK case study.Climate Policy,13(4), pp.451-470. Betakova, J., Hrazdilova-Bockova, K. and Skoda, M., (2014) Fair value usefulness in financial statements.DAAAM International Scientific Book,2014, pp. 433-448. Collings, S. (2010) The Great IFRS Debate. [Online]. Available at:https://www.accountingweb.co.uk/business/financial-reporting/the-great-ifrs-debate (Accessed: 07 August, 2017). Expatica (2017) An introduction to the United Kingdom. [Online]. Available at: https://www.expatica.com/uk/about/UK-facts-An-introduction-to-the-United-Kingdom_103152.html (Accessed: 07 August, 2017). Gray, S. J., Coenenberg, A., Gordon, P. (Eds.). (2013)International Group Accounting (RLE Accounting): Issues in European Harmonization(Vol. 37). UK: Routledge. Guggiola, G. (2010) IFRS adoption in the EU, accounting harmonization and markets efficiency: A review1.The international business economics research journal,9(12), pp.99. Haller, A. and Wehrfritz, M., (2013) The impact of national GAAP and accounting traditions on IFRS policy selection: evidence from Germany and the UK.Journal of International Accounting, Auditing and Taxation,22(1), pp. 39-56. Hilliard, T.D., (2013)The effects of adopting IFRS: The Canadian experience. USA: Georgia State University. Horton, J. and Serafeim, G., (2010) Market reaction to and valuation of IFRS reconciliation adjustments: first evidence from the UK.Review of Accounting Studies,15(4), pp. 725-751. Kieso, D.E., Weygandt, J.J. and Warfield, T.D., (2010)Intermediate accounting: IFRS edition(Vol. 2). USA: John Wiley Sons. Prochzka, D. (2011) Benefits and Costs of Preparing IFRS Statements by Non-Listed Companies: Evidence from the Czech Republic. InProceedings of the International Conference Accounting and Management Information Systems, Vol. 6, No. 1, pp. 211-228. Prochzka, D. (2011) Readiness for the voluntary adoption of the IFRS by non-listed companies: a Czech perspective.Recent Res Appl Econ WSEAS,3, pp.81-86. Rzsa, I. B. (2013) Difficulties of applying IFRS in continental Europe from the perspective of codification.Periodica Polytechnica. Social and Management Sciences,21(2), pp.91. Strouhal, J., Bonaci, C., Mustata, R., Alver, L., Alver, J., Praulin, A. (2011) Accounting harmonization measurement: Case of emerging CEE countries.International Journal of Mathematical Models and Methods in Applied Sciences,5(5), pp.899-906. Tesco (2017) About Us. [Online]. Available at: https://www.tescoplc.com/about-us/ (Accessed: 07 August, 2017). Tesco (2017) Tesco PLC Annual Report and Financial Statements 2017. [Online]. Available at: https://www.tescoplc.com/media/392373/68336_tesco_ar_digital_interactive_250417.pdf (Accessed: 07 August, 2017). Tesco plc (2012) Tesco PLC Annual Report and Financial Statements 2012. [Online]. Available at: https://www.tescoplc.com/files/reports/ar2012/files/pdf/tesco_annual_report_2012_financials.pdf (Accessed: 07 August, 2017). Tesco plc (2017) Tesco UK. [Online]. Available at: https://www.tescoplc.com/about-us/our-businesses/tesco-uk/tesco-in-the-uk/ (Accessed: 07 August, 2017). Wang, C. (2014) Accounting standards harmonization and financial statement comparability: Evidence from transnational information transfer.Journal of Accounting Research,52(4), pp.955-992

Wednesday, December 4, 2019

Generation Outsource Ricardian Model Indian -Myassignmenthelp.Com

Question: Discuss About The Generation Outsource Ricardian Model Indian? Answer: Introduction The report is made with respect to a five star hotel -The Sydney Novatel which had been employing own staff for cleaning the Hotels accommodation rooms and other areas of the hotel. There has been a decision of outsourcing the cleaning activities of the hotel, so the benefits and drawbacks of outsourcing have been discussed in the report. Its not easy to discuss outsourcing in the hospitality business, because the hotel product is dependent on aspects that hoteliers cannot manage forever (Espino-Rodrguez Lai, 2014). A few times, the hotel cannot take up the workload and they feel a need to subcontract dedicated firms that offer high-quality services. Moreover, a hotel has huge fixed costs. To keep a hotel running means that there hotel will have a fixed charge regardless of if there are guests visiting the hotel or not. Workforce will need to work daily and, thus, compensated with a salary. With the intention of managing these costs, hoteliers may choose to subcontract a few activities so that fixed expenses become variable expenses. Factors for utilizing outsourcing procedures in the Hotel business The competition for services demands as of hotels is growing up each year thus there is a need to expand the effectiveness and to limit the costs (Al-Kassem, 2017). The primary point of the management of The Sydney Novatel must be to make business successful, i.e. generating the utmost gains with costs optimization. However, the assets and gear economy isn't sufficient, likewise the vast element of costs is remuneration paid to staff of the hotel. To take care of this issue, outsourcing is a solution which allows transferring some of the activities of The Sydney Novatel to external firm. Moreover, it gives a guarantee to management that the work will be done in timely manner and as per requirements. In case the work is not done properly then the same can be outsourced to any other business without any hassles to hire and fire workers (Wanchoo, 2010). Advantages of outsourcing activities Reduction of costs is the primary aim for which The Sydney Novatel can think about outsourcing its functions, for example housekeeping. As per research and studies into hotel industry, there has been over 25% decline in labour expenses in the hotels in which housekeeping was subcontracted (Lamminmaki, 2011). Besides the housekeeping division generally has the maximum turnover rate of workers. Outsourcing the personnel assists in decreasing not only the direct wages and expenses, but also the recruitment and training expenses. Most of the staffing firms operate on the basis of contracts and get paid on a fixed monthly basis, so there will be no variations on monthly basis. Outsourcing of a division such as housekeeping too allows the management to concentrate on guest facilities and marketing (Sharda Chatterjee, 2011). Despite the fact that guests observe the outcomes of a housekeepers job, they dont intermingle with guests in the manner a front desk staff or waitress does. And getting some outside staffs isnt a bad thing all the time for both- other hotel employees or the outsourced employees. There are a few benefits offered by Outsourcing like: allowing the present employees to focus on key activities on business interests, concentration on accomplishment of main strategic objectives, lessening or steadying the overhead expenses, and thus achieving cost benefit over the competitors, giving flexibility in reaction to changing market environment, and Reducing investment in advanced technology (Gewald, 2010). Outsourcing has various benefits for different industries and not only for the hotel and hospitality industry. The major advantage is that outsourcing permits to give complete focus and resources to the major areas of the hotel and the noncore areas can be outsourced to other business. Along these lines, organization will have upper hand. Likewise redistribution and optimum utilization of staffs of the organization will be conceivable. Another preferred benefit is that lesser material is needed (Gold, 2012). Usually the outsourced acts are less expensive than the maintenance of own division for carrying out some tasks. It is due to lower expenses incurred by the outsourcer as the assigned task is part of its particular specialization. Furthermore, by utilizing outsourcing, organizations can obtain advancements and the choice of higher quality level which may not be there with The Sydney Novatel. Other than this there is a probability of utilizing particular capacities which no one bu t specialists can do. Additionally it is essential to keep in mind about passing on of all duties of the allotted capacities to outsourcer. By outsourcing, there is permanent decrease of fixed costs (Leahy Montagna, 2011). It's the primary preferred benefit of outsourcing, as it will empower The Sydney Novatel keep running with the costs of what is utilized by visitors, and that's it. This implies The Sydney Novatel can employ the services of another organization as per its workload. It will allow The Sydney Novatel to provide with high quality of specialized goods and/or services. Experts will offer The Sydney Novatel with the most ideal goods or services for instance, with regards to planning the promotion and advertising of any sort, the experts can do that more efficiently and that too at low cost. Nowadays, it is very common that hospitality management operates hand in hand with expertise (Edward, 2012). The firms which have expertise in technology services for the hospitality business will offer The Sydney Novatel with particular software (programs and applications) to deal with allowances, arrange storehouses, or manage other internal procedures. If The Sydney Novatel does not outsource IT management, it can be truly costly, as The Sydney Novatel would have to employ software developers and different experts to work at the hotel. Apparently, expenses would increase a lot if The Sydney Novatel creates its own solutions. Disadvantages of outsourcing activities One of the drawbacks is that The Sydney Novatel might lose control. It is tough for the businesses to trust the third-party. This can be a stronger case of losing control in case of services. The services enjoyed by the guests at The Sydney Novatel are described by simultaneity, that is, the services are produced when they have to be used, so it is quite hard to control quality. The outsourced service-providers have to be extremely vigilant with this, particularly when they are specifically managing clients. They should make a decent attempt to prevent depersonalization. Another drawback is that the outsourcing brings inadequate alliance. There's an actual threat that aims and other key factors are not accurately adjusted. Interior communication within a business is complicated, yet necessary (Alvarez-Galvan, 2012). At the point when there are outside specialists taking part in this procedure, The Sydney Novatel needs to ensure that the targets are precisely conveyed and communication takes place in both directions. In some cases, hoteliers are hesitant to provide important information to external firms. On the specialized level, these details have to be secure. Indeed, the most crucial details involve- the buildings technical security. There might be hesitancy in terms of trustworthiness, privacy and accessibility. This is the reason The Sydney Novatel might want to handle its data itself and might not want to share with the external business. There is also a risk of decrease in employee morale. Rahman Kamarulzaman (2010) regard the impact on employee confidence as one of the main risks of outsourcing. It is also believed that outsourcing forever leads to shifting/ dismissal of workers. Conclusion Outsourcing, or not outsourcing, is a choice that is dependent upon the kind of hotel and the mindset of every hotelier. There are altogether different services that can be outsourced however the most sensitive ones are those which specifically include customers, such as clothing, cleaning and janitorial facilities, eatery, and so on (Olson, 2013). Whatever the case is, it's not a simple choice to be made, and the main point is to maintain balance between the hotel's own particular assets and outside assets. However, looking at the given benefits and drawbacks of the outsourcing, it is advised that The Sydney Novatel outsources (Subcontracts) some of its activities. The externalized services will add to the hotel's effectiveness while other functions can be kept under the control of the management of The Sydney Novatel. It will precisely allow the Sydney Novatel to get two major benefits which are of competitive advantage and ability to segregate the activities into core and non-core , and finally focusing on the core ones. Reference Al-Kassem, A. (2017). Recruitment and Selection Practices in Business Process Outsourcing Industry.Archives Of Business Research,5(3). Alvarez-Galvan, J. (2012).Outsourcing and service work in the new economy. Newcastle upon Tyne: Cambridge Scholars Publishing. Edward, Y. (2011).Outsource. Boston: Pearson. Espino-Rodrguez, T., Lai, P. (2014). Activity outsourcing and competitive strategy in the hotel industry. The moderator role of asset specificity.International Journal Of Hospitality Management,42, 9-19. Gewald, H. (2010). The perceived benefits of business process outsourcing.Strategic Outsourcing: An International Journal,3(2), 89-105. Gold, T. (2012).Ethics in IT outsourcing. Boca Raton, FL: CRC Press. Lamminmaki, D. (2011). An examination of factors motivating hotel outsourcing.International Journal Of Hospitality Management,30(4), 963-973. Leahy, D., Montagna, C. (2011). Economising, Strategising and the Decision to Outsource.SSRN Electronic Journal. Olson, R. (2013). Does It Make Sense to Outsource Utility Operations?.Opflow, 26-27. Rahman, M., Kamarulzaman, Y. (2010). A framework of outsourcing relationship marketing: a focus on the Malaysian hotel industry.International Journal Of Electronic Customer Relationship Management,4(1), 4. Sharda, K., Chatterjee, L. (2011). Configurations of outsourcing firms and organizational performance.Strategic Outsourcing: An International Journal,4(2), 152-178. Wanchoo, R. (2010). Fourth Generation Outsourcing Ricardian Model on Indian Outsourcing Industry and Need For Next Generation Outsourcing.Prabandhan: Indian Journal Of Management,3(1), 13.

Thursday, November 28, 2019

Critical Analysis of a theme in The pursuit of Happyness Essay Example

Critical Analysis of a theme in The pursuit of Happyness Paper The Pursuit of Happyness was a commercially successful film whose main appeal is its ‘feel-good’ ending. It treads the much worn path of the rags-to-riches narrative, albeit with some variations in plot, characterization and context. This paper would argue that despite the commercial success of the film, it fails as a social instrument. In other words, if the purpose of cinema is not merely to entertain but also to educate, the Pursuit of Happyness fails on the latter count. The main criticism is toward its core message that among the thousands of honest aspirants for the American Dream only a few lucky ones make through. The final shot of the film is not merely the triumph of its protagonist, but equally the defeat of multitudes of his brethren. The defeated cannot said to have all been less industrious than our hero. Luck plays a major role in deciding who succeeds. One also needs to question the kind of culture in which the odds are so stacked that only one in a thousand makes it big in life. If the purpose of the film is to celebrate the glamour of the American Dream, then it fails substantially in meeting this objective. We will write a custom essay sample on Critical Analysis of a theme in The pursuit of Happyness specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Critical Analysis of a theme in The pursuit of Happyness specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Critical Analysis of a theme in The pursuit of Happyness specifically for you FOR ONLY $16.38 $13.9/page Hire Writer A disappointing feature of the film is its predictable plotline. The much treaded rags to riches story genre is tried yet again in the Pursuit of Happyness. Almost from the moment that the homeless hero is introduced one has a sense of predictability of what awaits him. The already encumbered hero will be subject to further distress, before he emerges triumphant as a result of industry or ingenuity. In Chris Gardner we have all apt qualities of the disadvantaged hero – black, impoverished, married and professionally uncertain. His wife’s estrangement from him due to his financial failures adds to the melodrama. It can be claimed that director Gabrielle Muccino had gone a little overboard in creating sympathy for his lead characters. It would have served the film well had the focus been more on crisp screenplay and editing. The ‘feel-good’ focus on the film distorts a bitter actuality of American society. The story is based on the real life of Chris Gardner, who struggled through poverty and went on to become a successful businessman – he founded and managed his own brokerage firm in the 1990s. But the verity of Chris Gardner’s story does not exclude the stark reality of homelessness in America. While Gardner was fortunate enough to escape poverty, millions of Americans are yet homeless. There are several moments in the film that are touchy. It is as if director Gabrielle Muccino is playing up to audience’s emotions by circumventing their critical thought. The father-son relationship is both its strength and drawback. While there are genuine moments of love and sacrifice incurred by Chris and Christopher Gardner, they don’t counteract the major deficiencies in the film. For example, one of the turning points in the fortunes of the hero is when an influential person from the business world happens to see him solving a hand-held puzzle. This freak coincidence would prove to be pivotal for the hero to breakthrough into the corporate world. But what is the message being delivered by such a narrative. Is not the director telling us that luck plays a major part for success in life? If so, how do we the audience compute this information. It seems that determinism is the dominant philosophical theme in the film, which mutes the roles of free-will and en terprise. On balance, not all aspects of The Pursuit of Happyness are lacking in merit. For one, the film highlights a pressing social problem in America – homelessness. Despite being the richest country in the world, the number of citizens who don’t have a home is depressingly high. Seen in this light, the film is an invocation for policymakers and social activists to make a change. There are more sociological perspectives at play here – especially that of race. Both the real life Chris Gardner and his celluloid imitator are both black Americans. It is a well acknowledged fact that racial and ethnic minorities bear the brunt of poverty and discrimination in the country. The director should be credited for implicitly projecting this chronic social issue. But at the same time, the deterministic or destiny-ridden narrative does a disservice to minorities. The latter would want to believe that they can change their fortunes through their own constructive actions and no t through a government dole or society’s charity. In conclusion, The Pursuit of Happyness has more demerits than merits. Taken purely as a product for entertainment it works very well. But in terms of the social message the film emits, there is much left to be desired. Although the film is based on a real life story, it is a selected story and not a representative one. Such exceptional stories as that of Chris Gardner create the illusion that the American Dream is within the grasp of all. But, unfortunately, such is not the truth.

Sunday, November 24, 2019

Free Essays on Men In Education

We are two male pre-service teachers attending college at Southwestern University. Throughout our education we have noticed a lack of male teachers in the classroom. It has become evident through readings in our pre-service classes that the lack of male educators is more prevalent now than ever. A common hypothesis for the lack of male teachers that has been prominent in our readings is due to the stereotyped gender roles of teaching. We believe that the stereotyped roles in society play a larger factor in the shortage of male teachers. To assist our hypothesis we will first look at the role of the teacher. The roles of teachers in modern schools have become more complex due to the changing society. Not only are teachers expected but they are also expected to instruct their students about other cultures, how to behave, and now they are even expected to be parental figures for their students. For these reasons, much more is expected from educators, especially male, than in the past. The perceived stereotyped roles of each sex have also evolved. Men usually consider themselves a role model for their students more so than their female colleges while women usually consider the teaching and the education there first and foremost duty (Rodriguez p.4). The need for male models in schools seemed to be self-evident for many teachers; ‘children at the age of puberty would definetly need a father figure, and many of them’, said a female teacher in an interview. Some of the teachers mentioned that it is especially boys of single mothers who need a male model at school, while others talked more generally about children or young people. Some of them seemed to remember girls after having first mentioned boys (Lahelma et al, forthcoming,a). This is due to the fact that most children coming from single parent homes live without their father. Therefore the male teacher is placed into a parental role, especially at the lower grade levels. ... Free Essays on Men In Education Free Essays on Men In Education We are two male pre-service teachers attending college at Southwestern University. Throughout our education we have noticed a lack of male teachers in the classroom. It has become evident through readings in our pre-service classes that the lack of male educators is more prevalent now than ever. A common hypothesis for the lack of male teachers that has been prominent in our readings is due to the stereotyped gender roles of teaching. We believe that the stereotyped roles in society play a larger factor in the shortage of male teachers. To assist our hypothesis we will first look at the role of the teacher. The roles of teachers in modern schools have become more complex due to the changing society. Not only are teachers expected but they are also expected to instruct their students about other cultures, how to behave, and now they are even expected to be parental figures for their students. For these reasons, much more is expected from educators, especially male, than in the past. The perceived stereotyped roles of each sex have also evolved. Men usually consider themselves a role model for their students more so than their female colleges while women usually consider the teaching and the education there first and foremost duty (Rodriguez p.4). The need for male models in schools seemed to be self-evident for many teachers; ‘children at the age of puberty would definetly need a father figure, and many of them’, said a female teacher in an interview. Some of the teachers mentioned that it is especially boys of single mothers who need a male model at school, while others talked more generally about children or young people. Some of them seemed to remember girls after having first mentioned boys (Lahelma et al, forthcoming,a). This is due to the fact that most children coming from single parent homes live without their father. Therefore the male teacher is placed into a parental role, especially at the lower grade levels. ...

Thursday, November 21, 2019

Compare the ideas of Carl Sauer in his specific idelogical view Essay

Compare the ideas of Carl Sauer in his specific idelogical view Thinking Geographically Space theory and contemporary human geography Hubbard Kitchin et al to - Essay Example Thus, Sauer helped to establish many of the academic structures of present day geographical studies as well as link the importance of all of these studies in an effort to achieve better understanding among students in sharp contrast from the rather unschooled, strictly physical approaches to the science that had gone before him. In bringing forth these ideas, Sauer differed greatly from his predecessors, such as David Livingstone, who explored geography on a purely physical plain. Livingstone conducted his explorations during what is considered the new imperial age of exploration in which was seen great expansion of territories and ideas. In his world, the goals of exploration were quite different from the academic pursuits for understanding of Sauer’s time, serving to validate European held beliefs that expounded the idea of an organized universe and serving to claim new lands for God and crown. Based on their ideas of universal hierarchy, which was further supported by the ideas of Social Darwinism, it was believed the cultures of Europe had seen much higher advancement than those of Africa. Rather than seeking to learn about the cultures and people they came across, Livingstone and others sought instead to convert them, saving their souls and teaching them the ‘right’ way to live, the reby losing much of the advantages to interaction, in terms of information regarding the physical landscape as well as a means of learning about their ancient stories and cultures. Modern geographers such as Harry Kitchen, on the other hand, have taken to segregating their studies into various fields such as economics and physical geography, but yet have continued to draw out the linkages between these fields. In writing about the geography of Canada, Kitchen is careful to enumerate the physical geography of the provinces as well as the economic challenges this

Wednesday, November 20, 2019

Business Analysis Essay Example | Topics and Well Written Essays - 1500 words

Business Analysis - Essay Example The business will use direct and indirect distribution channels. Direct distribution will distribute to specific clients using online selling and telemarketing to consumers, whereas, on the indirect distribution channels, the products will be distributed through retailers and stores to consumers (MAGAZINE, 2012). To ensure that the business penetrates the market, the business will often undertake promotions such as advertisements and sales promotions to inform and remind clients on the fashion trends and the ultimate goods to new and older customers. The business will provide our broad range of customers with fashionable and quality products and by giving opportunities that will help the business increase its sales volume. To ensure that they the business gains a competitive advantage over other clothing lines, the business has to develop a management that will push the business forward to achieving a high range market. The business will also build trust with the customers and make them understand that the clothing products the business offer are reliable for the growing market thus hoping to build on the strengths and to overcome the weaknesses encountered during the business operations (MAGAZINE, 2012). The fashion industry is a drastically changing one, where trends comes and go, therefore, for a business to succeed in the clothing line industry, one must understand the customers and their tastes and preferences. One must possess the ability to predict the fashion trends before they hit the market, also be creative and flexible in all activities of the business. Therefore, one has to develop working functions of the business, to ensure they capture all the activities of the business that will secure its success. Some of the main business functions are found in the different business process developed for daily business operation (BROWN, 2008, p. 53-56). First, the

Monday, November 18, 2019

Health Care Career Report Essay Example | Topics and Well Written Essays - 500 words

Health Care Career Report - Essay Example In terms of rationale, it can be affirmed that the aforesaid careers have been taken into concern for comparison. It is done in order to obtain an in-depth understanding about the scope of such careers in the future and attain the predetermined objectives of ‘Healthy people 2020. The academic preparation, certifications and credentialing of the career of nutritionists, as well as dietitians, are primarily based on the completion of the program relating to dietetic techniques. The program is approved by, an ascribed education institution (Academy of Nutrition and Dietetics, 2014). In contrast, the academic preparation, certifications and credentialing of epidemiologists as a career can be ascertained as the completion of certain certificate programs. Such programs are like ‘Fellow of the College of Applied Epidemiology (FCAE) and ‘Member of the College of Applied Epidemiology (MCAE) among others (ieph inc., 2004). Finally, the academic preparation, certifications and credentialing of the career of counsellors is identified to be based on the completion of graduation programs. Such programs are particularly related with counselling about health-related subject matters (Trustees of the California State University, 2014). The sites of potential employment of the above discussed three careers can be found to be quite similar. In this regard, the sites may fundamentally include government registered clinical institutions and private nursing homes among others. However, the salary range differs amid these three careers. Notably, on average, health educators earn a salary of $58,553 per year (Salary.com, 2014). Compared to that of nutritionists and dietitians, epidemiologists and counsellors who earn averagely $40,807 (US PayScale, 2014), $65,270 (Bureau of Labor Statistics, 2012), and $43,000 (Indeed, 2014), respectively. In terms of importance of community health, the career of Nutritionist as well as dietitians tends to

Friday, November 15, 2019

Analyse Additional Elements of the Extended Marketing Mix

Analyse Additional Elements of the Extended Marketing Mix This essay looks at the main elements of both the original and the extended marketing mix. This includes an introduction to the concept of the product life cycle, new product development, pricing strategies, distribution options and the promotion mix. Finally, the essay develops marketing mixes for Coca Cola to meet the needs of different target groups. Explain how products are developed to sustain competitive advantage. Sustainable competitive advantage is the focal point of a corporate strategy (E-Course, 2013). It allows the preservation and improvement of an organisational competitive position in the market. It is an advantage that allows business to stay alive against its competition. A competitive advantage is an advantage over competitors gained by offering consumers greater value, either by means of lower prices or by providing greater benefits and service that justifies higher prices (Teacher Republic, 2013). See Coca Cola Companys competitors and positioning in (Appendix1) See Porters competitive advantage and cost advantage in (Appendix 2). When a company brings a new product into a market they must think about who is the product aimed at, what advantage will customers expect, how does the company plan to position the product inside the market and what benefit will the product proffer over their competitors. According to Kotler product have three levels, core product, actual Product and augmented product, see Coca Cola product levels in (Appendix 3) Product life cycle is the course of a products sales and profiles over its lifetime. It involves five distinct stages: product development, introduction, growth, maturity and decline (Kotler, et al, 2005). When companies introduce new product, it takes some time to be extensively accepted, at which point its sales and incomes will begin to rise. This will attract other competitors into the market, cause the market to mature. Finally, the market will decline as companies start to introduce the next product, and customers switch to that product. See Coca Cola product life cycle in (Appendix 4) Coca Cola Company provides different type soft drinks like Coke Zero, Diet Coke, Fanta etc. There good image makes the organisation more strong. Coca Cola is providing good taste, quality products with qualified staff, good atmosphere and hygienic environment. They are specialised in soft and fizzy drinks. Coca Cola have created good image in customers mind, their image is reputable and reliable, and it has one of the most well-liked soft drinks available. They have well-known which is why customers feel comfortable in buying Coca Cola products. Coca Cola can market too many different segments. Coca Cola can market their product to teenagers much easier than older people, because teenagers are their target market. See Coca Colas mission statement in (Appendix 5). Explain how distribution is arranged to provide customer convenience. Distribution in marketing acts importantly to attract customers convenience and organisations use method of distribution to see their ability. Two types of channel of distribution methods are available. Indirect distribution involves distributing product by the use of an intermediary. Direct distribution involves distributing direct from a manufacturer to the consumer (Kotler, et al, 2005). Distribution is underneath the group of place, therefore organisations create a precise distribution method so that its readily available to the customers and it can improve possible sales for an organisation. See Coca Cola distribution channels in (Appendix 6). The Coca Cola Company sell its products with bottling and canning operations. The distributors get to the Coca Cola to the wholesalers and the wholesalers get it to retailers and at final the customers buy Coca Cola from retailer shop. If Coca Cola does not work on its distribution services then their bottles are just reachable at their factories then customers may not be keen to get them. Its more appropriate for the customer to buy Coca Cola from a close seller as compared to getting it from factory. Therefore distribution system of an organisation can be both its weakness and strength. Companies should know that their products are available at retailer shops and stores where customers can easily buy it. Explain how prices are set to reflect an organisations objectives and market conditions. One of the parts in the marketing mix is pricing. This part of the 4Ps are the one making returns and which is also why it is important that an organisation chooses the right price. Pricing is one of the most significant parts of the Coca Cola Company marketing mix, which makes revenue for them. Coca Cola use different types of pricing strategies. The pricing strategies are standing much on what aims the company has put itself to achieve. See (Appendix 7). Owing to the accessibility of wide variety products the pricing is complete according to the market and geographic segment. Each sub-brand of coca cola has different pricing strategy. Their pricing strategy is base on the competitors pricing, Pepsi is one of their competitor in soft drink industry. The Coca-Cola Company choose their pricing objective they believe will be most effective in dispensing their brand to customer, to do this Coca-Cola use market-skimming pricing. Coca Cola Company use marketing-skimming as there is a enough number of purchasers that have a high demand, also Coca Cola sets an primary high price and then lower the price to make the product available to a extensive market. Coca Cola Company use penetration pricing strategy as they want to hold maximum share of the market by maximum profit. Coca Cola use discount pricing, where their products prices are often become down during sale periods and special occasions, like Christmas, Easter etc. Also Coca Cola use competitor pricing, where to meet the competition pricing, their products pricing are set about the same level as it competitors. Illustrate how promotional activity is integrated to achieve marketing objectives. Promotion being an element of marketing mix consists of communication among the customer and seller of that product (Kotler, et al, 2005). Promotional activities are important element because, these activities are performed in order to inform customers about the product and it includes personal selling, adverting, public relations, sales promotion, direct marketing etc. An advertisement, for instance helps a buyer to get to know about the company and it is products, this can be done by bill boards, banners or posters. The benefit of advertisement is that it informs people about different products and services, their utilities, cost and other requirements. The disadvantage is cost because advertising is more expansive. In personal selling companies use their staffs to sell their product after face-to-face communication with the customer and seller efforts to convince a customer to purchase the product. Personal selling is one of the ways to keep good customers relationships, but this method is expensive. Sales promotion is short term incentives to encourage purchase or sales of a product or service (Kotler, et al, 2005). Here are some examples of sales promotions activities and it includes buy-one-get-one-free, bonus points, free gift cards, vouchers and coupons, competitions and prize draws, etc. The advantage is that sales promotion can help companies to provide right information to customers, also it encourage repeat purchases and customer loyalty, but the advantages are that it increase price sensitivity and it is generally for a short duration Public relations play an important role in promotion. It can be used to create a good image of the company for example magazines, TV or radio etc. PR is inexpensiveness of the cost, but it is hard to predict about the responses and it increase the risk. Direct marketing is where a company selling their products directly to people such as fliers or street advertising. It allows targeting specific customer and it can be measureable, but it is difficult to get it is direct impact and it can be quite expansive. Coca Cola use different methods of advertisement and the company spends a significant amount of money in order to be seen on billboards, radio, magazines, television, and on the internet. The Coca cola Company uses advertising as its key source of increasing buyer consciousness. It mostly uses the television; this source allows the companys products to attract more customers. Coca Cola uses the radio as another method of advertisement and this is a cheaper then TV. They use personal selling, where the company train their sales staffs, which they preform as a representative of the company to the shops. Newspapers and magazines are other forms of advertising that is extensively used by Coca Cola. Moreover, Posters, signs and billboards are also broadly used as an important part of the Coca Cola promotion. Coca Cola billboards are normally placed at the city centres and their posters are usually displayed at the shops, public transport and restaurants like McDonalds, KFC, etc. In addition, Internet is another method where different forms of Coca-Cola advertisements are placed. Specially, the brand online advertisement is assumed through the wide use of banners, on-site sponsorships and several other formats of online advertisements. Analyse the additional elements of the extended marketing mix Marketing mix has three additional elements: People, Process and Physical Evidence People are one of the elements of service marketing mix. People define a service. This mentions to the people who are in straight contact with the customer such as staff. One of the important parts in selling a product is the companys staff because most customers rely on a decent service before purchasing a product. For example, the employees in Coca Cola Company have a standard uniform. The companies always focus on friendly and quick service to its customers from their staffs. The process of the product is essential in marketing. This determines the capability of the product to supply the demand of the consumers. The process at Coca Cola Company is transparent and hidden (the whole process is not visible to the customers). Coca Cola has two types of processes which is involves bottling and labelling solutions. The most important stage that Coca Cola consider is control of the company to get products at the agreed time and good quality, and the last step they consider is, the selling of beverage for target customers of distributors. Physical evidence is an important element of marketing mix where customers will base their decisions based on the service which intangible. Companies physical evidence is supported by signs, symbols and artefacts of the business itself. Examples of this would be the signage in Coca Cola which reassures the customer through branding. Plan marketing mixes for two different segments in consumer markets. Coca Cola Company is focusing on target market; when it markets a product it mainly consider on demographic and physiographic segmentations; where demographic segment before it markets it identify the consumer groups in: age, sex, education, race, and occupation, and in physiographic it divides the market into different levels as: lower class, middle class, and upper class to identify their customers. Coca Cola segments different ages. The company focus on whole population in the world, but young generation is the target marketed of the company. Also Coca Cola segments different income levels by packing. For example, customers who have small income, Coca Cola has small returnable glass bottle, for middle people it has small non returnable bottle and for rich and higher income people, the company has Coca Cola tin. Marketing mix for Diet Coke: Coca Cola developed a new product. This product is a diet drink by the name of Diet Coke. They have designed the marketing mix of product which is detail in below: Product: Diet Coke is a very fresh and tasty diet drink. This new and fresh drink is made to provide the consumers with energetic feel with taste as well. Diet Coke is available in different sizes of which start from 330ml 2L bottle. This drink is mainly for the female teenagers from age 16 24. (Get Me Media, 2012) Price: Price of Diet Coke is very reasonable as compared to its major competitors. According to Tesco price its 330ml bottle is for 65p and 2L bottle is for  £1.98. Place: placement has an important role to play in the products success and failure. That is why the company makes sure that the Diet Coke is place in such a way in market that its in reach of every customer. They have very strong distribution channel and their product is available on maximum stores in the city. Promotion: For a product of such high standards like Diet Coke it requires good promotional activities. For this purpose the Coca Cola Company have chosen following promotional tools: for advertisement the company have use different types of media like television, newspaper, magazines, internet and radio. Illustrate differences in marketing products and services to businesses rather than consumers There are some characteristics to a service such as: lack of ownership, intangibility and inseparability. Each of these taken into account when marketing a service, see (Appendix 8). A product is something which is tangible where as a service is intangible. A product is much easier than the service because after marketing and selling a product there is something tangible to be seen by the customers for they are satisfaction but in services they cannot because its intangible. Basically, the marketing of product is particularly focused on 4Ps in marketing mix namely product, price, place, and promotion. The Coca Cola Company analyse the major demand of their customers in order to find out a product that can respond the market demand. Firstly, Coca Cola Company focuses on the strength as well as eliminates the vulnerabilities of marketed products in order to improve products to meet customers demand as much as possible. Secondly, they focus on the pricing factor in product marketing because the price must be set to match with the purchasing power of a target group. The Coca Cola know the nature price of selling products. Thirdly, the Coca Cola focus on place because place of product marketing refers to distribution channels to deliver and sell the product to customers. Lastly, they create the promotion on the product in order to persuade customers and motivate the sale in a short term. On the other hand, a service is the action that provide for customers. The service marketing is generally use 7Ps which is extended from 4Ps by adding people, process and physical evidence. It is important for any service industry to employ appropriate staffs or people. Employing and training of staffs have good impact that is why the Coca Cola Company gives training to their staffs because most of customers will judge the quality of their service from staffs. Therefore, Coca Cola employ staffs that have good and interpersonal skills. Conclusion: The essay shows that marketing mix (4Ps and 7Ps) is a very important part of creating marketing strategy, also it is crucial for a company to implement their marketing concept successfully. The Coca Cola Company develops their product or service to meet the customers needs and wants; then they seem into determining how their consumer going to receive the product and they consider direct or indirect channels of distribution. The Coca Cola Company will decide a price for their products that ensures a profit. Finally, they promote their product by using different advertising methods to attract customers.

Wednesday, November 13, 2019

Plagiarism and Computers :: Cheating Education Essays

Plagiarism and Computers missing works cited What is Plagiarism? Plagiarism is defined in the dictionary as "appropriating as one’s own the writing, ideas, etc. of another". Plagiarism.org goes into more detail when it defines plagiarism as "the improper use, or failure to attribute, another person's writing or ideas (intellectual property). It can be as subtle as the inadvertent neglect to include quotes or references when citing another source or as blatantly unethical as knowingly copying an entire paper verbatim and claiming it as your own work." I believe they make this longer definition on a web page because plagiarism has become a bigger problem since the creation of the Internet. The Internet is a fast easy way to cheat on papers and ideas. It is incredibly simple to download entire term papers for free or for a small fee. Sometimes you don’t have to pay for a complete essay. Sometimes submitting your own essay is all you need to do to gain someone else’s work. Term paper mills have become a popular activity among high school and college students. If you look up forgery-encouraging web pages, it is easy to see that there are many options for getting effortless information and material off of the Internet. What are the Consequences? The consequences of appropriation can be severe. Even on this paper’s guidelines, the punishment for plagiarism is either failing the class or dismissal from the university, depending on the severity of the piracy. In several of my classes, forgery results in failing the work that you plagiarized for. Many teachers do not appropriately check for fraudulence in work. They don’t feel that they have the time for checking each paper individually for copied information. I can understand how this would seem more work than it is worth in most instances, but catching a few plagiarists per class and publicly punishing them would help maintain class integrity. The rest of the class would be forewarned against further cheating. Boston University has filed a lawsuit against a few of the Internet term paper companies. There is no guarantee that the university will win the lawsuit. It is quite a bit like the lawsuit Metallica filed against the piracy of the web program Napster. There was a lot of publicity about Napster because it was a file-sharing program that some artists claimed hurt their album sales. The sharing of music on the Internet paired with the new technology of CD burners can have an impact on the music market because people will burn their own CDs rather than paying the ridiculously high prices for them.

Sunday, November 10, 2019

Human history Essay

Human history has undergone various revolutions, political, economic and nationalistic revolutions. Of important consideration too, is the psychological revolution that has made significant advances which helped to unravel the mysteries of human behavior. This encompasses the scientific ability to understand how we behave and why. It is not surprising that various approaches had developed namely: the behavioral, cognitive, cross-cultural, humanistic, psychoanalytic, and psychobiological approaches. Although some would readily view each approach as conflicting, they mainly vary in focus and could be viewed and used as complimenting methods (Carunchio, C. â€Å"The Study of Psychology†). However, for the purpose of this paper, discussion will deal only with the psychoanalytic approach. The psychoanalytic theory developed by Sigmund Freud had created a huge impact that went beyond the walls of scientific study. Although it has also garnered much criticism, it is still considered as one of the major contributors in the field of understanding human behavior and opened new ways of treating psychological problems (psychosomatic illnesses) which were remotely understood by previous physicians. According to this perspective, behavior is the byproduct of instinctual and unconscious forces. The mind is a battleground where these conflicting psychic forces struggle for supremacy and our behavior often represents a compromise between these forces (â€Å"Major Themes and Assumptions of Psychoanalytic Theory†). Major Assumptions Include: A. Man’s behavior is fueled by a psychic energy which always looks for an outlet to be expressed. Common psychological occupation which involve feelings and thought processes is presumed to be triggered by the libido/sexual and death instincts. It believes that human behavior (normal or abnormal) is shaped and influenced by these inner forces of which man is unaware, being repressed into the unconscious depths of the mind, since early expressions continually receive punishment. Hidden in the recesses of the mind, it becomes the very source of energy which continually strives for release. B. Topography of the psyche: unconscious, pre-conscious, and conscious The mind is represented through the famous ‘iceberg’ metaphor. The unconscious is represented at the baseline of an iceberg, hidden and comprising the largest part. At the middle is the pre-conscious. It flashes some of the hidden part of the unconscious to consciousness, just as a real iceberg is partly ‘seen’ and partly submerged. Topmost, and also the smallest part, corresponds consciousness — illustrating the little amount of human experiences that man is aware of. Painful and unacceptable information, of which the conscious part is unable to bear, is pushed down to the unconscious. C. Structure of Mind: Id, Ego and Superego It has a corresponding mental structure: the Id, Ego and Superego. Behavior is either motivated by any of the dynamics of these structures. Irrational behavior is influenced by the Id; rational actions by the Ego, while moral measures by the Superego. D. Means of Resolving Psychic Conflicts Shape a Person’s Personality A person’s trait is determined by how a person resolves these internal struggles. Onset of shaping starts from early childhood experiences. Unresolved stages would cause a person to be ‘stuck’ at a certain psychosexual stage (oral, anal, phallic, latency, genital). A person for example, fixated at the oral stage, will either exhibit to flip from one extreme of over-dependence or being highly independent (â€Å"Freud’s Psychosexual Stages of Development†). E. Psychic Determinism It assumes that nothing is accidental. Forgetting or remember something, ‘slips of the tongue’, or content of dreams are seen as influenced by hidden causes (in the unconscious) which are only looking for expressions. The goal of psychoanalysis is in reliving events or probing into hidden causes in order that conflicts will be resolved in the consciousness. F. Defense Mechanisms An integral part of maintaining human functioning includes defense mechanisms. Unpleasant thoughts or events which prove too painful for the conscious to tolerate are rerouted to the unconscious by means of defense mechanisms. G. Objective of Therapy is to Help Resolve Psychological Problems Through Probing into the Unconscious The goal of therapy is to help a person resolve unconscious conflicts. These hidden conflicts are brought to the fore by means of free association, wherein a person says whatever came to mind and to let one association lead freely to another, regardless of whether it is logical or irrational. It also uses hypnosis to achieve its objective (R. Smith, I. Sarason, and B. Sarason. â€Å"Psychodynamic Perspective: The Forces Within†). References: 1. Carunchio, Clotilde. â€Å"The Study of Psychology†.PowerPoint presentation taken from http://www. unich. it/facolta/psicologia/matdid0607/carunchio/thestydyofpsychology. pdf 2. â€Å"Major Themes and Assumptions of Psychoanalytic Theory†. http://www. wilderdom. com/personality/L8-1MajorThemesAssumptionsPsychoanalytic. html. 3. â€Å"Freud’s Psychosexual Stages of Development: Oral, anal, Phallic, Latency, Genital†. http://www. wilderdom. com/personality/L8-5FreudPsychosexualStagesDevelopment. html 4. Smith, R. , Irwin and Barbara Sarason. â€Å"Psychodynamic Perspective: The Forces Within†. Psychology: Frontiers of Behavior. Harper and Row, Inc. 1986.

Friday, November 8, 2019

Psychological research is often conducted in Essays

Psychological research is often conducted in Essays Psychological research is often conducted in Essay Psychological research is often conducted in Essay a ) Piliavin, Rodin A ; Piliavin ( 1969 ) carried out their survey into good samaritanism on the belowground train system in New York. The trains chosen were those going to the Bronx through Harlem. They were peculiarly chosen as the train travelled, without halting, for 7.5 proceedingss and the research workers could traverse to the other station and travel back along the same portion of the path. The residents of the train, the unintentional participants in the survey, were described as 45 % black and 55 % white. The seats in the metro auto were in such an agreement that people were seated in 2, every bit good as standing, environing the topographic point where the experiment took topographic point. The experiment consisted of a individual fall ining in forepart of the travelers and was intended to prove whether they offered any aid under some varying fortunes. The individual who collapsed was varied to see what difference it made to the assisting. Three of the victims were white and one was black, one pretended to be intoxicated and one carried a cane. Another fluctuation was at what point a model rider, besides a Confederate, came to the assistance of the victim , and where he was stood in the train beforehand. All the tests of the experiment were carried out between 11am and 3pm on a figure of weekdays between April and June in 1968. B ) When the research workers compared their consequences to old findings they discovered a high degree of samaritanism. This was true peculiarly for the status in which the victim held a cane he was helped on 62 out of 65 tests before the model rider had a opportunity to step in. The sum of people who helped the seemingly intoxicated victim was lower, but still significant, at 19 out of 38 tests. In add-on, it took much longer for the rummy to be helped than the adult male with the cane. In 60 % of the tests run in the experiment in which the victim received aid, it really came from more than one individual. The research workers besides recorded the features of the individual who came to assist. In 90 % of the tests the assistants were work forces, while merely 60 % of the people near the victim were male. In the race factor, there was little prejudice towards the victim being helped by the same race, although this was a little consequence. This same race consequence became larger when the victim was rummy. The research workers did non happen support for the thought of the diffusion of duty that had been proposed in old research. This states that the more bystanders present, the less likely it is they will expose assisting behaviors. degree Celsius ) One of the most of import advantages for this survey was in its ecological cogency. Previous surveies that had attempted to analyze the rule of diffusion of duty were based on surveies carried out in the research lab. The writers of this survey argue that the puting they have used is much more true to life. A individual falling ailment on the resistance is rather a plausible state of affairs and, every bit far as the participants are concerned, it is a existent event go oning in forepart of them. This is an of import point, because if participants are cognizant that they are involved in an experiment so they may alter their behavior, which will do the consequences less valid. The survey was carried out in a public topographic point and so it included approximately 4,450 participants the people on the trains at that clip. This big sample size means that it is easer to be confident in generalizing the findings in this survey to the overall population. The same factor that is the experiment s chief advantage can besides be seen as its greatest disadvantage. None of the participants in this survey were asked if they would wish to be involved and were, in fact, being deceived that there was a existent exigency taking topographic point. Besides, none of the participants were debriefed after the experiment was over and they may hold been upset by what had happened. These factors are all jobs that make this kind of experiment unethical to transport out. A 2nd disadvantage of this survey is more general to those carried out in the field. It can be much harder to command the environment outside the research lab. This means that it can be hard to acquire rid of all the confusing factors. For illustration it is possible in this experiment, as it was repeated at the same clip of twenty-four hours, that some participants saw the victim prostration on more than one juncture. By and large talking, existent life is ever traveling to be more unpredictable than the research lab scene. vitamin D ) An alternate manner of garnering informations for this survey would be to transport out the experiment in a different location, but still in the field. One unfavorable judgment of Piliavin s survey was that because the participants in the experiment were in close propinquity to the victim and could non get away, the diffusion of duty consequence was non seen. Besides the implemented propinquity may hold encouraged the assisting consequence. One option, so, might be to transport out this experiment on a busy street where people can easy acquire off from the victim . The consequences of this experiment carried out in the street would, possibly, show a lower degree of assisting behaviors. This is because the passerbies are non forced to interact with the victim and can easy look away or cross to the other side of the street. Besides, the diffusion of duty consequence might be seen in this state of affairs. This may be because if people are less likely to assist so there is more opportunity for it to go on. On the belowground train people tended to assist rather rapidly and so it was more hard to see this diffusion. It could be argued, nevertheless, that the disadvantage of the new location is that it is even harder to command than an belowground train. It is much more hard to mensurate who has seen the victim, unlike in the train where about everyone can be assumed to hold seen them. On a street there are many other factors that could come into consequence as it is an unfastened environment. The belowground train is enclosed and so likely to be more controlled. In an unfastened street environment it would besides be more hard to maintain a count of the figure of passerby. Mentions Piliavin, I. M. , Rodin, J. , Piliavin, J. A. ( 1969 ) . Good samaritanism: An resistance phenomenon? Journal of Personality and Social Psychology, 15 ( 4 ) , 289-299.

Wednesday, November 6, 2019

Wolfs essays

Wolfs essays The reintroduction a species into a new territory is always controversial. The restoration of wolves into Yellowstone Park and Idaho is no exception. Although the wildlife conservationists fought to save wolves, n the other hand ranchers revolted wolves, killing them every chance they got. The restoration of wolves in Yellowstone Park actually began in the foothills of the Canadian Rockies of in central Alberta. The team consisted of three scientists in a helicopter, the pilot, one biologist serving as spotter, and a second biologist who darted the wolves with a tranquilizer gun. The darter had to wear a jumpsuit and a nylon harness around the waist to support him when he leaned out of the helicopter to get the best shot possible. As the pilot maneuvered through the trees the spotter would spot the wolves then they would try to run the wolves down a path to a clear-cut were the darter could get a shot within fifty feet. The tranquilized wolves were then loaded them into the helicopter. The wolves were taken to Switzer Provincial Park, near Hinton Alberta, and veterinarians there would closely inspect the wolves for injuries and treat the dart wounds. Biologists examined them closely to determine their age, sex, size, and reproductive ability. When the wolves wo ke up they are tranquilized again, placed in small travel kennels, and loaded into a USDA Forest Service transport plane headed for the United States, and there released nearly eight hundred miles south in Yellowstone National Park and central Idaho. In the 1870s people didnt understand biology and the notion that all living things have value. During these times beaver pelts, elk, and wolf hides were worth a great deal to the fur trading companies. In 1885 wolfing was actually carried on as a full time occupation. Every three to four miles the wolfers would kill a buffalo and insert strychnine into the entrails, tongue and flank of the animal. T...

Monday, November 4, 2019

Agency,innkeepers doctrine,and liquor licensing law Case Study

Agency,innkeepers doctrine,and liquor licensing law - Case Study Example (a) Worf (the "third party") cannot enforce the contract against Picard (the "principal") because Riker (the "agent") acted outside its actual authority and against the instructions of the principal. In the given problem, the named principal instructed the agent to negotiate for the wine collection with a limit of $200,000 but the agent contracted, in violation of the named principal's instructions, with the third party in an amount of not less than $220,000 for the wine. If a principal is disclosed and named, and the agent acts out outside its actual or apparent authority, then only the agent is liable to the third party. Hence, Worf cannot enforce the contract against Picard.(b) No, the answer would still be the same even if the agent had not informed the third party of the name of the principal because the agent acted outside its actual authority and against the instructions of the unnamed principal. In the given problem, the unnamed principal instructed the agent to negotiate for the wine collection with a limit of $200,000 but the agent contracted, in violation of the unnamed principal's instructions, with the third party in an amount of not less than $220,000 for the wine. If a principal exists but the name of the principal is not disclosed, and the agent acts out outside its actual or apparent authority, then only the agent is liable to the third party. Hence, Worf cannot enforce the contract against Picard.(c)... In the given problem, the principal instructed the agent to negotiate for the wine collection with a limit of $200,000 but the agent contracted, in violation of the named principal's instructions, with the third party in an amount of not less than $220,000 for the wine. Specifically, the principal in the given problem has the following causes of action: (1) for rescission of the agency agreement, (2) refusal to pay the agent commission or the flat fee for the agent's services, (3) a claim for damages, (4) a cause of action for the recovery of secret commission (the 'gift' of four cases of rare vintage wine accepted by the agent), and (5) criminal charges for accepting a secret commission in the form of a 'gift' of four cases of rare vintage wine. Picard, therefore, has several causes of action against Riker. (e) Should the principal in the given problem voluntarily chose to accept the agreement concluded by his agent and the third party, Picard will be deemed to have ratified the acts of his agent. Under the legal principle of ratification, where an agent enters into a contract without any authority, the principal can ratify the action; or where an agent enters into a contract for an existing principal and in so doing exceeds its authority, the principal can ratify the action. The principal's ratification of the agents acts, however, are subject to the following conditions for a valid ratification: (1) when contracting, the agent must be clearly acting as an agent, not personally, and the third party must be aware that they are acting as an agent; (2) the principal must exist when the agent contracts; (3) the principal must have the capacity to contract for the object of the

Friday, November 1, 2019

The Rocking-Horse Winner VS. Janus Essay Example | Topics and Well Written Essays - 500 words

The Rocking-Horse Winner VS. Janus - Essay Example The lady portrayed in the story by Lawrence is Paul’s mother â€Å"Hester,† who finds her marriage to be unlucky as she is unable to cope up with the poor financial situation of her married life. She even feels that her children are a burden for her. The story opens with the line â€Å"woman who was beautiful, who started with all the advantages, yet she had no luck† (Lawrence). Hester is blessed with three children and her son Paul is shown as a strange character who after receiving the rocking horse gets a strange power, which helps him to predict the horse race winners correctly. He makes a good amount of money out of this and tries to help his mother so that she can pay off the debts. Instead of clearing the debts, she squanders the money for their stylish living. This shows that the lady has a sick desire for money. The story ends with the tragic death of Paul after falling from the horse. In Ann Beatties’s â€Å"Janus,† the protagonist’ s name is Andrea, and she is a successful real estate agent who believes in her lucky bowl. When she gets a buyer for the house, â€Å"she places the bowl in the house that was up for sale† (Beattie 595). This indicates that she was a blind believer of her luck, which she thought relied on the bowl. She credits her achievement to the bowl that is often also admired by the buyers. The story starts with the introduction of bowl – â€Å"The Bowl was perfect,† as the author puts it.

Wednesday, October 30, 2019

Inerrancy and Infallibility of the Bible Essay Example | Topics and Well Written Essays - 3500 words

Inerrancy and Infallibility of the Bible - Essay Example Also, there are some who are only nominally members of these faiths, and although they may or may not have a faith in God, their belief in the truth of the scriptures may be incomplete or absent. Others are prepared to accept general truths such as that Jesus was a good man, but would find it much more difficult to accept that he was the promised Messiah, the Saviour of the world. There are many misapprehensions. Many people believe that the Bible was written in a chronological way, but upon examination, this assumption falls flat. The epistles, especially those of Paul, for instance, were written down before the dates of the Gospels, yet follow them in modern Bibles. The minor prophets such as Malachi and Zephaniah are simply gathered together in order of size, rather than any chronological order. 1 When it comes to early books of the Bible it must be remembered that stories would have in the first instance been passed on by oral tradition i.e. passed on a word by word down the gene rations. Abraham did not carry stone tablets out of Ur. His story was written down much later. This does not take away or add to their validity as historical documents. According to the introduction to the Book of Genesis by Youngblood2, within the last 200 years Bible scholars have managed to distinguish 4 different threads within Genesis i.e. document U which include Yahweh , the personal name of God; E, Elohim , a generic name for god, D for a Deuteronomic source, and P for a priestly source. These scholars believe that the documents date from the 10th to the 5th century BC. So some later writer has brought together many different sources into a coherent whole. Thesis The Bible is not a history or scientific text and does not claim to be so. It is inspired by an infallible God, ( 2 Timothy 3 v 16)3 but put together by man, who is fallible. But because it is said to be inspired by God, as far as points necessary for salvation and man’s relationship with God the Bible is inf allible. Method This thesis will be explored by considering various Biblical passages as well as certain historical instances. The Bible Record. On this topic, Paul, writing in Ist Corinthians, one of the earlier New Testament documents, said:- We have not received the spirit of the World but the Spirit which is from God, that we may understand what God has given us. This is what we speak, not in words taught by the Spirit, expressing spiritual truths in spiritual words.4 Not all the words in the Bible were recorded in written form immediately after the events they record. For instance Matthew 28 v 12 and 13 record how the Sanhedrin paid off the guard, instructing them to say that the disciples had stolen the body. The evangelist then adds in v 15 ‘This story has been widely circulated among the Jews to this very day.’5 i.e. thus indicating a passage of sometime before the story was recorded. Nor was everything known recorded in the books now contained within the canon of scripture. After describing himself as an eye-witness to events by saying that he testifies to the things recorded John goes on to say:- Jesus did many other things as well.

Monday, October 28, 2019

Constitution of India Essay Example for Free

Constitution of India Essay Section 10(3)(c) of the Passport Act authorizes the Passport authority to impound a Passport if it deems it necessary to do so in the in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interest of the general public. Maneka’s passport was impounded by the central Government under the Passport Act in the interest of the general public. Maneka filed a writ petition challenging the order on the ground of violation of her Fundamental Rights under Article 21. One of the major grounds of challenge was that the order impounding the Passport was null and void as it had been made without affording her an opportunity to being heard in her defence. The court laid down a number of propositions seeking to make Article 21 much more meaningful than hitherto. ↠ The court reiterated the proposition that Article 14, 19 and 21 are not mutually exclusive. A law prescribing a procedure for depriving a person of ‘personal liberty’ has to meet the requirements of Article 19. Also the procedure established by law in Article 21 must answer the requirement of Article 14 as well. ↠ The expression ‘Personal liberty’ in Article 21 was given an expansive interpretation. The expression ‘Personal liberty’ ought not be read in a narrow and restricted sense so as to exclude those attributes of personal liberty which are specifically dealt with in Article 19. The right to travel abroad falls under Article 21. ↠ The most significant and creative aspect of Maneka case, is the re-interpretation by the Court of the expression ‘procedure established by law’ used in article 21. Article 21 would no longer mean that law could prescribe some semblance of procedure, however arbitrary or fanciful, to deprive a person of his personal liberty. It now means that the procedure must satisfy certain requisites in the sense of being fair and reasonable. The procedure cannot be arbitrary unfair or unreasonable. As the right to travel abroad falls under art 21, natural justice must be applied while exercising the power of impounding a Passport under the Passport Act. Although the Passport Act does not expressly provide for the requirement of hearing before a passport is impounded, yet the same has to be implied therein. Case 2 Sunil Batra vs. Delhi Administration (1980) The Court has given several directives to improve many aspects of prison administration and condition of prisoners. In this case, the Court has pointed out that its powers under Art. 32 are free from the rigid restraints of the traditional English writs. Prison torture is not beyond the reach of the Supreme Court under Article 32. For this purpose, the Court treats letters from prisoners as writ petitions. In this case, the judicial process was set in motion by a letter written by a prisoner to a Judge of the Supreme Court complaining of the brutal attack by the prison staff on a fellow prisoner. Forsaking all procedural formalities, â€Å"since freedom was at stake†, the letter was treated by the Court as a petition for the writ of Habeas Corpus. Case 3 Hussainara Khatoon vs. Home Secretary – State of Bihar (1979) Hussaainara Khatoon case of the Bihar undertrials started with an article written in Indian Express. An advocate then filed a petition under Article 32 in the Supreme Court to protect the personal liberty of the undertrials. The Supreme Court has laid great emphasis on speedy trial of criminal offences and has emphasized: â€Å"It is implicit in the broad sweep and content of Article 21†. A fair trial implies a speedy trial. No procedure can be ‘reasonable fair or just’ unless that procedure ensures a speedy trial for determination of the guilt of such person. The Supreme Court has directed release of all undertrials who have been in jail for periods longer than the maximum term of imprisonment for which they could be sentenced if convicted of the offence charged. The Court also directed that the undertrial prisoners, who are accused of multiple offences and who have already been in jail for the maximum term for which they could be sentenced on conviction, even if the sentences awarded to them were consecutive and not concurrent, should be released forthwith, since their continued detention clearly violates not only human dignity but also their Fundamental Right under Art.21 of the Constitution. The Supreme Court has taken a big innovative step forward in humanizing the administration of criminal justice by suggesting that free legal aid be provided by the State to poor prisoners facing a prison sentence. Case 4 Keshavananda Bharati vs. State of Kerala (1973) The State of Kerala passed the Kerala Land Reforms Act. 1963. This Act affected the interest of the petitioner, Keshavananda Bharati, Swamiji of a mutt. So he filed a writ petition before the Supreme Court under Article 32 of the constitution, contending that his fundamental rights under Article 14,19(1)(f),25,26 and 31 were violated by the Kerala Land Reforms Act. While the case was pending, the parliament passed three constitutional Amendments, viz., 24th, 25th 29th Amendments. The constitution Twenty-fourth Amendment repealed article 19(1) (f) which read â€Å"to acquire, hold and dispose of property†. It also repealed Article 31, i.e., compulsory acquisition of property. It made several other changes. It also included the Kerala Land Reforms Act in the ninth schedule, thereby making them immune from attack on the ground of fundamental rights. As a result, the fundamental right to property was deleted from the constitution. The petitioner felt that, by these Amendments, he would lose the case in the court. So, he amended his writ petition before the Supreme Court, challenged the validity of 24th, 25th 29th Amendments. He contended that though the power of the parliament to amend was wide, it was not unlimited. The power to amend under Article 368 should not empower the parliament to destroy the basic features of the constitution. The Supreme Court’s judgment in this case is as follows: i) The constitution Twenty-fourth (Amendment) Act, 1971, section 2(a) (b) of the constitution Twenty-fifth (Amendment) Act, and the constitution Twenty-ninth (Amendment) Act are valid. ii) The decision of the majority in Golaknath’s case that the word ‘Law’ in Article 13(2) included Amendments to the constitution the Article operated as a limitation upon the power to amend the constitution under Article 368 is erroneous, and so, is overruled. iii) The power of Amendment includes within itself the power to add, alter or repeal the various Articles of the constitution, including those relating to fundamental rights. iv) There is no power to amend or alter the basic structure of the constitution. v) The First part of the Article 31-C is valid, and the second part of the Article 31-C laying down â€Å"no law containing a declaration that if it is for giving effect to such policy shall be called in question in any court on the ground that it doesn’t give effect to such policy† is invalid. vi) There is no inherent or implied limitations on the power of Amendment under Article 368. Case 5 Air India vs. Nergesh Meerza (1981) A regulation made by Air India, a statutory corporation, fixed the normal age of retirement of air hostesses at 35 yrs but authorized the managing director to extend the same to 45 yrs at his option subject to other conditions being satisfied. The regulation was held bad as it armed the managing director with uncanalized and unguided discretion to extend the age of retirement of any air hostess. No guidelines, principles or norms were laid down subject to which the power was to be exercised. Nor was there any procedural safeguard available to an air hostess who was denied extension. A regulation providing for termination of service of an airhostess in Air India on her first pregnancy has been held to be arbitrary and abhorrent to the notions of a civilized society. Case 6 Visakha vs. State of Rajasthan (1997) The Supreme Court has declared sexual harassment of a working woman at her place of work as amounting to violation of rights of gender equality and right to life and liberty which is a clear violation of Article 14, 15 and 21 of the Constitution. Article 21 guarantees right to life with dignity. Accordingly the Court has observed in this connection: â€Å"the meaning and content of the Fundamental Rights guaranteed in the constitution of India are of sufficient amplitude to encompass all the facets of gender equality including prevention of sexual harassment or abuse† Sexual harassment also violates the victim’s fundamental right under Article 19(1)(g) â€Å"to practice any profession or to carry out any occupation, trade or business†. Thus Article 32 is attracted. In the absence of any domestic law relating to sexual harassment in India, the Supreme Court has itself laid down under Article 32 some directions for prevention of such harassment. These directions are binding and enforceable and are required to be strictly observed in all work places until suitable legislation is enacted to occupy the field. Case 7 M R Balaji vs. State of Mysore (1963) An order of the Mysore Government issued under Article 15(4) reserved seats for admission to the state Medical and Engineering colleges for Backward classes(28%) and ‘more’ Backward classes(22%). This was in addition to the reservation of seats for SCs (15%) and for STs (3%). Backward and more backward classes were designated on the basis of ‘castes’ and ‘communities’ The Supreme Court characterized Article 15(4) as an exception to Article 15(1) (as well as to Article 29(2)]. The court declared the order bad on several grounds in this case. ↠ The first defect in the Mysore order was that it was based solely on caste without regard to other relevant factors and this was not permissible under Article 15(4) ↠ Secondly, the test adopted by the state to measure educational backwardness was the basis of the average of student population in the last three high school classes of all high schools in the state in relation to a thousand citizens of that community. This average for the whole state was 6.9 per thousand. The vice of the Mysore order was that it included in the list of backward classes, castes or communities whose average was slightly above, or very near or just below the state average(e.g., Lingayats (7.1) were mentioned in BC list). ↠ Thirdly, the court declared that Article 15(4) does not envisage classification between backward and more backward classes as was made by the Mysore order. In Balaji case, the Supreme Court could sense the danger in treating ‘caste’ as the sole criterion for determining social and educational backwardness. The importance of the judgment lies in realistically appraising the situation when the court said that economic backwardness would provide a more reliable yardstick for determining social backwardness because more often educational backwardness is the outcome of social backwardness. The court drew distinction between ‘caste’ and ‘class’. An attempt at finding a new basis for ascertaining social and educational backwardness in place of caste is reflected in the Balaji decision. The court also ruled that reservation under Article 15(4) should be reasonable. It should not be such as to defeat or nullify the main rule of equality enshrined in Article 15(1). While it would not be possible to predicate the exact permissible percentage of reservation, it can be stated in a general and broad way that it ought to be less than 50%. Case 8 Indra Sawhney vs. Union of India (1992) (Mandal Commission Case) The Supreme Court has taken cognizance of many complex but very momentous questions having a bearing on the future welfare and stability of the Indian society. ↠ The overall reservation in a year is limited to a maximum of 50% ↠ Amongst the classes granted reservation, those who have been benefited from reservation and have thus improved their social status (called the ‘creamy layer’ by the court), should not be allowed to benefit from reservation over and over again. This means that the benefit of reservation should not be misappropriated by the upper crust but that the benefit of reservation should be allowed to filter down to the lowliest so that they may benefit from reservation to improve their position. The court has said that if a member of IAS, IPS or any other All India Service, his social status rises; he is no longer socially disadvantaged. This means that, in effect, a family can avail of the reservation only once. ↠ An element of merit has been introduced into the scheme of reservation. o Promotions are to be merit based and are to be excluded from the reservation rule. o Certain posts are to be excluded from the reservation rule and recruitment to such posts is to be merit based. Minimum standards have to be laid for recruitment to the reserved posts.