Wednesday, August 26, 2020

Answering questions and doing research Assignment

Addressing questions and doing investigate - Assignment Example They don't demonstrate any uncertainty on the Adidas items or material sturdiness. The main test that came out, in any case, was the issue of structure and cost. There is a requirement for Adidas to include more endeavors and attempt to plan new items that are appealing to the clients. A few people have found out about â€Å"Adidas† as a brand and have purchased Adidas items previously. Be that as it may, the populaces had differing mentalities and observation towards Adidas. Some idea that Adidas was a result of some renowned football (Regine Business Research, 2013). Examination likewise uncovers that others at first idea that Adidas was a brand implied for individuals who were of extremely high class. The vast majority of the individuals, in any case, showed that they purchase Adidas items and incline toward the Adidas items over the results of different brands, for example, Nike and Puma. A few respondents feel happy with the material and quality utilized in the results of Adidas. The respondents anyway had issues with the plan of the results of Adidas. They feel that Adidas configuration is inadequate with no alluring, snappy plan. A few people favored the Nike structures. A few people contrast it with Nike and come out with certain distinctions. A few people feel that Adidas has an issue with its marking when contrasted with Nike. Individuals get constructive and prompt impressions when considering the Nike brand and despite what might be expected, not when similar individuals consider the brand of Adidas. Adidas has no heavenly marking work like Nike making the piece of the pie of Nike relative. Subsequently, the overall piece of the pie of Adidas is practically a large portion of that of Nike (Regine Business Research, 2013). It is significant for Adidas to consider the impacts from the gatherings on the grounds that the gatherings and the organization commonly rely upon one another. As per Beard (2014), the gatherings expend the results of Adidas and, accordingly, impact the accomplishment of the organization

Saturday, August 22, 2020

Sherlock Holmes

Sherlock Holmes originally showed up in 1887 in ‘A Study in Scarlet’. After four years, Sherlock Holmes developed to limits in ubiquity on account of its arrangement of short stories in ‘The Strand Magazine’ in 1891. Over a hundred years after the fact, Sherlock Holmes stories are as yet being perused by a wide range of ages and societies. However, why would that be? Why are individuals so ‘caught up’ in this arrangement of books and short stories? Is it as a result of the stories’ nail-gnawing plots? Or then again is it in view of the engaging characters that the imaginative Sir Arthur Conan Doyle has consummately produced?Or is it both the plot and the characters? This is obviously, is a conclusion question, and answers will shift, however this is mine: During Sir Arthur Conan Doyle's life, he appreciated a significant level of notoriety for his anecdotes about Holmes, even in nations other than England. Around then, his incredible achi evement would have been expected to Conan Doyle's fantastic composing capacities, Holmes' extraordinary capacities of conclusion that could be utilized to comprehend any wrongdoing, and the way that normal and destitute individuals of England and particularly London could seek Holmes for motivation, and as a national image of pride.But Conan Doyle composed these accounts longer than a century prior. For what reason would they say they are still so well known today? Holmes turned into a symbol, his examination of Watson and others' propensities and exercises appeared to them, confounding, however to him it was â€Å"Elementary. † His deerstalker top, funnel, jacket, and amplifying glass came to represent criminologists and their specialty through Sherlock Holmes' initial notoriety. Also, basically, individuals appreciate a decent story, particularly a secret. In our cutting edge time of quick living, present day comforts, and electronic wrongdoing and discovery, Sherlock Holme s speaks to the soul a prior, less complex and increasingly sentimental period. Maybe, as Watson was to him, Holmes is to us â€Å"the one fixed point in an evolving age. † [1] Clive Hopwood? Sherlock Holmes Illustrated copyright 1981 by World International Publishing Limited. Distributed in Great Britain. Sherlock Holmes Sherlock Holmes initially showed up in 1887 in ‘A Study in Scarlet’. After four years, Sherlock Holmes developed to limits in notoriety because of its arrangement of short stories in ‘The Strand Magazine’ in 1891. Over a hundred years after the fact, Sherlock Holmes stories are as yet being perused by a wide range of ages and societies. Yet, why would that be? Why are individuals so ‘caught up’ in this arrangement of books and short stories? Is it due to the stories’ nail-gnawing plots? Or on the other hand is it on account of the fascinating characters that the imaginative Sir Arthur Conan Doyle has flawlessly produced?Or is it both the plot and the characters? This is obviously, is a sentiment question, and answers will differ, however this is mine: During Sir Arthur Conan Doyle's life, he delighted in an exceptionally significant level of ubiquity for his tales about Holmes, even in nations other than England. Around then, his incredib le achievement would have been expected to Conan Doyle's phenomenal composing capacities, Holmes' extraordinary capacities of reasoning that could be utilized to tackle any wrongdoing, and the way that normal and destitute individuals of England and particularly London could seek Holmes for motivation, and as a national image of pride.But Conan Doyle composed these accounts longer than a century back. For what reason would they say they are still so mainstream today? Holmes turned into a symbol, his examination of Watson and others' propensities and exercises appeared to them, bewildering, yet to him it was â€Å"Elementary. † His deerstalker top, channel, jacket, and amplifying glass came to represent analysts and their craft through Sherlock Holmes' initial prevalence. Also, basically, individuals appreciate a decent story, particularly a riddle. In our cutting edge time of quick living, current accommodations, and modernized wrongdoing and discovery, Sherlock Holmes speaks to the soul a prior, less difficult and increasingly sentimental period. Maybe, as Watson was to him, Holmes is to us â€Å"the one fixed point in an evolving age. † [1] Clive Hopwood? Sherlock Holmes Illustrated copyright 1981 by World International Publishing Limited. Distributed in Great Britain.

Thursday, August 20, 2020

Revenue Streams in Business Model Canvas

Revenue Streams in Business Model Canvas REVENUE STREAMSThis building block elaborates the earnings a business gets by subtracting the costs from the revenue generated from each customer segment. Where customers are generally considered the heart of the business, revenues are automatically likened to the arteries. Organizations must evaluate the worth of the value they provide to each customer segment. An accurate evaluation of this worth will result in multiple revenue streams being gained from a single customer segment.It isn’t just enough for a business to cite ‘keeping customers happy’ as their business mandate. Most businesses focus just on their customer policy, resulting in incomplete canvases where revenue streams are entirely ignored. It is important to differentiate that this building block represents the cash, not the profit, that the business has flowed in, at present.Revenue streams need to be as clearly defined as possible. Hence, it is not just enough to list the sources for your various revenue streams but equally important to specify their pricing and projected lifecycles too. The reason for listing these details is to evaluate whether it is profitable for your business even to opt for a revenue stream or not. If the cost of designing and producing a product is more than what the customer is willing to pay for it or greater than the revenues the product will rake in before its lifecycle ends, then it does not make business sense to go ahead with the product.Many businesses hesitate to conduct a full analysis of their revenue streams because they feel unable to price it right without creating a complete prototype of the solution. However, a smarter more effective way to price a product is to understand how big a role the problem plays in the customer’s life and what they are willing to pay to solve the problem.Revenue streams are differentiated by differences in pricing mechanisms; fixed list prices, bargaining, auctioning, market dependent, volume dependent or yield management .DEVELOPING YOUR REVENUE MODELThe most important aspect of understanding the revenue streams of your business is through forecasting. This is an exercise carried out throughout the life of your business because as the business climate and industry evolve, so does your forecast. Typically there are two types of forecasts being carried out by organizations; top down and bottom up. Listed below are the most important factors to consider when deciding on the revenue model your organization will follow:Choose the Closest FitSelect a revenue model that is the closest fit to your organization and its context. Your revenue model should essentially help set the direction of your development efforts. Hence, if your organization is characterized by a heavy presence of engineers, it may be prudent to invest in a technology model where research and development take the lion’s share of the organizational effort and focus. You can also choose between having linear projections or exponential ones .Magnify Your ValueThe revenue model you pick must magnify the value your organization has to offer. Your revenue model should highlight what sets your organization apart and how you are unique in providing value to your target consumer.Attract the Right InvestorsThe revenue model you select is also key to attracting the right kind of investors to your business. When you pick development areas, it helps to know which of these areas are close to your target investors’ hearts and develop pitches around these areas. This helps cement the legitimacy of your business in the investors’ eyes. Fundamental to being successful in finding a good potential investor is to ensure that the investor takes a holistic view of the business and is in it for the long haul as opposed to the typically myopic investor looking to make a quick buck.It is an undeniable reality that all investors are looking for when their investment will yield returns and it is just as important for the entrepreneur to kn ow when the business will really start making money and become self-sustaining. Despite this, entrepreneurs should set a time limit on their forecasts. Any predictions that go beyond 1 to 2 years are unrealistic and represent data that cannot be depend on.Be FlexibleFlexibility is a key characteristic of new businesses, and this extends to the revenue model. Your entire business structure may not change, but one must constantly be looking at whether the revenue model is working for the business or not, and if not, what the necessary adjustment should be done. Hence, an entrepreneur needs to spend a great deal of time forecasting and re-forecasting and looking at which permutation of the revenue model will support his business in the most lucrative way.Your business hinges on a lot of variables and it is essential to know how these variables impact the bottom-line, and what factors have the most effect on these variables. Variables are dependent on a number of things such as your pro cesses and lifecycle. Each variable must be looked at separately, and one way to do this is through a sensitivity graph, which will help show where the revenue improves or worsens when manipulating the variables.It would be silly to have your head in the sand about your variables and their possible impact on your business. They are a risk and being aware of risk is key to having a successful business. Hence, as an entrepreneur your aim should be to mitigate for the variables. Mitigating for variables lends a degree of transparency to your business. This transparency is not just important for you as a business owner but is also of great interest to your investors.TYPE OF REVENUE STREAMSRevenue streams can be divided into two categories;1. Transaction RevenueThese revenues are earned from the customer making a one-time payment for the product or a rendering of a service.2. Recurring RevenueThe recurring revenues are earned from consistent ongoing payments rendered to the company for e ither the delivery of the value proposition of after sales care for the customer.PRICING MECHANISMPricing mechanisms refer to the effect of the pricing of a product on its expected demand and supply. This is essentially a tool to match buyers to the sellers of a product. Each revenue stream in a business can have its individual pricing mechanism. The pricing mechanism selected has a significant impact on the revenues generated by the revenue stream in question. Pricing mechanisms can be divided into two types; a) fixed pricing and b) dynamic pricing.1. Fixed PricingThis kind of pricing, as the name suggests, remains uniform due to the lack of variability in the inputs that go into the product.Fixed List PricingFixed list pricing is the pricing mentioned by the manufacturer for a product, service or value proposition of an organization.Product feature dependentWhen a product has a number of value propositions important to the customer, it may be priced according to the amount of such features.Customer segment dependentThis kind of pricing takes the target customer segment and their various traits into account.Volume dependentAs the name suggests, the more quantity a customer purchases, typically the lower the price will be.2. Dynamic PricingThis type of pricing changes according to the variables that go into the product as well as the conditions prevalent in the market.BargainingThis refers to when a price is negotiated between two or more parties. The outcome of the negotiation is dependent on who holds the power at the negotiation table as well as the relative skills of the parties involved.AuctioningIn this kind of dynamic pricing, the final price is dependent on the customers and their perception of the worth of the value the product or service holds. Usually, the product or service, goes through a process called bidding where target customers share what they are willing to pay for the product or service. The customer proposing the highest price gets the pr oduct or service.Yield ManagementIn yield management, the price is completely dependent on inventory and the time of purchase. It is a kind of variable pricing where the product or service has a time limit on it, and companies use customer intelligence to create revenues. Airlines and hotels are the most common adopters of this pricing model.Real-time marketIn this kind of pricing, the onus of responsibility goes to the supply and demand for a particular product. The price keeps fluctuating depending on how much customers want the product and how much is available to sell.WAYS TO GENERATE REVENUE STREAM1. Asset saleThis kind of sale refers to the transfer of ownership rights of a physical product from the seller to the buyer. At Amazon.com ownership rights of a myriad of products such as books, music and electronics are sold to the buyers. Similarly, Honda sells the ownership rights of the cars it manufactures to the buyers after which the buyer has complete freedom to rent out, use or even total the car.2. Usage feeThis kind of fee is usually charged by service providers to customers for the use of the service. Hence, an internet provider will probably charge a customer for using their line for a certain number of minutes during the day or month. A beautician may charge her customer according to the number and nature of treatments the customer undergoes while under her care.3. Subscription feesWhen a user requires long-term or continuous access to the products of a company, they pay a subscription fee. Hence, a gym may sell a yearly membership subscription to its customer. Cable providers may charge a subscription fee to its users based on the time for which they will pay upfront.4. Lending/ renting/ leasingSome organizations provide their customers with exclusive rights to their product for a limited amount of time for a set fee. Upon the end of this period, the organization regains ownership of the product. This kind of revenue model represents a number of advantages both for the company and the customer. The company enjoys recurring revenue from the customer for the mentioned period. On the other end of the coin, the customer has exclusive access to the product for the time he/ she require it without having to make a hefty investment. Hence, zipcar.com a popular car renting service in North America allows customers to rent their cars for a specified time period. This has become a very popular service in the cities it is available because it provides customers with the advantage of a car, without having to invest in buying one.5. LicensingLicensing is generally used when we are talking about products, services or ideas that fall under the parameter of intellectual property. This opens up a revenue stream for rights holders, who would otherwise have had to invest in manufacturing as well. It is common in the Technology industry for patent holders to license the use of patents to other companies and to charge a licensing fee for it.6. B rokerage feeWhen a company acts as an intermediary to ease the communication and transaction between two or more parties, they charge a brokerage fee. An example of this is when a headhunting firm matches a candidate to an organization looking for a particular skill set. The firm usually charges a percentage of the gross salary from the organization, the candidate or both.7. AdvertisingCompanies that earn a fee through promoting another organization, product or service, charge an advertising fee for their service. Traditionally this kind of revenue was common only in the advertising industry. However, in recent times, with the boom of the internet and e-commerce, many websites are also using this as a main revenue stream.KEY REVENUE MODEL AND MARKET QUESTIONSFollowing are some key questions that can help an entrepreneur fill out the revenue stream building block more effectively:What benefits will encourage customers to pay more for?What benefits are customers currently paying for?H ow are they paying for these benefits right now?What mode of payment would be preferable to them?What percentage of the total revenue does each revenue stream represent?CASE STUDY © Entrepreneurial Insights based on the concept of Alex OsterwalderOne of the building blocks of Business Model Canvas is Revenue Streams. In this building block, we explore what revenue streams represent for the entrepreneur and how to ensure that this building block is adequately addressed. We will explore the two types of revenue streams available which are either transaction based or recurring revenues. We will look at 1) revenue streams, 2) developing your revenue model, 3) types of revenue streams, 4) pricing mechanism, 5) ways to generate revenue stream, 6) key revenue model and market questions, and 7) two case studies.REVENUE STREAMSThis building block elaborates the earnings a business gets by subtracting the costs from the revenue generated from each customer segment. Where customers are generally considered the heart of the business, revenues are automatically likened to the arteries. Organizations must evaluate the worth of the value they provide to each customer segmen t. An accurate evaluation of this worth will result in multiple revenue streams being gained from a single customer segment.It isn’t just enough for a business to cite ‘keeping customers happy’ as their business mandate. Most businesses focus just on their customer policy, resulting in incomplete canvases where revenue streams are entirely ignored. It is important to differentiate that this building block represents the cash, not the profit, that the business has flowed in, at present.Revenue streams need to be as clearly defined as possible. Hence, it is not just enough to list the sources for your various revenue streams but equally important to specify their pricing and projected lifecycles too. The reason for listing these details is to evaluate whether it is profitable for your business even to opt for a revenue stream or not. If the cost of designing and producing a product is more than what the customer is willing to pay for it or greater than the revenues the product w ill rake in before its lifecycle ends, then it does not make business sense to go ahead with the product.Many businesses hesitate to conduct a full analysis of their revenue streams because they feel unable to price it right without creating a complete prototype of the solution. However, a smarter more effective way to price a product is to understand how big a role the problem plays in the customer’s life and what they are willing to pay to solve the problem.Revenue streams are differentiated by differences in pricing mechanisms; fixed list prices, bargaining, auctioning, market dependent, volume dependent or yield management.DEVELOPING YOUR REVENUE MODELThe most important aspect of understanding the revenue streams of your business is through forecasting. This is an exercise carried out throughout the life of your business because as the business climate and industry evolve, so does your forecast. Typically there are two types of forecasts being carried out by organizations; top down and bottom up. Listed below are the most important factors to consider when deciding on the revenue model your organization will follow:Choose the Closest FitSelect a revenue model that is the closest fit to your organization and its context. Your revenue model should essentially help set the direction of your development efforts. Hence, if your organization is characterized by a heavy presence of engineers, it may be prudent to invest in a technology model where research and development take the lion’s share of the organizational effort and focus. You can also choose between having linear projections or exponential ones.Magnify Your ValueThe revenue model you pick must magnify the value your organization has to offer. Your revenue model should highlight what sets your organization apart and how you are unique in providing value to your target consumer.Attract the Right InvestorsThe revenue model you select is also key to attracting the right kind of investors to your busine ss. When you pick development areas, it helps to know which of these areas are close to your target investors’ hearts and develop pitches around these areas. This helps cement the legitimacy of your business in the investors’ eyes. Fundamental to being successful in finding a good potential investor is to ensure that the investor takes a holistic view of the business and is in it for the long haul as opposed to the typically myopic investor looking to make a quick buck.It is an undeniable reality that all investors are looking for when their investment will yield returns and it is just as important for the entrepreneur to know when the business will really start making money and become self-sustaining. Despite this, entrepreneurs should set a time limit on their forecasts. Any predictions that go beyond 1 to 2 years are unrealistic and represent data that cannot be depend on.Be FlexibleFlexibility is a key characteristic of new businesses, and this extends to the revenue model. Your entire business structure may not change, but one must constantly be looking at whether the revenue model is working for the business or not, and if not, what the necessary adjustment should be done. Hence, an entrepreneur needs to spend a great deal of time forecasting and re-forecasting and looking at which permutation of the revenue model will support his business in the most lucrative way.Your business hinges on a lot of variables and it is essential to know how these variables impact the bottom-line, and what factors have the most effect on these variables. Variables are dependent on a number of things such as your processes and lifecycle. Each variable must be looked at separately, and one way to do this is through a sensitivity graph, which will help show where the revenue improves or worsens when manipulating the variables.It would be silly to have your head in the sand about your variables and their possible impact on your business. They are a risk and being aware of r isk is key to having a successful business. Hence, as an entrepreneur your aim should be to mitigate for the variables. Mitigating for variables lends a degree of transparency to your business. This transparency is not just important for you as a business owner but is also of great interest to your investors.TYPE OF REVENUE STREAMSRevenue streams can be divided into two categories;1. Transaction RevenueThese revenues are earned from the customer making a one-time payment for the product or a rendering of a service.2. Recurring RevenueThe recurring revenues are earned from consistent ongoing payments rendered to the company for either the delivery of the value proposition of after sales care for the customer.PRICING MECHANISMPricing mechanisms refer to the effect of the pricing of a product on its expected demand and supply. This is essentially a tool to match buyers to the sellers of a product. Each revenue stream in a business can have its individual pricing mechanism. The pricing mechanism selected has a significant impact on the revenues generated by the revenue stream in question. Pricing mechanisms can be divided into two types; a) fixed pricing and b) dynamic pricing.1. Fixed PricingThis kind of pricing, as the name suggests, remains uniform due to the lack of variability in the inputs that go into the product.Fixed List PricingFixed list pricing is the pricing mentioned by the manufacturer for a product, service or value proposition of an organization.Product feature dependentWhen a product has a number of value propositions important to the customer, it may be priced according to the amount of such features.Customer segment dependentThis kind of pricing takes the target customer segment and their various traits into account.Volume dependentAs the name suggests, the more quantity a customer purchases, typically the lower the price will be.2. Dynamic PricingThis type of pricing changes according to the variables that go into the product as well as the co nditions prevalent in the market.BargainingThis refers to when a price is negotiated between two or more parties. The outcome of the negotiation is dependent on who holds the power at the negotiation table as well as the relative skills of the parties involved.AuctioningIn this kind of dynamic pricing, the final price is dependent on the customers and their perception of the worth of the value the product or service holds. Usually, the product or service, goes through a process called bidding where target customers share what they are willing to pay for the product or service. The customer proposing the highest price gets the product or service.Yield ManagementIn yield management, the price is completely dependent on inventory and the time of purchase. It is a kind of variable pricing where the product or service has a time limit on it, and companies use customer intelligence to create revenues. Airlines and hotels are the most common adopters of this pricing model.Real-time marketI n this kind of pricing, the onus of responsibility goes to the supply and demand for a particular product. The price keeps fluctuating depending on how much customers want the product and how much is available to sell.WAYS TO GENERATE REVENUE STREAM1. Asset saleThis kind of sale refers to the transfer of ownership rights of a physical product from the seller to the buyer. At Amazon.com ownership rights of a myriad of products such as books, music and electronics are sold to the buyers. Similarly, Honda sells the ownership rights of the cars it manufactures to the buyers after which the buyer has complete freedom to rent out, use or even total the car.2. Usage feeThis kind of fee is usually charged by service providers to customers for the use of the service. Hence, an internet provider will probably charge a customer for using their line for a certain number of minutes during the day or month. A beautician may charge her customer according to the number and nature of treatments the customer undergoes while under her care.3. Subscription feesWhen a user requires long-term or continuous access to the products of a company, they pay a subscription fee. Hence, a gym may sell a yearly membership subscription to its customer. Cable providers may charge a subscription fee to its users based on the time for which they will pay upfront.4. Lending/ renting/ leasingSome organizations provide their customers with exclusive rights to their product for a limited amount of time for a set fee. Upon the end of this period, the organization regains ownership of the product. This kind of revenue model represents a number of advantages both for the company and the customer. The company enjoys recurring revenue from the customer for the mentioned period. On the other end of the coin, the customer has exclusive access to the product for the time he/ she require it without having to make a hefty investment. Hence, zipcar.com a popular car renting service in North America allows cust omers to rent their cars for a specified time period. This has become a very popular service in the cities it is available because it provides customers with the advantage of a car, without having to invest in buying one.5. LicensingLicensing is generally used when we are talking about products, services or ideas that fall under the parameter of intellectual property. This opens up a revenue stream for rights holders, who would otherwise have had to invest in manufacturing as well. It is common in the Technology industry for patent holders to license the use of patents to other companies and to charge a licensing fee for it.6. Brokerage feeWhen a company acts as an intermediary to ease the communication and transaction between two or more parties, they charge a brokerage fee. An example of this is when a headhunting firm matches a candidate to an organization looking for a particular skill set. The firm usually charges a percentage of the gross salary from the organization, the cand idate or both.7. AdvertisingCompanies that earn a fee through promoting another organization, product or service, charge an advertising fee for their service. Traditionally this kind of revenue was common only in the advertising industry. However, in recent times, with the boom of the internet and e-commerce, many websites are also using this as a main revenue stream.KEY REVENUE MODEL AND MARKET QUESTIONSFollowing are some key questions that can help an entrepreneur fill out the revenue stream building block more effectively:What benefits will encourage customers to pay more for?What benefits are customers currently paying for?How are they paying for these benefits right now?What mode of payment would be preferable to them?What percentage of the total revenue does each revenue stream represent?CASE STUDYGoogleGoogle is one of the leading internet names in the world. For the purpose of this post, we will conduct an analysis of Google’s revenue streams.As we all know, Google’s ser vices are provided for free for the individual user. So Google’s revenues are derived from advertising that companies pay to have done to reach its bulk of online users. Google helps advertisers create advertisements through its auction-based program â€" Google Adwords. Advertisers then pay Google based on when customers click on the advertisements available. Google also provides advertisers with access to its network members through its Google Adsense program. Another option available to advertisers is Google’s DoubleClick technology through which audio and video advertisements are made available on Google Network member sites.Google has generated 96% of its revenues from advertising for the past several years as opposed to Apple, that has earned 70% of its revenues through the sale of its products. Google has been experimenting with other possible revenue streams by evolving its search offerings, extending into Mobile space and attempting its hand at a Google-based operating s ystem. It has even expanded into Enterprise based solutions. However, none of these avenues have resulted in major revenue streams for the company.Gore FabricsGore-Tex is a waterproof breathable fabric membrane that is trademarked by Gore, the company.Gore generates revenue through the sale of laminated fabrics. Additional revenue generators for Gore is the seam sealing materials and machinery it owns. Hence, Gore sells the fabric but there is some hardware associated with the fabric that also results in sales and profitability for the company.

Sunday, May 24, 2020

The Birth Of The Family - 864 Words

Elliott Anderson and his wife took their granddaughter Eloise into their care after her mother died during childbirth and her father failed to take responsibility. A few years later Eloise’s grandmother whom she was really close to dies in a drastic car accident. This leaves Elliott a widow and to raise Eloise on his own. Rowenna, Eloise’s paternal grandmother feels that Eloise should live with the father’s side of the family even though Eloise has lived with Elliott her entire life; she claims that it is largely due to Elliott s drinking problem as well as her needing to establish a relationship with her father Reggie and get in tuned with her African American cultural roots. Elliott does not want Eloise to be around her father’s bad influence since he has a criminal record, struggles with drug issues and has been very much absent from his daughter’s life. Since Rowenna and Elliott cannot come to a mutual agreement on where Eloise such live she tak es action against him in court and the film from that point forward is a long custody battle and the reconciliation of a mixed race family. Reggie was 23 years old when he began having a relationship with Elliott’s 17 year old daughter. In most states this is legally not an acceptable relationship. I believe it as an unethical relationship because at 17 years old one is still very much a child with an underdeveloped way of thinking. Elliott’s non acceptance of this relationship because his daughter to run off to be with herShow MoreRelatedPersuasive Essay On Birth Family749 Words   |  3 PagesI was born into a family that could not support me. My birth parents were very young and did not have the capability to care for me. As a result, I was put up for adoption. I spent the first two weeks of my life in a foster home. However, I was one of the lucky ones. When I was 16 days old, I was adopted by a wonderful couple that I am very privileged to call my parents. Growing up, I always wondered about my birth family. When I was about 12 years old, I found a photo album that contained picturesRead MoreImpact Of Birth Order On Multi Children Families1168 Words   |  5 Pagesimpact of birth order in multi-children families, whether it affects creativity, future success, intelligence, and overall happiness and satisfaction in life. It is popularly believed by laypeople that birth order and family size plays a strong role in the development and eventual personality type and success of each adult; however, while many studies have found positive correlations between older children and success, others have been inconclusive (Carballo, J. et al. 2012). 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It is important to note that although in 1920 information about birth control strategies were banned from reachingRead MoreThe Relationship Between Birth Order and Intelligence Essays1178 Words   |  5 PagesDebates on the relationship between birth order and intelligence have been remaining controversial. Birth order is considered as a persons ranking by age among his or her siblings. There have been numerous researchers studying about this s ubject to find whether firstborns generally have a higher IQ scores than their siblings. Some scientists conclude that birth order strongly influents intelligence; however, others oppose to this, claiming that birth order has no effect on intelligence. In thisRead MoreHigh Value Care Is A Driving Force And Affordable Care Act ( Ppaca )1355 Words   |  6 Pagespregnant women and how families can seek safe and affordable care outside of a hospital. 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By the 18th century doctors in France were educating men about birth control, and contraceptives wereRead MoreEssay about Birth Order1163 Words   |  5 PagesBirth Order Does being the eldest child make people highly intellectual, people pleasing, perfectionists? Are the middle children always impatiently competing for parental attention by rebelling against the rules? Are all last-born children the spoiled, selfish, favorites? Birth order, a highly controversial topic, is defined as the dynamics of an individual’s place in the family compared to that of their siblings. Birth order has been in a fiery discussion for over one hundred years; some say it’sRead MoreEssay on The Effect of Birth Order on Learning and Development1225 Words   |  5 PagesThe Effect of Birth Order on Learning and Development Birth order is a topic studied by many psychologists through numerous different studies and conflicting viewpoints. In respect to the order in which children are born, psychologists have labeled specific personality traits for each child. While psychologists continue to disagree on the amount of emphasis to be placed on birth order and personality, studies have shown family size can be a determining factor in a child’s learning and development

Wednesday, May 13, 2020

Business Marketing Management Business Management

Amanda Gross Ms. Jessica Madinger Comp 101 C 9 November 2015 Business Marketing Management Outline Business has several majors to seek, such as: Accounting, Economics, Administration, Marketing, International business, Entrepreneurship, and lastly Management. A business degree has many of opportunities. This paper is going to specifically focus on Management which you can get a minor in marketing, which would be called marketing management. Management has several classes to can take, and several of careers to pursue. Those classes are similar to other professions; Marketing and Administration which have similar classes to take. Business Management was essentially created around 7200 B.C., the Ubaidians, of Sumer created the first†¦show more content†¦There are many of tasks that are used daily in business management. Such as, coordinating and being involved in promotional activities. To improve product or services direct or help with marketing ideas. Evaluate financial aspects, to improve customer satisfactions. Conduct a list to describe product and service offerings. Direct hiring by training and watching future employees performances to help them know what to do when they enter the field, so they can help improve services. Communicate with vendors to improve distribution. Also they analyze date, make crucial business decisions and supervise a single department. There are many of skills that are required in business management. Skills, such as: active learning, active listening, critical thinking, reading comprehension social perceptiveness, speaking, judgment and decision making, monitoring, persuasion and lastly complex problem solving (Job and Career Accelerator). There are also many abilities that are required to be mastered before pursuing a career in management. These abilities consist of oral comprehension, oral expression, written comprehension, deductive reasoning, written expression, fluency of

Wednesday, May 6, 2020

How Does Steinbeck Present the Character of Curleys Wife Free Essays

How does Steinbeck present the character of Curleys Wife? In this essay I am going to be assessing the character Curleys Wife from Steinbeck’s book Of Mice And Men. The book is set in the 1930s during the Great Depression it features two farm workers called George and Lennie. The travel around together in search of work sharing a dream of a place of their own, a small ranch where they can live and work for themselves. We will write a custom essay sample on How Does Steinbeck Present the Character of Curleys Wife or any similar topic only for you Order Now It tells the story of how violence may erupt to destroy those dreams. Curleys wife is a character in the book who from the brief encounters with her is presented in two ways. Firstly the dangerous, flirtatious character who isn’t trusted by the rest of the ranch workers but then later one we realize how she is just a victim of loneliness with her being the only girl on the ranch and how she too has an incomplete American Dream to pursue an acting career. Curleys wife is a very important character and is heavily involved in the outcome of the story when George ends up shooting Lennie however there is the question of her innocence. Before we meet Curleys wife, Steinbeck deliberately gives us a first impression of her to let us know their honest views on her with Candy and Georges conversation. Candy starts by saying â€Å"Wait’ll you see Curleys wife. †, this makes us anticipated of her and gives us an expectation of what is going to be said about her. During the conversation the only positive thing said was that she was â€Å"purty†. She is portrayed as being flirty and not satisfied with her husband when Candy claims â€Å"Married two weeks and got the eye? Maybe that’s why Curleys pants is full of ants. † This makes the reader think because if they were newlywed they should be on their honeymoon period however one is overly flirtatious and the metaphor â€Å"pants is full of ants† shows the others paranoid over her, this gives us the sense something’s not right with their relationship. Steinbeck exaggerates the use of the phrase â€Å"the eye† to mirror the fact she repeatedly flirts with the men in search of attention. Steinbeck describes her negatively when he refers to her as a â€Å"tart† when Candy says â€Å"well i think Curleys married†¦ a tart†, the ellipsis shows Candy’s unsure whether he should refer to her in such an insulting manner but he chooses to anyway. The conversation prejudices Curleys wife before we even meet her and the fact George thinks she will be trouble prepares the reader for future events. Steinbeck uses his description of Curleys wife carefully to give us a certain first impression on her before finding out more about her. The escription starts with â€Å"the rectangle of sunshine in the doorway was cut off†, the light being cut off could be foreshadowing her being the obstacle that would eventually ruin George and Lennies hopes and dreams. Steinbeck then calls her a â€Å"girl† rather than a woman implying her youth and vulnerability, he continues keeps her unnamed to uphold the prejudice women faced in the 1930’s and to s how the oppressive misogyny posed against her and how she is only seen through her relation to Curley and is ultimately a possession of his, unworthy of a unique identity. Steinbeck also claims she was â€Å"looking in† showing her as an outsider who doesn’t really fit in and when she does look in, it’s to see something she hopes to have in the future, friendship. When Steinbeck starts to describe her appearance he starts with â€Å"she had full rouged lips and wide spaced eyes, heavily made up† this makes us realise she hides her face with makeup showing her self-consciousness and gives the impression she is trying to look older however it’s not working by her previously being referred to as a â€Å"girl†. Steinbeck repeats the word red when he says â€Å"her fingernails were red† and then â€Å"red ostrich feathers†, the noun red has many meanings for example, love but it also means danger and stop. This could again be showing signs of what the future could hold for her and how her desire for love becomes a great danger when leading to her death. Her facial features are a great contrast to her â€Å"nasal, brittle† voice that implies she’s about to break. Curleys wife is provocative with her body language as she is described to have â€Å"put her hands behind her back and leaned against the door frame so that her body was thrown forward† and â€Å"she looked at her fingernails†, she is very conscious of the affect she has on men and uses this to her advantage however her inappropriate clothes and her behavior I think are designed to provoke interest and attention rather than to invite intimacy, we later learn this is because of her loneliness in her marriage to Curley. Her loneliness is clear by her constant asking of the whereabouts of Curley proving she is just looking for an excuse to continue her conversation with the ranch workers. The perceptions we make of Curley’s wife are corrupted from the views of the ranch hands. Because sexuality is her only weapon she is referred to by George as ‘jailbait’ and ‘ a tart’ ‘Jesus what a tramp. ‘ George has reason to be weary of her presence especially with Lenny around and the incident in Weed. Listen to me you crazy bastard†¦ Don’t you even look at that bitch. He is concerned about Lennie safety because he knows he won’t be able to resist her. The next time Steinbeck presents Curleys wife is in her conversation with Lennie, Candy and Crooks. In this extract we see how Curleys wife clearly enjoys having power over others and because she is the only girl on the ranch she is prone to discrimination by being made to feel like one of Curleys pos sessions. We first get this impression when she refers to them as â€Å" a bunch of bindle stiffs – a nigger an’ a dum-dum and a lousy ol’ sheep†, Curleys wife wouldn’t dare say these insults to anyone else but she would to these three men purely because one is older, one is mentally challenged and the other is a black man who in the 1930’s faced larger discrimination than girls. However her vulnerability is still shown when she asks â€Å"whatta ya think I am, a kid? †. The use of this rhetorical question makes us remember how she doesn’t want to be thought of as a little kid linking Back to when Steinbeck repeatedly called her a â€Å"girl† rather than a woman giving us the impression that even she realises how lowly she is thought of in the ranch so Steinbeck makes her speak â€Å"contemptuously† to show how she thinks they are beneath her. This scene adds to making the reader dislike her and see her as the downfall of the men in the story. Steinbeck lets us learn more about Curleys wife in the final scene before her death. Here we learn that she too has her own dream just like all the other men on the ranch, her dream was to become a movie star in Hollywood and here we also see a completely different side to her initial flirtatious character we originally meet. Curleys wife’s naivety is demonstrable in her approach and attitude towards her dream. â€Å"I coulda made something of myself† she refuses to accept that her dream had a very little chance of coming true, when she says â€Å"maybe I will yet† she uses her dream as an escape from her loveless marriage and pitiful life; she is deluded that her dream will be realised and clings to the hope of a better life. Curleys wife also blames others for the breakdown of her dream, especially her mother, â€Å"My ol’ lady wouldn’t let me†¦. if I’d went I wouldn’t be livin’ like this you bet† she is using her mother as a scapegoat for the failure of her dream, and her current situation. Therefore by marrying Curley, she has managed to escape her mother who she feels is responsible for preventing her from achieving her dream of being a movie star. â€Å"an I coulda sat in them big hotels†, Curleys wife’s dream revolves on what could have been, she yearns for luxuries and attention,. Like the men she desires friendship, but her dream is more materialistic; she seeks the attention she feels she deserves. When Curleys wife is telling Lennie about her dream, Steinbeck states that â€Å"Her words tumbled out in passion of communication as though she hurried before her listener could be taken away† This links to her desperation for someone to talk to and how she yearns for some sort of interaction. Curleys wife dream makes her more vulnerable and human. Steinbeck recreates this impression by portraying her innocence in death. Steinbeck uses very specific language when describing how Curleys wife was murdered by Lennie. In this extract we see how she underestimated Lennie’s great strength and this is proven when she says â€Å"Jus’ like a big baby†, we as readers know he is capable of murder and we know he is anything but a big baby adding to the tension. Steinbeck does give us a moment of hope when he remembers his Aunt Clara who he has occasionally forgotten, this gives us hope that he will remember Georges warnings on Curleys wife but this isn’t the case. Curleys wife invites Lennie to feel her hair after hearing about his love of stroking soft things and she soon realises her mistake when she goes â€Å"Don’t you muss it up† and when Lennie refuses to let go she cries â€Å"let go† â€Å"you let go† the use of these short sentences lets us realise her panic. Steinbeck declares how she â€Å"writhed to be free† this could really mean how she ached to be free of the ranch and of Curley. Then when he adds how â€Å"her hoarse cry came out† it creates a major contrast to when she wasn’t heard by the men and when her voice is needed the most she is being stifled. He even mentions how her â€Å"eyes were wild with terror†, they aren’t being described with being heavily made up. When Curleys wife is killed Steinbeck ensures the readers sympathy for Lennie is maintained. The reader sees the killing as an inevitable consequence of Lennie’s bear-like strength and Curleys wife’s desire for attention. The use of the simile â€Å"and he shook her and her body flopped like a fish† creates an unsympathetic image, further emphasised with the alliterative â€Å"f†, as we tend not to feel sorry for dying fish in the way we may for a different animal. The sympathy the reader may feel for Curleys wife is weakened with â€Å"and she was still, for Lennie had broken her neck† as this seems harsh. This tone reminds the reader that Lennie would not have wanted to break her neck it was just something that happened so, even though he has committed a terrible act, the reader does not fully blame Lennie. The repetition of the natural imagery, including the clear link to the animalistic imagery when Curleys hand was crushed as he â€Å"flopped like a fish on a line†, both links Curley and his wife as the enemy, but also reminds the reader of Lennie’s early description as a bear, reiterated with his â€Å"paw†-like hands throughout the novel. Because of this, it seems clear that this was both inevitable and natural as bears do kill fish, and Steinbeck could be highlighting the predatory nature of the world; it could also suggest that Steinbeck was trying to show the constancy of the natural world and Lennie is just another victim in this world. However when Curleys wife is dead Steinbeck seems to show her the respect she deserves as his description of Curleys wife after her death is evidently more complimentary than previous occasions. He starts by saying â€Å"The meanness and the planning and the discontent and the aches for attention was all gone from her face† this straight away lets us realise that only from her death we see the other side to her, the side that was unhappy with her marriage and her life, her incomplete dream and the constant craving for a companion and all this because of her death simply disappears. Steinbeck also uses words such as â€Å"sweet and young† to project Curleys wife more positively as a pretty, young woman, free of all mean qualities. This contrasts to the other times he referred to her as a â€Å"girl† because this time he is reflecting her purity rather than her childlike features. When he says â€Å"Now her rouged lips and her reddened cheeks made her seem alive and sleeping very lightly† it shows us what her life could have been like if she were to have completed it to its full potential. The way Steinbeck portrays her now is a lot more poetic showing his respect. In my conclusion I think Steinbeck manages to portray two sides to Curleys Wife in the book Of Mice and Men. The first side is the misunderstood girl who isn’t trusted and her need for company and a friend is mistaken for a flirtatious troublemaker. However at the end of the novel Steinbeck makes her intentions clear and shares her dream of becoming a Hollywood movie star giving the readers the chance to see the vulnerable side of her, the one that shows her as not wanting but needing somebody to talk to. The need for such things is what caused her death. Lennie was keeping her company and she needed this so much that she was willing to let him harm her, and in this case kill her. Steinbeck also shows her differently in death as well. He gives Curleys wife respect and describes her as being beautiful and majorly contrasts the provocative way he did beforehand. How to cite How Does Steinbeck Present the Character of Curleys Wife, Essay examples

Tuesday, May 5, 2020

Introduction to Business Law Comprehend the Transaction

Question: Describe about the Introduction to Business Law for Comprehend the Transaction. Answer: 1: The three causes of action on which the respondents had relied upon were: (i) that the bargain was unconscionable; (ii) That the transaction has been procured as a result of undue influence; (iii) and the transaction has been induced as a result of a misrepresentation or due to the reason of the concealment of facts regarding which a duty was present on the bank to disclose. However, these contentions of Mr. and Mrs. Amadio were rejected by the learned primary judge who believed that on the basis of the facts that the bank was aware of, the bargain between the parties was an ordinary one, that was created in the usual and regular course of commerce and the bank was not aware of any inequality of bargaining power. Moreover, the primary judge also stated that there was no evidence regarding undue influence or any misrepresentation or concealment on part of the bank or Vincenzo Amadio. The result was that Mr. and Mrs. Amadio raised these issues to challenge the mortgage guarantee tha t they have signed. 2: The three conclusions of the appeal court while reversing the decision of the trial judge after examining the facts of this case. Therefore these three inferences were:- (i) The bank had an obligation to reveal the noteworthy additions to Mr. and Mrs. Amadio however in this case, this obligation was not fulfilled by the bank. At the same time, the other conclusion on the basis of which the decision of the trial judge was reversed by the appeal court was that (ii) The bank can be held accountable for the representation that has been made by the son of the respondents, Vincenzo Amadio. The 3rd inference that was made by the appeal court in this case was that (iii) under the circumstances, the transaction between the parties can be termed as unconscionable. The result is that it can be said that in view of the nature of the transaction, equity demands that really should be provided to the other party, in this case Mr. and Mrs. Amadio. 3: While delivering his judgment in this case, Gibbs J. arrived at the conclusion that the company controlled by the son of respondents, Vincenzo Amadio was facing financial problems and the company had crossed its overdraft limit. Moreover the cheques issued by the company were also being regularly dishonored, the circumstances alone cannot be considered as being sufficient for imposing a duty on the part of the bank which requires the bank to disclose these facts to any potential surety. In this regard, Gibbs J. stated that when the contract that has been created between the bank and one of its customers is unusual in nature, there is a duty on the part of the bank according to which such a disclosure should have been made to the potential surety. Therefore, Gibbs J. was of the opinion that there was a duty of disclosure present on the bank as there was a special arrangement between the bank and its customer, Vincenzo Amadio. Moreover, on the basis of the nature of the arrangement, it can be said that generally a surety will not expect the presence of an arrangement of such a nature. Therefore this duty to disclose these circumstances to the potential surety has been imposed on the bank as a special arrangement has been concluded between the bank and his customer and normally, a probable surety will not expect the presence of such an arrangement. In this case, Gibbs J. noted the fact that special reasons were present for the bank to maintain a tolerant attitude towards the company owned by Vincenzo Amadio. Not only the bank highly valued its connection with Vincenzo due to the reason that he was a significant client but also in view of the business that Vincenzo brought and also on account of the fact that his company was engaged in building houses with a company that was the subsidiary of the bank. Therefore the company built the houses at cost plus 10 percent which only covered the administrative charges and the intention was that any profit on the sale of the buildings has to be shared between the subsidiary of the bank and another company that was controlled by Vincenzo Amadio. However, the bank realized that it can allow no longer the account of the company of Vincenzo to be conducted as before. Therefore the bank decided that further operations should be stopped on the overdraft accounts and it was to be treated as a fully drawn advance account. All the cheques that were drawn on the account had to be dishonored. Therefore the company had to open the second account and this account was kept in credit. 4: In this case, there were two facts on account of which Gibbs J. stated that the relevant circumstances need to be disclosed to the respondents, Mr. and Mrs. Amadio by the bank. The firs relevant circumstance in this regard that was noted by Gibbs J. was the fact that the bank had a special arrangement with its customer, Vincenzo Amadio. The bank treated Vincenzo as a special customer as he brought a lot of business to the bank from other parties, apart from his own business. Under these circumstances, there was an arrangement present between the bank and the company owned by Vincenzo Amadio according to which, it was decided that the bank will provide an overdraft limit of $270,000 to Amadio Builders immediately. However there was a condition attached to this arrangement. According to this condition, the overdraft limit was going to be reduced to $230,000 by the bank within a week. Similarly after a fortnight, the bank was going to further reduce the limit to $180,000. The result was that according to this arrangement, in a period of 3 weeks, the bank was going to reduce the overdraft limit less than the debit balance. Consequently, the court stated that the failure to disclose the circumstances to the respondents can be treated as misrepresentation. Hence, in view of these sects, Gibbs J. arrived at the conclusion that in this case, the bank had a duty to make the relevant disclosures to the respondents. 5: in this question, the ratio due to which Gibbs J. ruled in favor of Mr. and Mrs. Amadio needs to be discussed. Therefore in this case, the ratio behind the decision that was delivered in this case by Gibbs J. was that the bank had a duty to disclose the relevant facts to the elderly couple but the bank had failed in its duty to disclose the relevant circumstances to Amadio couple. The result was that Gibbs J. arrived at the conclusion that the appeal should not succeed. Hence the legal issue on account of which, Gibbs J. had arrived at the decision was related with the failure by the bank to disclosure when circumstances to the elderly couple. 6: The ratio behind Mason Js judgment was different from the issue adopted by Deane J. although Mason J. had confirmed the detailed statement related with the facts of this case made by Deane J and in the same way, Mason J. had also confirmed the conclusion that was made by Deane J. according to which in this case, according to the facts, relief needs to be granted to the respondents. The ratio adopted by Mason J. was not the same as that of Deane J. due to the reason that Mason J. believed that the bank can be held responsible for unconscionable conduct. At the same time, it was also the opinion of Mason J. that in this case the conduct of the bank was unconscionable when it had obtained the guarantee from the elderly couple. 7: A difference existed between the ratio of Mason J. and the ratio on the basis of which Gibbs J. had arrived at this conclusion. The difference between these two was present due to the reason that in case of Mason J., the emphasis was on the fact that even if the doctrines that dealt with unconscionable dealings and the equitable doctrines regarding the undue influence have a connection in common but still these two are not the same. Considering the difference that is present in these two, generally where the court is going to provide relief to a party to the contract on account of unconscionable dealings, the court considers the fact if proper consideration was supplied by the stronger party to the contract. But there can be certain instances where the stronger party may have provided adequate consideration still the court will look into as being unjust or unfair, in view of the disability that was present on part of the other party. Consequently, this ratio adopted by Mason J. wa s different from that of Gibbs J. who was of the opinion that the failure of the bank to reveal all the relevant circumstances to Mr. and Mrs. Amadio amounted to misrepresentation. 8: in this case, Mason J. had identified three ways in which it can be said that a gross inequality of bargaining power existed between the respondents and the bank. These facts can be described as follows:- There was a lack of ability among Mr. and Mrs. Amadio to determine if the transaction was in their best interest or not, especially due to the reason that they were particularly motivated by the wish to help their son, whom they believe to be doing very well otherwise. In this case, the respondents were dependent on their son for advice who had asked his parents to enter the transaction of mortgage contract for the purpose of serving his own interest. In this case the respondents, Mr. and Mrs. Amadio were immigrants from Italy and they were in advance years of age. Moreover, they have very little knowledge of written English and similarly there experience of business matters was also very insignificant. 9: A difference was present when the two judges explained the legal issues of unconscionable conduct and undue influence. Therefore in their judgments, both these judges stated that a difference is present between undue influence and unconscionability although a connection is also present between the two as these two doctrines are doctrines of equity. Consequently, both the judges pointed out towards the legal differences that existed between these two terms. According to them, when the matter is based on an influence, the court has to consider the quality of consent that has been provided by the weaker party. However when a party has alleged unconscionable conduct, the court reasoned that the requirement to consider the conduct of the stronger party for the purpose of enforcing or retaining the benefit received by such party due to dealing with the other party that has been facing a particular disability. 10: The ratio on the basis of which, Deane J. had arrived on his decision in favor of the elderly couple can be described as follows. He noted the fact that clear evidence was present in this case according to which the respondents required to advise to understand the nature/effect of the deal that they were going to create. Similarly, this fact was also noted by Deane J. that the advice provided to the elderly couples should have included the advice concerning the importance of the surety to discover the state of account of the person concerning which the surety is going to provide a surety and the surety should also be aware of the fact that any unusual features were present, regarding the account. On these grounds, Deane J. arrived at the conclusion that if this information would be given to the respondents, they would have refused to enter the mortgage contract. In the opinion of Deane J., the transaction between the respondents and the bank needs to be considered in view of the special disability on part of Mr. and Mrs. Amadio and also the fact that this disability was quite clear to the bank. 11: In this case, Dawson J. had given a dissenting judgment. He was of the opinion that the respondents, Mr. and Mrs. Amadio relied on their son's misrepresentation and as a result, the bank had not made this misrepresentation but now, he said that the respondents want that responsibility should be shared by the bank even if the misrepresentation was only made by Vincenzo Amadio. Under these circumstances, Dawson J. was of the opinion that in this case, it is not suggested by the circumstances that the respondents have been misled when they have entered into the mortgage contract with the bank. Similarly, Dawson J. also pointed out towards the fact in his decision that the relationship that existed between the respondents and their son can be treated as a valid reason due to which the respondents have entered into the transaction, especially as they wanted to help their son. Dawson J. also mentioned in his dissenting judgment that for the purpose of applying equitable jurisdiction, i t is required that a party to the contract should have exploited the other party on the grounds of its disadvantages position and consequently, it can be claimed that the party that has received the benefit under the contract should not be allowed to retain such a benefit in good conscious. Hence, it was the opinion of Dawson J. that in the present case, there are no grounds due to which it can be said that the respondents, Mr. and Mrs. Amadio were in any disadvantages position and any benefit has been taken by the Bank of such a position. Similarly, Dawson J. also mentioned in his judgment that the facts like the advanced age of the respondents cannot be treated as an infirmity. Similarly he pointed out that the fact that the respondents have limited knowledge of English cannot be said to be establishing any difficulty for the respondents to comprehend the transaction. He also said that it has not been established in this case that the respondents depended on the bank to provide them with proper advice. References Commercial Bank of Australia Ltd v Amadio [1983] HCA 14

Wednesday, April 1, 2020

History of Indigenous Australians before the arrival of the First Fleet

In the late 18th century, Australia is said to have had a population of about three hundred thousand aborigines whose lifestyle was mostly that of a nomad. The aborigines are also rumored to have been in the continent for close to over ten thousand years.Advertising We will write a custom research paper sample on History of Indigenous Australians before the arrival of the First Fleet specifically for you for only $16.05 $11/page Learn More Aboriginals occupied most areas of the Australian continent and they had a number of languages and had a wide range of lifestyles and traditions which formed clans amongst them. These clans were regarded as highly sophisticated (considering the time in which they existed) and this made them quite attached to their land. The Aboriginals seemed to have simple yet comfortable lives which were free of diseases and conflicts. They had simple governing structures that enabled them to co-exist peacefully. They really seemed t o have no knowledge of any existence of any other world outside that which they lived in. The Aborigines later on came to discover that they were not the only people living in the world when they started doing barter trade with Asians and oceanic mariners (Jupp, 2001). At first it is rumored that the aborigines were reluctant to do business with unfamiliar people for they were a reserved lot. However, they slowly opened up upon discovering that they were also benefitting from the goods they were getting from the Asian and oceanic mariners. Some of this commodities included salt, glass, and ivory which is said to be used in decorations. They also got beads which their women turned into jewelry (Bosworth, 1998). The aborigines’ way of life was viewed to be somewhat dim by the first Europeans who set foot in their land. They were termed as a group of people who did not have any fixed form of civilization. This was engineered by the fact that they still slept in caves which they kept warm by having bonfires in them for two reasons; to keep warm and also provide light in the dark and sometimes the fire was used as a defense mechanism to keep wild animals away. Invasion into the Aboriginals land seems to have started in the later years of the eighteenth century probably in the seventeen eighties. England was the first to claim the lands of the Aboriginal people and this was a strategy to make the French and the Spanish governments from taking it. The English decided to form some sort of fleets so as to sail all the way to the Aboriginal lands which is now referred to as Australia. The sailing crew was to comprise of a group of convicts who were deemed as social outcasts probably because of the nature of crimes they had committed (Henningham, 2004).Advertising Looking for research paper on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More This new adventure was not an easy one and it took quite some time to organ ize and the first fleet set sail after the eighth month. Among the fleet were officers, women, and children who did not know what to expect in the new world. It also included some administrators who would be in charge of the new colony and some London Slum criminals who had been kicked out of the society (Bosworth, 1998). The discovery of New Holland’s east coast was made by Captain Cook. Cook renamed the coast to New South Wales. He sailed all over and had his allegiance to the British government and so he went and reported to them that he thought it was a good place to settle (Clyne, 1991). The British government however did not recognize the land as being that which belonged to the Aboriginals. This was due to the fact that the Aboriginals did not seem to have had any form of civilization going on in terms of agriculture and also structures. The British thought it was a good plan that came at a fundamental time when they needed to decongest their cities due to a rise in cr ime in the urban world. They purposed to stop sending criminals in their jails and decided that the only way to deal with the overcrowding issue was to send away the convicts/criminals to the new land that was discovered by Captain Cook, which they referred to as a Penal colony. Their idea was to make sure that once the convicts got there they would never return to Britain ever again. The British resolved to sending them away and made sure that they had enough supplies to last them until they became self reliant. Some of the convicts died along the way and never got to their destination; those who made it referred to the Aboriginal land as the ‘Land beyond the seas’ (Bosworth, 1998). When they docked at the harbor they discovered that the land was not suitable for settlement probably because they were judging with where they had come from. They all decided that it was appropriate to move north because they lacked fresh water in the south. Others reasons that contributed to the migration to the north were; the soil was not good enough for agricultural purposes, they were to near the sea and it was quite open and this seemed to pose a big security risk to their ships (Jupp, 2001). They however had a hard time starting off due to the fact that most convicts did not know how to farm; they all had to survive on rationed food before they could figure out what to do. The Aboriginal people were scared of the new people and did not want to go anywhere near them or associate with them in any way. They referred to them as Indians. It is said that some convicts also escaped and tried to blend in with the Aboriginal people but were rejected. Some also dared to escape and were trying to get to China under rumors that it was not far off and that there were also other settlements nearby only to discover that it was not so. Upon returning back they were severely punished though most of them died in this pursuit and never made it back (Jupp, 2001).Advertising We will write a custom research paper sample on History of Indigenous Australians before the arrival of the First Fleet specifically for you for only $16.05 $11/page Learn More The Aboriginal people survived on some local wild fruits and fish for their survival; however the new settlers found few of the foods there to be a delicacy. They are said to have been terrible fishermen and they had to rely on the shipment that was being sent to them by the British government from Britain. This lack of food made the new settlers come up with new survival ideas which now included eating rats, dogs, crow, kangaroos and even emu. This they used as an addition to the normal food rations they were receiving from the British government. Upon settling in this new foreign land, they had to start their lives all over again. They did not have sufficient building materials and they all seemed to have overlooked the aspect of clothing and shelter. The trees in Australia were eno rmous and lack of steady working tools made it very difficult for the new settlers to make any progress in terms of housing. By the time the second fleet was docking on the shores of Aboriginals land, both the convicts and the administrators were all dressed in tatters. From the time the Europeans arrived in the Aboriginal land, the aboriginal people were denied the independence they had embraced and now they had to make peace with the fact that they were not the only race that existed in the world. They were somewhat depressed and viewed the British as a race that came in with strange diseases and was really inconsiderate of the people who they found where they came to live. The colonialists however believed that this was a â€Å"no man’s land† that was probably discovered accidentally by Captain Cook who named Australia. The Aboriginals had a different lifestyle, that of a nomad. They would stay in one area for a period of six to eight weeks and then would move on to a more fertile land while their previous land was left to recollect the lost nutrients (Castles et al. 1992). One of the things that are quite clear is that when the ships were docking on the shores of the aboriginal land, they were lined along the shores shouting and yelling in protest as a way to show they were not welcoming the new inhabitants of their land. Tales handed down through generations prove that at the time, about a hundred and sixty men and women were transported to Australia to begin a new life there. Later on other immigrants started flowing there freely and joined the convicts to cohabit with them (Castles et al. 1992). This was as a result of the emerging opportunities that were cropping up.Advertising Looking for research paper on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More Some of these reasons were the mining industries, wool industries and the gold rush of the eighteen fifties. Australia quickly became a land of opportunity and new money was being created in agribusiness, mining and trade. As all this was happening, the Aboriginal people who were indeed the rightful owners of the land continued to suffer severely through deaths, diseases, forceful internal displacements and death of their traditions (Clyne, 1991). The new administrators who formed a new government to govern the new nation were on the track of creating something unique. They were also very keen to side step the causes of the old war. They dreamt of a unified Australia that was conflict free with a progressive mindset (Jupp, 2001). They had the citizens’ interests at heart, they wanted to conduct polls through the famous secret ballot and democracy was to take centre stage. They were so keen to prove their independence that they decided to pass the Immigration Restriction Act i n the early twentieth century. This in turn negated the migration of Europeans so as to avoid overpopulation of the newly formed state. Despite all these changes, the Aboriginals had purposed to fight for their land. In the mid twentieth century, the Aboriginal people had formed a political party to look into this issue. Their issues are said to have been in place for over two hundred years. They purposed to keep on with the struggle and they seemed to have made some progress in some key areas of land and the social aspects on life. One of the main causes of the struggles was the fact that the commonwealth act of early nineteen hundreds excluded the Aboriginals as citizens of Australia. They therefore held a parallel rally claiming that the White Australians were contravening what they claimed to stand for in terms of progressive civilization and human rights advancements. In the mid twentieth century, the Aboriginals’ hardships had not ceased and their push for equality had not died down (Jupp, 2001). This made them push even more for a fair treatment. The government did not seem to care about the Aboriginal struggles. This seemed quite evident when the Australian government, ran by whites, decided to separate the Aboriginals from their children and took them to missionary schools in total disregard of the parents consent. When they got to theses mission, schools they were issued with new names and were subjected to harsh living conditions. They were subjected to a lifestyle they were not familiar with, which was referred to as the White man’s way (Clyne, 1991). This was in a bid to make them forget their cultures and conform to the new white European lifestyle. They were then known as the ‘stolen generations’. The Aboriginal people made some great strides in the nineteen sixties but most of them claim that though this was a good thing, the changes were not rolled out fast enough to accommodate the Aboriginal people and make them fe el at home in their own land. A protection policy came into place and seemed to prove that the cultures and beliefs of the Aboriginal people were barbaric and outdated and needed some sharpening from the western world. They were however accommodated into government facilities and churches. Even though they seemed to have some form of independence, they were restricted from performing any traditional activities and they were also required to have the company of a white man when they were travelling out of government facilities (Commonwealth of Australia 1994). One the main fights the Aboriginal people had been putting forward was the fight for equality, more so that of lands equality. This was perceived to have been a forward step when the Whitlam government created an Aboriginal Affairs Department and later put up Royal Commission which gave ownership of land to the Aboriginal people in the mid nineteen eighties. A breakthrough however popped up when the High Court of Australia appr oved the native title and this was a sense of satisfaction to the aboriginal people. This struggle has been significant in creation of economic security. It is quite evident that the struggle by the Aboriginal people has been through a lot and it still is in a current part of reconciliation. After a century, the Australian government was termed as the country of luck (Commonwealth of Australia 1994). This however was not well received by the Aboriginals who were still fighting for equality then. The Aboriginals have gone ahead to form two groups which they figure will represent their struggle for their rights. This however proved futile as the government did not recognize these two groups. The government did not protect and conserve the traditional ways of the Aboriginal people. Instead it went on to destroy and discourage them. Despite all the suffering, the Aboriginal people tried to see the English King and push for a seat in the Australian House of Representatives. This was yet to take form. In the late nineteen thirties, the Aboriginal people held a crusade as a way of protest to show their dissatisfaction with the White Australians and told them off about their civilization and human rights policies, and how they came and took their land and they have refused to recognize them as equal partners in the nation of Australia. There was however no response from the White Austrian government. Cultural safety is a unique tool brought forward by Madeline Dion Stout who is the past president of the Aboriginal Nurses Association and Bernice Downey who is the former Chief Executive Officer of the National Aboriginal Health Organization. They have come up with unique ways to blend in the struggle for the Aboriginal community and health in terms of nursing. They have advocated for the cultural safety concept that includes both nurses and the natives. This kind of knowledge came in handy considering that nursing professionals were only equipped with knowledge which se emed to have been handed down to them by the Aboriginal people. They have been able to scrutinize the assumptions and stereotypes related to the Aboriginal people and in turn shaped the nurses views. After the scrutiny, their potential in the nursing field is accentuated. Other key figures who have played major roles in creating awareness of the Aboriginal people and their struggles are Annette J Browne and Colleen Varcoe who have facilitated the ability of nurses to provide quality and sufficient health care (Henningham, 2004). Since the arrival of the first fleet, it has been a tremendous yet difficult journey for the Aboriginal people who indeed were the native inhabitants of the now called Australia. Their struggle for equality still continues and might not be as rampant as it was but someday they will get to where they ought to be and where they truly deserve to be. Hopefully someday they will cease being a minority group to equal citizens of the New Australia. List of Referenc es Bosworth, M. 1998, Australian lives: A History of clothing, food and domestic technology. Nashville, Tennessee: Thomas Nelson. Castles, S., Cope, B., Kalantzis, M. and Morrissey, M. 1992, Mistaken Identity: multiculturalism and the demise of nationalism in Australia, 3rd ed. Sydney: Pluto Press. Clyne, M. 1991, â€Å"Monolinguism, Multilinguism and the Australian Nation†. In Australian National Identity. C.A: Price. Commonwealth of Australia.1994, Defending Australia: Defense White Paper. Canberra: Australian Government Publishing Service. Henningham, J. 2004, Institutions in Australian society. UK: Oxford University Press. Jupp, J. 2001, The Australian people: An encyclopedia of the nation, its people and their origins. UK: Cambridge University Press. This research paper on History of Indigenous Australians before the arrival of the First Fleet was written and submitted by user Chace F. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Sunday, March 8, 2020

Phillips Surname Meaning and Family History

Phillips Surname Meaning and Family History Phillips is a patronymic surname meaning son of Phillip. The given name Phillip comes from the Greek name Philippos which means friend of horses, composed of the elements philos, meaning friend and hippos, or horse. Surname Origin:  Welsh Alternate Surname Spellings:  PHILIPS, PHILLIP, PHILIP Famous People With the Surname Phillips Elizabeth J. (Magie) Phillips - American inventor whose The Landlords Game (patented in 1904) was the precursor to Parker Brothers MonopolyAlban William Phillips - New Zealand economist known for the Phillips Curve, a relation between inflation and unemployment. Where Is the Phillips Surname Most Common? The Phillips surname, according to surname distribution information from  Forebears, is the 819th most common surname in the world, and is especially prevalent in Wales (where it ranks 17th), the United States (46th), England (50th), New Zealand (48th) and Australia (56th). WorldNames PublicProfiler  data also has the Phillips surname as being especially common in Wales, particularly in the western half of the country. It is also common throughout England, as well as New Zealand, Australia, the United States, and Canada. Genealogy Resources for the Surname Phillips 100 Most Common U.S. Surnames Their MeaningsSmith, Johnson, Williams, Jones, Brown... Are you one of the millions of Americans sporting one of these top 100 common last names from the 2000 census? Phillips  Family Crest - Its Not What You ThinkContrary to what you may hear, there is no such thing as a Phillips  family crest or coat of arms for the Phillips surname.  Coats of arms are granted to individuals, not families, and may rightfully be used only by the uninterrupted male line descendants of the person to whom the coat of arms was originally granted. Phillips  DNA ProjectThis very active DNA project brings together individuals with the Phillips surname interested in combining DNA testing with traditional genealogy research to help identify Phillips ancestors. Phillips Family Genealogy ForumThis free message board is focused on descendants of Phillips ancestors around the world. Search the forum for posts about your Phillips ancestors, or join the forum and post your own queries.   FamilySearch - Phillips GenealogyExplore over 9.6 million  results from digitized  historical records and lineage-linked family trees related to the Phillips surname on this free website hosted by the Church of Jesus Christ of Latter-day Saints. Phillips Surname Mailing ListA free mailing list for researchers of the Phillips surname and its variations includes subscription details and searchable archives of past messages. GeneaNet - Phillips  RecordsGeneaNet includes archival records, family trees, and other resources for individuals with the Phillips surname, with a concentration on records and families from France and other European countries. The Phillips  Genealogy and Family Tree PageBrowse genealogy records and links to genealogical and historical records for individuals with the Phillips surname from the website of Genealogy Today. Ancestry.com: Phillips SurnameExplore over 14  million digitized records and database entries, including census records, passenger lists, military records, land deeds, probates, wills and other records for the Phillips surname on the subscription-based website, Ancestry.com References Cottle, Basil.  Penguin Dictionary of Surnames. Baltimore, MD: Penguin Books, 1967. Dorward, David.  Scottish Surnames. Collins Celtic (Pocket edition), 1998. Fucilla, Joseph.  Our Italian Surnames. Genealogical Publishing Company, 2003. Hanks, Patrick and Flavia Hodges.  A Dictionary of Surnames. Oxford University Press, 1989. Hanks, Patrick.  Dictionary of American Family Names. Oxford University Press, 2003. Reaney, P.H.  A Dictionary of English Surnames. Oxford University Press, 1997. Smith, Elsdon C.  American Surnames. Genealogical Publishing Company, 1997.

Thursday, February 20, 2020

Decision Making using Critical Thinking Assignment

Decision Making using Critical Thinking - Assignment Example The inhabitants of the country are an ethnic mix of indigenous South Pacific tribes, Asians particularly Chinese, African, French, Spanish and Americans. In designing the strategies for the company, it must take into consideration the different culture, beliefs and values of the residents of Kava. While most of these people are known coffee drinkers, the tastes and preferences might vary. Another challenge which the company faces is the threat of disasters which often confront the people of Kava. This phenomenon greatly impacts on the economy of Kava, which in turn affects the buying behavior and purchasing power of the people of Kava. Buying specialized coffee might not be one of their priorities if they hardly have food to eat on their table. However, there also presents an opportunity for the company for the untapped â€Å"foreign† or expat market whose income are barely affected by the disasters that are experienced by the people of Kava. Finding the right mix of people to be employed by the company is another issue that besets the company. Being an employee for the company means forging a partnership with the organization. It is therefore imperative that the people to be hired by the organization must share the same mission and vision as what the company holds. They should be willing to learn and grow with the company. Building a profitable organization in Kava means having to work harmoniously with the government. The company must be ready to help support the different communities in Kava. The organization must be ready to create partnerships with other organizations to improve the lives of the people of Kava. There several forces involved in the formulation of the problem. Specifically, the problem on hand is about establishing a greater presence in Kava. One of the forces involved in the formulation of the problem is the leadership of Chris. One is

Tuesday, February 4, 2020

A) what are the main attractions of an import substitution strategy Essay

A) what are the main attractions of an import substitution strategy B)how do you explain that several developing countries have not suceeded to deepen the proc - Essay Example Proponents favour the export of industrial goods over primary products. The strategy may be adopted as a matter of economic policy and to attain industrialisation. In such context, Wikipedia (2006) said: â€Å"Import substitution industrialization (also called ISI) is a trade and economic policy based on the premise that a developing country should attempt to substitute products which it imports, mostly finished goods, with locally produced substitutes. The theory is similar to that of mercantilism in that it promotes high exports and minimal imports to increase national wealth.† It further said, the policy has three major tenets: (1) an active industrial policy to subsidize and orchestrate production of strategic substitutes, (2) protective barriers to trade (namely, tariffs), and (3) a monetary policy that keeps the domestic currency overvalued. Hence import substitution policies are not favoured by advocates of absolute free trade. The failure of several developing countries of not having succeeded to deepen the process of import substitution into its second and third phase could be attributed to the defect of the strategy as determined by results. The experiences of several developing countries are thus cited below to explain the failure. We will start with the Latin American countries, followed by East Asia and then we will discuss the cases of Malaysia and the Philippines. Wikipedia (2006) said: â€Å"Import substitution policies were adopted by most nations in Latin America in the 1930s and 1940s because of the Great Depression of the 1930s. In the 1950s the Argentine economist and UNECLA head Raà ºl Prebisch was a visible proponent of the idea. Prebisch believed that developing countries needed to create forward linkages domestically, and could only succeed by creating the industries that used the primary products

Monday, January 27, 2020

Critical Analysis of the Criminal Justice System

Critical Analysis of the Criminal Justice System The purpose of this paper is to discuss the two types of ethics, absolute and relative. Noble cause corruption, challenges faced by administrators, managers and supervisors, unaccepted behaviors in policing, standards of conduct in the courts and ethical situations in corrections. In summary, I will discuss how each of these ethical considerations affects the management of organizational policy and implementation of justice programs. Types of Ethics Character and ethical conduct, for criminal justice personnel, means that they would never betray their oath of office, their public trust, or their badge (Peak, 2010, p.335). Police officers, judges and lawyers have a moral obligation to be honorable and trustworthy. The publics expectations of these personnel ought to not be compromised; they are held at a higher level of morality and should uphold this disposition regardless of the situation. Ethics involves doing what is right or correct and is generally used to refer to how people should behave in a professional capacity (Peak, 2010, p.337) There are two types of ethics police deal with on a daily basis, how they react to these ethical dilemmas determine the level of integrity and or morality of the officer. Absolute ethics is two-sided, good or bad, black or white (Peak, 2010, p.338). For example, if someone stops at a stop sign, this is the right thing to do. Not stopping at the stop sign is the wrong thing to do. A relative ethic is relative depending on the persons perception of the situation such as a person running a red light, was the light yellow as the car approached the light as it turned red or was the light red before the car proceeded. These examples are quite simple to everyday citizens but a police officer making a decision on a relative issue, it is the difference between issuing a citation or not. Communities make exceptions when it comes to relative et hics. Officers may be allowed perform illegal traffic stings to prevent speeders in residential areas or hassle juveniles hanging on street corners late at night to prevent drug trafficking. The prevention of crime and protection of the community justify these unethical behaviors. Noble cause corruption Noble cause corruptions leads to ineffective policing by breaking the rules either intentionally or unintentionally to cover a mistake or a purposeful act against a citizen. This act of carelessness is a detriment to a person who is unaware of how the situation will affect them in the long run, such as an accusation of speeding which could lead to a hefty citation or suspension of a drivers license or the illegal search of a vehicle that produces something incriminating eventually leading to a conviction and jail time for the accused. The mentality that the bad outweighs the good in an effort to make an arrest contributes to a corrupt justice system. During the OJ Simpson trial, Detective Mark Fuhrman discovered bloody gloves and other DNA evidence that could have easily implicated Mr. Simpson in the murders of his ex-wife and friend. Mark Fuhrman, the prosecutors key witness, committed perjury when he testified under oath that he had never used the N word, but the defense revealed a taped interview of Fuhrman bragging about the abuse of gang members and using the N word, casting doubt about his credibility. Although there was substantial evidence in the case, OJ Simpson was later found not guilty (Curtis, 2008, p.22). Challenges faced by Administrators, Managers, and Supervisors Administrators, middle managers and supervisors are faced with the dilemma of ensuring that their officers are not violating the exact laws they are governed to oversee. Some officers deal with day to day issues which supervisors are unaware of or directly involved in. This means if a law is violated, and not reported, the officer gets away with it. If the supervisor is aware the officer has committed a violation, the action should not be pushed under the rug, he or she should not be given a slap on the wrist or worse case scenario; not address the indiscretion at all. Supervisors have various leadership styles and address situations in different ways; their attitude dictates the dynamics of the departments professionalism and behavior (Schafer Martinelli, 2008)p. 306. It could become organizationally accepted and give the impression to other officers that it is okay to break the rules without the fear of consequences and quite possibly lead to corruption within the department, as i n the case of the infamous Rampart division of the LAPD. The Community Resources Against Street Hoodlums (CRASH) anti-gang program was initiated under the direction of LAPD Chief Daryl F. Gates in the late 1970s, the program had encountered some success in the Rampart Division. The success turned to failure when between the years 1998-2000, it was discovered that extreme police misconduct was committed among Ramparts CRASH squad with Officer Rafael Perez at the helm of the investigation making it one of the most widespread cases of documented police misconduct in United States history. Fellow officers were aware of the incident but failed to report any of indiscretions for the fear of retaliation and possibly death. The convicted offenses included unprovoked shootings, unprovoked beatings, planting of evidence, framing of suspects, stealing and dealing narcotics, bank robbery, perjury, and covering up evidence of these activities (Cannon, 2000, pp.5-9). Ethics in Policing Accepted and Deviant Lying Slippery slope is the acceptance of unethical or illegal behavior on behalf of the officer. A term that can best be described as riding the fence. Police officers are aware of the ethical responsibilities that come with wearing the uniform and badge. Accepted lying involves the by any means necessary motto, do whatever it takes to get an arrest or conviction. Deviant lying include illegal acts such as planting evidence, withholding evidence, illegal search and seizures and lying under oath. Deception is a behavior committed by officers without forethought. Police interrogations lead to deviant lying by deceiving a suspect with fake evidence or proof of witnesses to a crime they may have not committed. In order to receive a confession, detectives may interrogate a suspect for numerous hours, withholding food or water, and any other form of intimidation (Peak, 2010, pp.340-341). Gratuities A behavior that could lead to corruption is acceptance of gratuities. Some police departmental polices do not allow officers to receive gifts. There is a gray area when it comes to accepting gifts that can range from discounts, free or half priced meals to free donuts because these gifts seem to be insignificant. The model of circumstantial corruptibility proposed by Withrow and Dailey basically states that givers and receivers determine the level of corruptibility, if a gift or free meal is given voluntarily there is no violation of acceptance (Peak, 2010, p.342), however if the freebie is an expectation of the receiver as a form of payment from the proprietors for their safety or protection (Ruiz Bono, 2004, p.49), this action is a violation. Others believe accepting discounts, free meals or other gratuities are not a violation of a particular departments policy but it allows the officer to build confidence and trust within the community. Inevitably the acceptance of insignificant gifts leads to the slippery slope of engaging in bigger issues such as bribery and extortion (Coleman, 2004, p.33). Greed and Temptation Greed and Temptation evolve from the slippery slope brought on by the acceptance of gratuities. A police officer may start with offenses of greed such as recovering small items from the property department that were never claimed or items left behind by suspects fleeing police during foot chases. In my opinion, temptation and greed is not a behavior that transpires from the lack of money, poor working conditions, or intentional deceptiveness but the justification stems from the opinion that seizure of the items are perks that come with wearing the uniform and the absence of the individuals morals and lack of integrity. Once the line has been crossed, the officer may find it hard to revert back from. In some cases, the officer does not recognize succumbing to temptation because it has become second nature. Training, Supervision and Values Prior to a prospective candidates acceptance into the police academy, extensive background checks and assessment tests are used to evaluate their character, judgment and critical thinking skills. After completion of the academy, new recruits are trained by more experienced officers who play the role as mentors. Supervisors are unable to be involved in every aspect of the mentoring process, the hope is that the supervisor is an active participant within his department or division and is aware of the best person to assign with a new recruit. Unfortunately there are more officers than supervisors, hence the need for other officers to function in the capacity of a training and mentor (Peak, 2010, p.345). If the mentoring officer has a corrupt mentality exposing the unethical and negative side of police work, the recruit may have a misconception of the attitudes and expectations of being a police officer with integrity. The corruption could possibly work as an advantage, allowing the new recruit to realize the route not to take and to maintain the core values instilled from the training academy. Ethics in the Courts The Judge The Code of Judicial Conducts purpose is to prevent the judge from being an active participant in actions that will allow him to act in an unprofessional manner questioning his ability to perform his duties and responsibilities without prejudice (Gray, 2005, p.35). Judges are held at a higher standard than any other official within the court system, therefore their loyalty and integrity are expectations from the general public (Peak, 2010, p.347). Unfortunately as in the case of police officers, some judges believe they are above the law, expecting preferential treatment because of their position. The thought of being investigated or convicted of any misconduct would be preposterous in their eyes (Peak, 2010, p.347). Once a judge gets comfortable with the thought of escaping the law, the thought process could easily carry into the courtroom. A federal judge in Texas appointed by President Bush in 1990 was convicted of sexual misconduct of two female court employees and sentenced to 3 years in prison (Casselman, 2009, p.A.4). In 2006, one hundred and thirty five judges were disciplined in a public forum for ethical misconduct; some cases were severe enough to have the judge removed from office. Not all states allow public discipline to preserve the innocent until proven guilty stature on behalf of the judge, if he is proven innocent of the allegation he could face ridicule (Tembeckjian, 2007, p.419). Public confidence in the court system is important, if the public has no confidence in the system, they will not respect it and decide to carry out their own punishment as judge and jury. Lawyers for the Defense Defense lawyers are not held to such a high degree as judges but they must have morals and principles to be able to represent a defendant fairly. A defendant has the right to counsel and should have the confidence in knowing their counsel will treat them in a way in which they themselves would want to be treated, by sacrificing their own personal time, and tapping into resources that would be beneficial in the case against their client. Three attorneys from the state of Kentucky were working as foreclosure attorneys and represented clients referred by a particular foreclosure company, in exchange for their services the law firm grossed more than a quarter of a million dollars. The act of the business being referred by the foreclosure company versus the lawyers seeking the clients on their own was in violation of the Ohio Code of Professional Responsibility (Seidenberg, 2009, p.26). As recently as 2000, defense attorneys in the state of Florida have been the target of Federal Governme nt investigations. The investigations stemmed from the unsuccessful prosecution against drug cartels and kingpins. Several attorneys were charged with victim intimidation and money laundering resulting in convictions and jail time for their involvement in the acquittals of high profile and infamous clients (Carter, 2000, p.18). Prosecutors The prosecutor must be able to prove the defendant is guilty beyond all reasonable doubt but prosecutors have a tendency to be a bit pretentious and break the law for the sake of justice regardless the cost. Unfortunately innocent people are placed in a position of pleading guilty to crimes they did not commit as a result of misconduct. Misconduct by prosecutors is commonplace within the courtrooms, an effective tactic that works in their favor. It consists of destroying, altering or withholding evidence, intimidating defense witnesses to testify in exchange for lesser sentences, coaching witnesses for the prosecution to give statements that help their case against the defendant. Ultimately the defendant does not receive a fair trial and is wrongly convicted. Criminal convictions in recent years have been overturned because of misconduct by prosecutors in regards to scientific and exculpatory evidence. A prosecutor has the moral obligation to maintain a level of competence in the cou rtroom. If he has evidence the defendant did not commit the crime he is being convicted of, the prosecutor should bring for the information (Joy McMunigal, 2008, p.44). Unfortunately the appellate courts allow this type of behavior to continue which gives the prosecutor the freedom to do whatever he feels he can get away with in the courtroom (Peak, 2010, p.348). Other Court Employees Confidential employees have the responsibility to maintain ethical standards as well as attorneys and judges. Their positions within the court system allow them access to court records and they are often privy to information that can lead them to commit misconduct. Court clerks have sometimes been accused of simple offenses as fixing tickets and other favors for friends and relatives to severe cases of accepting bribes. Several other cases involving the unethical actions of employees include a building operations manager in Hennepin County, Minnesota charged with stealing over $16,000 from the state by claiming she worked more than 500 hours, a county jail nurse in the same state was charged with stealing drugs prescribed for inmates (Olson Duchshere, 2009). Ethics in Corrections The role of a Correctional Officer (CO) is to maintain discipline and order within the prison and involves direct contact with inmates on a daily basis. The stress level for a CO includes hostile actions towards the officer, danger, taunts, long working hours and menial pay in an unfulfilled environment (Peak, 2010, p.349). As in a police environment, the supervisor sets the tone for the standards of behavior among the officers and the climate of the correctional facility is predicated on the security level. Inmates housed in a maximum security facility are most likely to challenge an officer without any regard to the repercussions of their actions because they are possibly serving a life sentence; he feels he has nothing to lose. In 1990, data collected by the Department of Justice showed 185 assaults on federal correctional officers, 10,731 correctional facility officers were assaulted by inmates and by 1995, 14 staff members were killed as a result of assaults (Bierman, 2006, p.68 ). Correctional Officers are at a greater risk of injury because of weapons manufactured from everyday items within the prisons. COs have to take great precautions to protect themselves, these precautions include the use of force in an effect to gain control of a deviant inmate. The Federal Bureau of Prisons (BOP) established a code of ethics to reduce incidents of the use of force when using restraints or a stun gun to subdue an unruly inmate. The Use of Force and the Application of Restraints on Inmates statement gives specific guidelines as to how and when it should be implemented. Proper written documentation is required for legal purposes and each encounter is recorded to ensure this method was warranted. However, the use of force should be exercised as a last resort once other measures of control are proved to be unsuccessful (Falk, 1995, p.110). The harsh working conditions in prisons can cause correctional officers to inflict physical abuse on inmates violating the Eight Amendment-banning the use of cruel and unusual punishment. The abuse occurs in state and prisons as well as jails. The largest jail in the U.S., Cook County in Illinois, has been on a 25 year investigation from repeated reports of excessive abuse. Excessive abuse is not the only act committed by correctional officers. The issues of overcrowding with the lack of correctional officers allow officers to form a relationship of strong bonds vowing to protect each other, not berate an officer in the presence of inmates, and to trust the officers word over that of an inmate. That bond can be easily broken by officers who report indiscretions by referring to them as snitches. The expectation is that anything that goes on in the prison stays in the prison. Using inmates as a form of entertainment is one of the most degrading experiences for the inmate; provoking fig hts among rival gangs, allowing sexual, verbal, and physical abuse are several complaints reported by other officers. The Rikers Island prison in New York was under investigation for alleged extortion rings within its young adult division. This discovery was based on an inquiry into the death of a juvenile within the facility (Buettner, 2009, p. A.17). Some correctional officers resort to unethical behavior of turning a blind eye as in the case of the highest ranking official at a Westmoreland County, Pennsylvania prison. The officer was found guilty of allowing an inmate to run a drug-trafficking operation by using a cell phone from the confinements of his cell, all of the transactions for the operation took place during the officers night shift. After serving a 60 day suspension for his involvement, the officer was fired (Anonymous, 2009, pp.1-2). Summary Organizational policy is based on a standard of operating procedures determined by a collaboration of ideas, suggestions and processes to improve or implement the outcome of an organizations goals. Organizational structures were implemented within the criminal justice system to increase functionality. Based on this ideology, in order for the components to achieve their goals of becoming and remaining successful in organizational policy as well as implementing justice programs, each entity needs to recognize its pitfalls. Each component needs to establish mission statements and introduce education and training programs at all levels. Allow feedback and ongoing discussions when procedures have proven to be ineffective. The foundation was laid at the inception of the criminal justice system. Over the years, we have made revisions to keep up with our ever-changing society. Laws and prison sentences differ from state to state based on the need for harsher penalties in the prevention of cr ime. The Code of Judicial Conduct was established to introduce judges to judicial ethics within the courtroom and prevent them from being removed from office because of indiscretions. The Amendments were established to ensure citizens rights were not violated. The common denominator is ethics. Policies are unable to be administered if rules and regulations are violated by police, the court systems and corrections.