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The Death Penalty Of The United States - 948 Words

The death penalty is a huge controversy in the United States. There are many different feelings regarding the death penalty. Some feel like it is the easy way out for people who have committed heinous acts, and others feel like it is the perfect justice for those individuals. An argument made by the website ListVerse explained, that people teach their children not to steal, or commit crimes because they will be sent to prison and punished (ListVerse). Completing their argument, the same website also explained that if the same child, who was taught not to commit crime, commits murder, and is sentenced to the death penalty they are taught nothing (ListVerse). It is important that the criminal justice system not only serves justice, but also deters people from committing the same offense. On the opposing side of the argument, the website Phil for Humanity explains the importance of the death penalty. Phil for Humanity points out how expensive it is to house inmates, and that these indiv iduals are extremely dangerous to society (Phil for Humanity). This paper will discuss the pros and the cons of the death penalty in greater detail. There are many pros and cons to the death penalty. Some find it hard to believe that the United States would command a person executed for killing another human being. According to the article The Impact of Information on Death Penalty Support, Revisited, â€Å"Deterrence is a common reason provided by death penalty proponents of why they supportShow MoreRelatedThe United States Of The Death Penalty894 Words   |  4 PagesThe United States of America has been influenced by the Britain’s use of death penalty when Europeans first settled into the new world. Majority of the states still carry out executions, and there are hundreds of people that are on a death row sentence. The National Coalition to Abolish the Death Penalty, and Criminal Justice Legal Foundation are two opposing organizations. The NCADP is against the death pena lty while the CJLF is for the death penalty. The National Coalition to Abolish the Death PenaltyRead MoreThe Death Penalty Of The United States1733 Words   |  7 Pagesanswer? Then why is there such thing as a death penalty? Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. This is what is stated in the 14th amendment of the Bill of Rights. So why is there still a death penalty in the United States? The first laws created towards the death penalty go as far back as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, which allowed the death penalty to be carried out for 25 different crimesRead MoreThe Death Penalty Of The United States1520 Words   |  7 PagesThe use of the death penalty in the United States has always been a controversial topic. The death penalty, also known as Capital Punishment, is a legal process where a person is put to death by the state as a punishment for a heinous crime. The judicial decree that someone be punished in th is manner is a death sentence, while the actual enforcement is an execution (Bishop 1). Over the years, most of the world has abolished the death penalty. But the United States government, and a majority of itsRead MoreThe Death Penalty Of The United States1746 Words   |  7 Pagesanswer? Then why is there such thing as a death penalty? Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. This is what is stated in the 14th amendment of the Bill of Rights. So why is there still a death penalty in the United States? The first laws created towards the death penalty dates back as far as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, which allowed the death penalty to be carried out for 25 different crimesRead MoreThe Death Penalty And The United States3694 Words   |  15 PagesThe death penalty, as we know it today, didn’t exist in the United States until 1976. However, the American penal syste m has incorporated capital punishment since the earliest settlements were founded in the early 1600’s. The first recorded execution in the United States occurred in 1608 in Jamestown, Virginia when Captain George Kendall was executed just one year after the Jamestown settlement had been established after he had been convicted of being a spy for Spain (Part I: History of the DeathRead MoreThe Death Penalty Of The United States Essay1631 Words   |  7 PagesUpon completing a forum post in a Sociology class this semester I was given the task to watch a documentary discussion the death penalty in the United States. After watching several short films that include testimonies of the death row exonerate s, I learned of just how easily these innocent people were almost murdered by a system that you and I are funding. The victims go on not only to tell of their own suffering but also the horror that their families endured. Many of them had several executionRead MoreThe Death Penal ty Of The United States2912 Words   |  12 Pages The death penalty was introduced to The United States by Britain. There have been over 14,000 executions in The United States since 1608. In 2011, 36 states held 3,158 inmates under the death sentence. Hanging, firing squad, the gas chamber, the electric chair, and lethal injections are all methods that are and were used in the history of The United States. Many individuals do not realize what the prisoners go through before getting executed. They also do not know whatRead MoreThe Death Penalty And The Safety Of The United States1180 Words   |  5 Pagessystem was made to protect the rights and the safety of the citizens of the United States, It was created to have justice in the United States, But even then it has some flaws. Three of the faults I decided to discuss about are the death penalty, Issues within prison for example; weapons and riots, and high incarceration rates. The death penalty is just one of many faults in the justice system. It is legal in 31 states such as Alabama, Arizona, Arkansas, California, Colorado, Delaware, FloridaRead MoreThe Death Penalty During The United States Essay2246 Words   |  9 PagesThe death penalty in the United States can be traced all the way to early American history when it was under the colonial rule of Britain. Though in early history the death penalty was used for even menial crimes such as burglary, capital punishment in the United States is currently used for only the most heinous crimes, such as first degree murder, rape, treason, or espionage. Because the nation was unified under similar Christian beliefs, there was no question of how death could be the worst punishmentRead MoreShould The United States Allowed The Death Penalty?962 Words   |  4 PagesWith all the jails in the United States being overcrowded with convicts with serious crimes, and doing life without parole. I start to wonder what the impact would be if the United States allowed the death penalty to be used in all fifty states? First, I needed to view into other countries and examine why they still allow to have capital punishment in their country. Out of 196 countries in the world only 58 of those countries still embrace capital punishment. China is at the top of the list that

Mental Illness and Crim Behavior Free Essays

A study done in 1999 shows that out of the three million arrests made, we can see that no specific race, economic group, or gender group is the cause for such a high number of arrests. In the reading it seems as if criminal behavior is spoken about as a means to satisfy ones needs in order to make up for something that they lack. For example in the reading it explains how young adults are often frustrated with their lives regardless of race or economic status, they will find a way to take their frustrations and lash out. We will write a custom essay sample on Mental Illness and Crim Behavior or any similar topic only for you Order Now This is to say that no matter how â€Å"normal† or â€Å"bizarre† the criminal’s mind seems to be, the criminal still has comprehension and attention to detail of the crime they have been involved in and so they cannot be claimed as â€Å"mentally ill†. Contrary to these findings, one might argue that even though crime is not necessarily a â€Å"race† or â€Å"economic† factor but it does play a role in one’s life (environmental factors). In general it is known that criminal behavior is both an individual and social problem. Some crimes are plotted and carried out while others seem more of a compulsive act. Either way, these crimes require â€Å"logic and self-control†, as it says in the reading. (Page 26) This reading further suggests that no matter how out of the norm a criminal act mat be, the offender has a complete understanding and awareness of the crime and their actions that go along with carrying out the crime. This defeats the groundings of the insanity or the mentally ill but guilty defense. However, after looking back at the reading, one may question the statements made because they seem to one sided in that they are not exploring the idea of a criminal who is mentally ill and just exploring the idea that society is the cause of criminal acts. One statement that is made which stands out is when it is said that â€Å"crime is not contagious like the chicken pox†. While it stands true that just because one person in a community decides to partake in criminal behavior, it does not mean to say that others will soon begin to engage in similar behavior simply because they are close to that initial person. However, when it comes to people who are mentally ill the crimes they commit are a type of â€Å"chicken pox† in that certain mental illnesses cause certain types of crimes so that it is sometimes detectable based on one’s behavior if they are going to commit a crime linked to their mental illness. Also, if a criminal with a mental illness is put into the general population of a correctional facility, they may be influenced by others and their behavior to act in a way similar to those they had contact with. Although the environment of a person often determines their behavior, logic, and emotions their DNA or pre-disposed conditions also play a role. Referring back to the example given on page 27, a man who murdered his wife in the heat of an argument would not be considered for the insanity defense because of his â€Å"temporary insanity† through a violent crime of passion. To Samenow, this person was not â€Å"seized by an alien† or had an â€Å"uncontrollable impulse† and so this man was not out of character for committing this crime because according to Samenow he had voiced in the past that he had wished her dead or that the man often held vendettas against those who crossed him. Samenow then shows a case in which a man with worse problems (his wife cheating on him), did not seek revenge in this way and chose to act rationally by petitioning for a divorce. According to Samenow the first case exhibits a man not with a mental illness but with a social/personal problem whose environment forces him to choose to act in such a way. Although compelling it can be argued that this instead is an example of a man who is able to portray or mimic what the â€Å"norm† is and can appear to be functioning normally despite having there be a severe mental illness such as a personality disorder in which he engages in purposeful malicious behavior (pushing his wife, seeking revenge for those who harm him) and may actually be more harm to himself than others before murdering his wife. This person may be highly charming, intelligent, and able to be very put together meanwhile internally he cannot cope with the environment around him and so he creates this persona of the person who others expect him to be. This is a person who suffers from a major mental illness and will not be able to emotionally understand their crimes or the logic/morality for why it is wrong. Although having a mental illness may for an individual to act in a certain way, it does not excuse their actions and they should have consequences just as any other person would. However, a person with a mental illness should be held to a different level of responsibility since they already cannot cope with their lives which is why they acted in such a way to begin with. A criminal with a mental illness should be put into therapy to allow them to gain techniques to cope with life and with situations which cause them to act out along with an incarceration sentence. How to cite Mental Illness and Crim Behavior, Papers

Emotional Intelligence And Self Assessment Essay Example For Students

Emotional Intelligence And Self Assessment Essay Self-Assessment Review According to Bradberry and Greaves, emotional intelligence is â€Å"your ability to recognize and understand emotions in yourself and others, and your ability to use this awareness to manage your behavior and relationships† (pg. 17). Emotional intelligence has two main competencies; 1) personal: pertains to self-awareness and management, and 2) social: relates to the observation and interaction with others. The competencies consist of four domains; 1) self-awareness: recognizing your own emotions and how they affect your thoughts and behavior, 2) self-management: one’s ability to control impulsive feelings and behavior, 3) social-awareness: understanding and picking up on emotional cues of others, and 4) relationship-management: developing and maintaining healthy relationships. Thus, emotional intelligence is a skill to recognize, comprehend, and manage emotions to communicate effectively, overcome challenges, empathize with others, and resolve conflict. Although, only â€Å"36 percent† of society truly recognize their emotions as they occur, emotional intelligence â€Å"accounts for 58 percent of performance in all types of jobs† (Bradberry Greaves, 2009, pgs. 14, 20). Hence, the importance of taking the Emotional Intelligence Appraisal to become aware of the association among what you realize and what you do with yourself and how you interact with others. It has been suggested, the most successful people in life are those with high levels of emotional intelligence. While Intelligence Quotient (IQ) plays a factor, one’s IQ is not flexible thus unchangeable. Whereas, emotional intelligence is flexible, consequently â€Å"people with average IQs outperform those with high IQs 70% of the time† (Bradberry Greaves. .will enhance my emotional intelligence and leadership competencies. Counting to ten will allow me to rationalize what I’m going to say or do and regain control of myself rather than letting my frustration and anger exacerbate the situation. Additionally, breathing correctly will reduce my frustration since my brain will obtain the appropriate amount of oxygen thus keeping me alert, focused, and clam. Moreover, taking an extra day (sleeping on it) will allow me time to regain control instead of making decisions when I’m upset. Although, these strategies seem simple they are powerful techniques at my disposal to manage my emotions. According to Goleman (2013), â€Å"50 to 70 percent of how employees perceive their organization’s climate can be traced to the actions of one person: the leader† (pg. 18). Thus, it is critical I develop self-management skills.

Cashless Society Essays (323 words) - Payment Systems, E-commerce

Cashless Society Cashless Society One article that caught my attention recently was one presented in the November 21, 1998 issue of The Economist. The article was about a cashless society and how well alternative forms of tender were catching on. According to the article, some forms of the smart card haven't caught on as well as expected. Smart cards have information embedded in them, essentially allowing a consumer to purchase things quickly and conveniently. It was the hope that these cards would supplant paper and coin money forever. However, that has not been the case. Smart cards do exits, however. In the article, it is mentioned that smart cards with chips embedded in them allowed a customer to quickly swipe the card through the reader. Thirty-two cents is then deducted. Simple and easy, right? Well, it hasn't caught on. One of the main reasons that smart cards have struggled a bit is that it has competition in the form of current debit cards. People can purchase anything they desire with these cards already. Therefore, there wouldn't be any added value of having a debit card. A survey of 2,400 North Americans by Smart Card Forum gives some interesting results. According to the survey, more than three-quarters would have liked to have a card that stored vital medical and car-related information. Less than half wanted a card that they could use to purchase things with. Another problem facing smart cards is compatibility. Current smart cards utilize only on a small range of readers. For example, a smart card for parking meters in Boston would not work for ones in New York. And since local governments control those areas of jurisdiction, it has to take a national effort to make it work. This means that the U.S. government must implement and lead the way. When this happens, then we will truly see the fall of paper and coin money. Social Issues Essays

Cleft Lip essays

Cleft Lip essays Prehistoric art tells historians that people once thought congenital diseases, or birth defects, werebad omens or the displeasing of the gods. In one instance, it was thought that cleft lip was caused by themother of the baby being startled by a rabbit. Odd as it may seem, at that time it was the most logicalexplanation for that particular birth defect. However, now we know that a cleft lip is not caused by amother being startled by a rabbit, but by the environment the mother is in, the ethnicity, race, genetics,sex, and so on. Cleft lip is the fourth most frequent congenital disease in the United States. On average,one of every 700 newborns is affected by this disease, which means that approximently 5,000 babies areborn with cleft lip every year. This very common defect goes along with many other defects as well. Affected babies go through surgery to sew the lip around 1 to 2 months of age, later dental/orthodonticcare, ear care, and speech therapy. Although a lot of cleft lip cases accommodate some mental situations,a lot of cases do not. First of all, the prefix cleft means split, so knowing this, a cleft lip is a separation, or split, in the upper lip. The cleft might only be on one side of the lip making a small notch,or it could go all the way to the base of the nose. This type of a cleft lip is called a unilateral. A secondtype of a cleft lip is called a bi-lateral where there is one cleft on each side of the lip. The separation isusually an opening where the upper lip failed to grow together. The failing to grow together can varyfrom a small notch at the top of the lip to a complete separation stretching to the nose. How this defecthappens goes back to genetics. Every child inherits 100,000 genes, 50,000 from each parent. There are anumber of inherited genes that combine together to form the face, palate, or lip, and that can cause aproblem. In most cases, cleft lip happens because of a combination of ge...

Experience in writing the critical analysis Essay

Experience in writing the critical analysis - Essay Example I rarely take statements the way they appear. I have been able to ask, why? In many occasions, this has become part of statement argument in my daily life. Literary analysis is crucial in writing process and I am so convinced that given any work on this, I will be able to handle with a lot of enthusiasm and care. I understand how the written word and language can be powerful. In this class, I am also able to get concepts and expression of ideas. The ideas go together with knowledge and thoughts. In addition, I do not have difficulty in proper sentence construction. My critical analysis essay is very complex in nature with many dimensional views. It gives me the rational knowledge to apply that helps me create a perfect way of logical thinking process. Through this, I am able to see things or expressions in more than one way. For instance, if I look at the most said English phrase â€Å"love is blind†, I am able to analyze it just to get the most appropriate meaning. Logically, what comes into my mind is the author of the phrase, William Shakespeare. Then I would understand that he is a very powerful person since his literary work is sold all over the world. There is a reason for quoting this phrase. It dawns on me that the author’s phrase is very simple, but it holds deep meaning and captures attention of many other scholars and writers. It has gained fame all over the world. ... I will not stress much on this, but let me go back to the subject of the topic. When I refocus on writing skills, understanding the powerful nature of particular statement is crucial. This helps where it can be used effectively in a given sentence construction. In exemplifying this, an analysis on environmental perspective, the writer Steinbeck stressed on embracing and cherishing the natural environment. He states in his book, â€Å"fingers of cloud† the most proper way of treating the environment. The title of his work is reflecting on creativity and one understands the environmental concept more deeply. In using one of his major characters, Gertie, who disregarded all her worldly duties and only embraced radiant mystery of tall mountains and bright skies, he is able to describe the hidden meaning of the title. At least now I am more effective in presenting my written work especially when it comes to research paper. Previously, I would always state what was learnt in class a nd my research findings just in a general way. This time round, I am able to formulate supportive and critical ideas from different sources. Description on my report writing has become a very easy and I can do my work effectively. The classes I had really helped me in writing better papers. In my learning process, I am able to understand and put together various ideas in a coherent and in a correct way, according to the requirements of my assignment. In demonstrating my position, when I look at the research that I have written, the description on the â€Å"Fingers of Cloud,† where it is presented that Steinbeck’s fiction is very interesting when he decided to lengthen the rift between the real and the metaphysical. In addition, different interesting skills I have learnt in writing show my

Leadership Development Essay Example | Topics and Well Written Essays - 250 words

Leadership Development - Essay Example Moreover, physicians constitute to twenty percent of the entire hospital board members whilst other supplementary clinicians contribute to approximately five percent. Nurses need to view themselves as fundamental decision makers who are extremely capable of influencing health results (Watts & Gordon, 2012). This process mainly entail undertaking campaign that mainly foster engagements of the well trained nurses to public policy and corresponding health care association boards mainly at the state and national levels. There ought to be leadership at each level that will mainly incorporate program for engaging staff nursing and empowering floor nurses thus advancing patient care (Watts & Gordon, 2012). The alterations ought to be tested over certain duration and implemented in case they prove to be helpful. Moreover, the program has advanced patient results encompassing eradication within falls with harms and corresponding 30-day hospital readmission rates. There is a massive chance of transforming culture of the health care when the nurses are better equipped and capable to mainly practice and enact full degree of their underlying education and

The Organizing Process Essay Example | Topics and Well Written Essays - 1000 words

The Organizing Process - Essay Example The first step involves reviewing objectives and plans. Objectives are activities that must be completed in order for the organization to achieve its goals. In this step, the organization shapes the activities needed for the achievement of organizational goals. Managers need to examine plans and identify the need for change as new goals are formulated. The second step is the determination of work activities that are necessary for the accomplishment of the objectives. This step requires managers to list and analyze all the tasks that are central to the achievement of organizational goals. The third step is the classification and grouping of the work activities into manageable units. Managers group activities based on the four models of departmentalization that is geographical, functional, customer and product. The fourth step is the assignment of activities and delegation of authority. Managers assign defined work activities to people within the organization. The assigned individuals are empowered to carry out their duties in accordance with the mission and vision of the organization. The last step is the design of a hierarchy of relationships. Managers begin by determining the horizontal and vertical relationships that exist in the organization. Managers develop an organizational chart, which shows the relationships. The concept of authority presupposes specific types of power. The mark of authority is in the index of recognition that usually accompanies authority that makes power legitimate.

Contract Law Case Study

Contract Law Case Study PART I LINUS WISHES TO SUE CHARLIE On what contractual grounds could he sue? Linus could sue Charlie on the grounds of the mailbox rule/postal rule, since a contract was created on June 15, 2009 when Linus wrote back to Charlie accepting the offer, not when it was received. Once the mode of communication is the mail, an acceptance becomes valid when it is dispatched or placed in the control of the US Postal service, not when it is received by the offeror. Will Linus prevail? Yes, Linus will prevail even though the agreement was not communicated to the offeror, it does not prevent the contract from being created. What if any defenses, contractual arguments or counterclaims would Charlie have? Charlies defense for a counterclaim should include the fact that while Linus accepted the offer in a timely fashion, the acceptance did not correspond with the offer, when Linus requested to change the original offer that changed the terms of the agreement and an offer in one set of terms can hardly be accepted by a communication in different terms. Will Charlie prevail? Yes, and to reiterate that an acceptance of a contract means that nothing should be added to the offer, even if it is consistent or similar to the offer. The offeree must accept unequivocally without changing the original offer. CHARLIE WISHES TO SUE THE VET On what contractual grounds could he sue? Charlie could sue on the grounds that while there was an exculpatory clause on the receipt releasing Vet Emporium from liability in connection with the treatment of Snoopy and Woodstock, that did not waive the veterinarians standard of care owed to the patients. This unconscionable clause is voidable for reasons of public policy, because a party may not exempt themselves from liability from a duty imposed on them by a statute for their negligence in the performance of a duty imposed upon them by law. Charlie could recover for intentional infliction of emotional distress for harm to Woodstock. Will he prevail? Yes, the veterinarians conduct was unprofessional, when he endangered the health and welfare of Woodstock due to unreasonable safety. What if any defenses, contractual arguments or counterclaims would the Vet have? The veterinarian may assert that the exculpatory agreement which was part of the receipt waived Charlies right to sue for injuries on the grounds that the extended boarding services provided was not a primary function of the veterinarians practice and when Charlie used these services, he did so voluntarily. Will he prevail? Probably not, while waivers are customarily part of a boarding agreement, they are unenforceable in many jurisdictions. SALLY WISHES TO SUE THE VET On what contractual grounds could she sue? She could sue on the grounds of breach of a unilateral contract. Once an offer has been made such as when Vet Emporium posted the advertisement all over the area of a reward for the return of Woodstock, acceptance of that contract was satisfied when Woodstock was found by Sally. Once Sally performed the condition, the offeror was contractually obliged to pay her. Will she prevail? Possibly, there might be an issue with the way in which she returned Woodstock. She probably should have taken him to Vet Emporium to collect the reward. What if any defenses or contractual arguments would the Vet have? Vet Emporium could argue that Sally was not obligated to the reward since she did not return Woodstock to their office. Will they prevail? Yes, this was condition precedent contract that stipulated that Woodstock had to be returned to Vet Emporium in order to collect the $50.00 reward. THE VET WISHES TO SUE CHARLIE On what contractual grounds could he sue? He could sue for failure of payment for services rendered to Snoopy. Will he prevail? Yes, payment is still due for caring of Snoopy. What if any defenses or contractual arguments would Charlie have? In defense, Charlie could state that because of the veterinarians negligence Snoopy suffered emotional loneliness when Woodstock flew away, he should be awarded damages. Will he prevail? Yes. Compensatory damages can be awarded for the breach of contract. SALLY WISHES TO SUE CHARLIE On what contractual grounds could she sue? Sally could sue Charlie for refusing to pay as agreed, for caring for Woodstock. Will she prevail? Yes, Charlie expressed orally that he would reimburse Sally $100.00 for finding and caring of Woodstock. What if any defenses or contractual arguments would Charlie have? None, Sally expected payment for service and Charlie should have known that payment was expected. Will he prevail? No, Charlie could have picked up Woodstock without offering to reimburse Sally. He committed himself to the payment. LUCY WISHES TO SUE LINUS On what contractual grounds could she sue? Lucy can sue Linus for compensatory damages for the loss of bargain of the work that he was to perform. Will she prevail? Yes, she can sue Linus for breach to recover the additional $325.00 in compensatory damages and for other fees incurred to obtain performance from another source. What if any defenses or contractual arguments would Linus have? Linus could argue that the breach was unintentional and was based upon the reliance of a contract with another party. Will he prevail? No. Regardless of the circumstances, he still breached his contract with Lucy. PART II SCHROEDER V LUCY On what contractual grounds could he sue? Schroeder could sue on the grounds that he was not advised to obtain his own independent counsel to have the document reviewed before signing the prenuptial agreement. He could sue that the agreement was unconscionable when it was executed and, he was not provided a fair and reasonable disclosure of the property or financial obligations of the other party and he did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. Will he prevail? The resulted outcome can go either way, prenuptial agreements are routinely upheld and enforced by courts in virtually all states, even if only one party had an attorney (In re Marriage of Bonds 2000); however, there are circumstances in which courts have refused to enforce certain portions and provisions of such agreements(Estate of Lutz 1997). What if any defenses, contractual arguments or counterclaims would Lucy have? Lucys defense would be that while her actions were not laudatory they did not negate the voluntary nature of the execution. A unilateral promise such as to buy Schroeder a new piano if he will marry must be in writing. Such statements were not included in her prenuptial agreement. Lucy could also argue that it is Schroeders responsibility to delay the signing of an agreement that may not be understood. Will Lucy prevail? Yes, she acted appropriately and retained counsel on her behalf. LUCY V LAWYER On what contractual grounds could she sue? She could sue the attorney for negligent misconduct, malpractice and misrepresentation by concealment of not informing her of his status to practice law. The attorney violated state statues which prohibits the unauthorized practice of law and suspension for failure to pay bar fees. Will she prevail? Yes, many states have statues that suspend attorneys from practicing law for failure to pay their bar fees. Failure to pay the annual license fee will automatically suspend the delinquent lawyer from the practicing law in that state. What if any defenses, contractual arguments or counterclaims would the Lawyer have? None, he violated a state statue, and committed a fraud by practicing law knowing that his license may be suspended for not paying his bar dues. He shouldnt have any defenses available because he engaged in fraudulent misrepresentation that was detrimental to public policy. Will he prevail in his defenses or his counterclaims? No. Technically, all the work that he might have done while not in the possession of a valid license might be voided. PIGPEN V MARCIE On what contractual grounds could he sue? Pigpen could sue Marcie for fraudulent misrepresentation the facts for failing to disclose that they is an insect infestation, when she informed Pigpen that there was no insect problem in her home. Pigpen could also sue for recovery of his earnest money that he gave to Marcie. Will he prevail? Yes. Marcie failed to comply with the full performance of the contract. What if any defenses, contractual arguments or counterclaims could Marcie have? Marcie can argue substantial complete performance by getting rid of the insect infestation. Will she prevail in his defenses or her counterclaims? No. The problem with insect infestation cannot be easily corrected and intentionally failing to comply with the terms is a breach of contract. She intentionally withheld pertinent information from Pigpen about the condition of her home in regards to insects. LUCY V MARCIE On what contractual grounds could she sue? Pigpen could sue Marcie for fraudulent misrepresentation the facts for failing to disclose that they is an insect infestation, when she informed Pigpen that there was no insect problem in her home. Pigpen could also sue for recovery of his earnest money that he gave to Marcie. Will he prevail? Yes. Marcie failed to comply with the full performance of the contract. What if any defenses, contractual arguments or counterclaims could Marcie have? Marcie can argue substantial complete performance by getting rid of the insect infestation. Will she prevail in his defenses or her counterclaims? No. The problem with insect infestation cannot be easily corrected and intentionally failing to comply with the terms is a breach of contract. She intentionally withheld pertinent information from Pigpen about the condition of her home in regards to insects. LUCY V MARCIE On what contractual grounds could she sue? None, Marcie placed a condition upon which the sale would go forward if the sale of her existing home met the conditions outlined. Will she prevail? No. Since Marcie was unable to secure a buyer for her home, the offer to buy Lucys home is voided on the grounds that the condition preceded her absolute duty to buy. What if any defenses, contractual arguments or counterclaims could Marcie have? Marcie could use the defense that she placed the condition precedent in her contract that she would buy Lucys home upon the sale of her own home for $300,000 or more within 30 days. Will she prevail in her defenses or her counterclaims? Yes, if no one pays the price she has established within the period indicated, the agreement to buy Lucys home will fail because the condition precedent was not met. MOMS V SCHROEDER On what contractual grounds could they sue Schroeder? The moms can sue on the grounds of personal performance because they did not consent to the change. The moms can claim that delegation was not effective because the students complained about Peppermint Pattys ability and that materially altered their expectations. On what contractual grounds could they sue Peppermint Patty? They could sue Peppermint Patty for breach of her duty. Special trust was placed on her performance based on the personal skills of Schroeder. Will they prevail? Yes. Contractual duties cannot be delegated. The performance by Peppermint Patty varied materially from what was expected. Also, a delegation of duties does not relieve Schroeder of his obligations under the contract. What if any defenses or contractual arguments would Schroeder have? None, once Peppermint Patty failed to perform then Schroeder is liable to the moms. Will he prevail? No, the assumption of duty by Peppermint Patty varied materially from what was expected. Could he sue Peppermint Patty? Schroeder can sue Peppermint Patty for breach of contract and performance of duty. PEPPERMINT PATTY V SCHROEDER On what contractual grounds could she sue Schroeder? Peppermint Patty could sue Schroeder for payment of services rendered. Regardless of the fact, that the duties were not performed to the satisfaction of the moms, she still completed her obligation. Will she prevail? Possibly, personal satisfaction of the party must be fulfilled in order for a court to rule, unless the expression of dissatisfaction is to avoid payment. What if any defenses or contractual arguments would Schroeder have? Schroeder could argue that Peppermint Patty did not perform to the satisfaction of the moms and therefore performance was not satisfied and the condition was not fulfilled. Will he prevail? Yes, the breach was material since the performance was not at least substantial. Could he sue Peppermint Patty? Yes, he could sue Peppermint Patty for breach of contract of nonperformance of a contractual duty. PART III Once the offer was accepted by Linus from Charlie using the mailbox rule, the contract was valid and became effective upon acceptance. Linus is entitled to the $500 originally offered by Charlie. Vet Emporiums is already bound by contract to perform a certain duty and should not be compensated for their negligence of duty, but should remedy Charlie for the loss and harm they caused Woodstock. It would not be prudent for Vet Emporium to compensate Sally for the return of Woodstock because the advertisement posted contained conditional precedent for the return to their office. Sally is entitled to the payment of $100 from Charlie since he orally expressed his intentions to reimburse Sally for finding and caring of Woodstock. Lucy should recover an additional $325.00 in compensatory damages and for other fees incurred to obtain performance from another source. Schroeder signed the prenuptial agreement voluntarily and the promises made by Lucy were not stipulated in the agreement so ther e are no grounds for compensation. Lucy should pay the attorney because of his negligence, malpractice and misrepresentation to practice law. Lucys attorney should be suspended for failure to pay his bar dues and the courts in the state where he practices should review all his cases. Pigpen should received compensation of his earnest money funds from Marcie and the contract should be voided for breach by Marcie. Lucys contract with Marcie is void because of the conditional precedent that Marcie placed upon the offer. Without the sale of her home, there is no valid contract with Lucy. The moms had a right from Schroeder to perform his contractual duty and should be compensated nominally for damages suffered. Peppermint Patty performed her obligations under this contract and Schroeder should pay for those services rendered, regardless of the satisfaction of the customers. That satisfaction is the responsibility of Schroder since he was the obligor. References: Clarkson, Miller, Jentz, and Frank B Cross (2009). Business Law, Text and Cases, 11th Ed., South-Western Lexis-Nexis Legal Research

Ethics in International Security Essay -- Governmetn Politics Persuasi

Ethics in International Security Introduction: Since the attacks on the United States on September 11th 2001, governments, corporations, and individuals have been focused on the increasing problem of security. Countries all across the world are increasing security and intelligence gathering in order to protect against terrorism. Though the United States was the focus of the terrorist attack on September 11th, the entire world recognized the impending threat of international terrorism. Because terrorist organizations are decentralized, it is impossible to locate and quarantine an organization in order to disperse the threat. Typically when a country is seen as a threat, the country is occupied until the threat is removed. However, in this case it is not possible to take the same action. Therefore, it is important to combat this threat through a means that is effective against a decentralized enemy. This means is information. The world is currently in an era of technology where any information is almost immediately available. This includes information in areas such as stock exchanges, weapons, banking information, corporate transactions, and governmental secrets. Every industry is becoming so tightly coupled with the internet that the concept of being disconnected is almost unthinkable. However, increased connectivity means increased risk. All of this information is not only available for people to learn from and use positively, it has considerable potential to be used to harm. Terrorists have the ability to use these resources to their advantage in gaining strategic information about their targets and use it in an attack. However, these potential threats do not only come from outside forces. In the atte... ...nal Research Council. Washington, D.C.: National Academy Press, 1991. Cooper, Charles. Is Microsoft spying for the US government?. 4 October 2002. ZDNet Australia, accessed 10 June 2003. Critical Information Infrastructure Protection: The Threat Is Real. U.S. Government Printing Office: 1999, accessed 10 June 2003. HR 3162 RDS. 107th CONGRESS 1st Session. October 23, 2001, accessed 10 June 2003. Kalimtzis, Kostas. Aristotle on Political Enmity and Disease. Albany: State University of New York Press, 2000. Schneier, Bruce. Secrets and Lies: Digital Security in a Networked World. New York: John Wiley & Sons, Inc., 2000.

Problem Behavior Syndrome Essay

Problem Behavior Syndrome Sandra Schaumleffel Everest University The life course view is that criminality may be best understood as one of many social problems faced by at-risk youth, referred to as problem behavior syndrome (PBS). In this view, crime is one among a group of interrelated antisocial behaviors that cluster together and typically involve family dysfunction, sexual and physical abuse, substance abuse, smoking, precocious sexuality and early pregnancy, educational underachievement, suicide attempts, sensation seeking, and unemployment. People who suffer from one of these conditions typically exhibit many symptoms of the rest. All varieties of criminal behavior, including violence, theft, and drug offences, may be part of a generalized PBS, indicating that all forms of antisocial behavior have similar developmental patterns. (Siegel, p. 228) I knew a girl whom I was best friends with for almost 10 years. During year 6 of our friendship, I moved out of state. We still kept in contact. As the years went by, we slowly stopped talking. When I finally moved back to our hometown, I found out that this friend had turned to drugs, violence, and had a very long criminal record. I wanted nothing to do with that because I was trying to better myself. Unfortunately, she is still running down that wrong path, in and out of jail, on various different types of drugs, and even losing custody of her three children. This friend of mine possesses many of antisocial behaviors. Some would include substance abuse, early pregnancy, educational underachievement, and unemployment. I’m not sure how she got into drugs, but I have tried multiple times to get her into rehab. She objects. When it came time to graduate from high school, her wrong ways and drug abuse prevented her from doing so. With being unemployed, having no education, and always on some kind of drug, I see this friend having problem behavior syndrome. References: Criminology: The Core, Fourth Edition (Larry J. Siegel)

BA (Hons) Accounting Essay

Abstract In â€Å"Cost Transparency in Supply Chains: Demystification of the Cooperation Tenet† article, the authors would like to deliver the message about studies on open-book accounting to rivet on mainly on the functions and difficulties, determinants and consequences, and of interorganizational cost management. To offer a new direction, authors seek to detect and systematize applications of open-book accounting. They follow a qualitative approach to analyze why and how open-book accounting is being used in practice. Data were obtained from 59 interviews conducted with purchasing experts and analyzed through content analysis. Authors find that being used for interorganizational cost management, open-book accounting is used in price management. This includes increasing negotiation pressure on a supplier. Based on this finding, we develop a framework to systematize different open-book accounting uses according to both underlying motives for cost transparency and purchasing strategies. The research finding the following to show that cost transparency can be used to achieve to support price management and that it does not necessarily require a trusting and cooperative customer supplier relationship. The background of cost transparency A qualitative research design supplemented by quantitative analysis. Set up a three-tiered design that allows us to evaluate all of the aspects indicated above. Using an online questionnaire that was designed to either affirm or contradict the results obtained from the interviews and to allow for certain quantitative analyses. From a total of 59 interviewees, and received 46 completed questionnaires. Take into account the reverse perspective. To support the results, especially for data manipulation, authors conducted 18 interviews with sales experts. Use the data retrieved from the three step to analysis and explanation on Open-book accounting uses and the article â€Å"Cost Transparency in Supply Chains: Demystification of the Cooperation Tenet† Introduction Cost transparency in the supply chain is the ability to discover how much a particular stock costs, treatment costs or service costs, preferably before receiving the stock, treatment or service. The cost of suppliers is mostly unknown to buyer. We have no way to price in an any services or the cost of a stock, nor do we find pricing published anywhere that helps us compare prices to make better consumer decisions. Cost transparency uses are difference methods in many difference area reform efforts to understand if supplier price increases are justified. We don’t want to pay too much, but you don’t want to knock him down either Literature Review In the world, India is the fourth largest economy and expected to become the fastest growing greater economic in the next few decades. To achieve its economic and development goals, the Indian government targeted the economic growth rates of about 8-10 percent a year for the next few decades. (Rastogi, 2011) The balanced scorecard is a strategic planning and management tool that helps an organization understand and work towards, and allows monitoring the indicators. A completed scorecard system aligns the organization’s picture, with business strategy and daily operation, the fulfillment of the strategy developed by the direction. Strategic performance measures are the better way to notify the decision-making and show progress toward the desired  results. The organization can focus on the most important areas that they are needed to achieve its vision, at the same time it helps an organization make effectiveness objective. (Sharma, 2009) At present, the balanced scorecard is used as strategic analysis system, which indispensable within the strategic management field for future organizations and the competitive business environment. Although balanced scorecard is widely used, but the model has some issues are unable to supply the quantitative indicators and measure the relative important weights for each perspective contribution. The problems associated with the operations using long term strategy has difficult to found by a good number of firms. Firms as well as knowledge of its picture in the future requires more information, compared to financial operational standards that evaluates the strategies and long term view of the firm as well as strategies in operational achievement. Balance scorecard has used for designing and determining strategic operation. The model of balanced scorecard provides the artifice for comparison to obtain many kind of perspective on the strategic decisions taking into consideration for the impact on customers, employee learning, finances and customers. (Sorooshian, 2014) Research Methodology The balance scorecard approach is to improve the firm performance. From previous research, Kaplan and Norton (1992) developed an innovative corporate performance scorecard that provides a framework for selecting multiple key performance indicators that supplement traditional financial measure short term operational controls to the long term strategy of the business. The research suggested mixed results, however, the results confined only to Europe and North America. (Kothari C.R., 2004) To provide evidences to support the balance scorecard is a widely accepted tool for management to achieve different kinds of balance between short and long run operational purposes, Anand et al. conducted a questionnaire on performance scorecard and sent out to chief financial officer (CFO) in India for response. The questionnaire sent to all 579 companies included multinational corporations from a major constituent of Indian corporate  sector, however, only 9% response rate from CFOs. Based on the responses, about half of the responses using balance scorecard. (Kothari C.R., 2004) Anand et al. used field research that they mail questionnaire to each company’s chief financial officer for response. They identified the social and economic background of respondents; however, there are limitations for the methodology. According to the response rate, the survey was likely that the firm does not respond on time and may have non-response bias, which occurs in statistical surveys if the answers of respondents differ from the potential answers of those who did not answer. For example, the chief financial officer with a high workload may not answer the survey because they do not have enough time to answer it, and/or those with a low workload may decline to respond for perceive them as unnecessary. If they found is not necessary or not favorable to the firm, they will definitely ignore the survey. Therefore, non-response bias may make the measured value for the different effects of the above biases happen to offset each other. . (Kothari C.R., 2004) Data Collection The balance scorecard approach is an attempt to arrive different kinds of balance between short run and long run, different perspectives of the of the scorecard, between measuring change and the present position, and between market image and internal focus. It is useful for both strategic and operational purposes. To implement it successfully, it must enjoy widespread support from the company. The questionnaire sent to all 579 companies included multinational corporations from a major constituent of Indian corporate sector, however, only 9% response rate from Chief financial officers. It does not directly reflect those companies actual status. Chief financial officers are the most understanding to the financial situation of a company. If the questionnaire replies from an assistant, clerk or other non-important staff, it would be no more truthfulness. The data impact this research authenticity. It would be more truthful if the questionnaire replies form an important person of company. Table 7 on the research show that only 54.2 per cent of the respondents agree the initial choice of key performance indicators at the design stage of the balance scorecard has been substantially validated. Almost a half of the respondents just validates partly or validates to a limited extent. The validated of the research design stage was too low. Actually, in design stage can be change the visitor more validate to balance scorecard. It can let the research more to fit in with the purpose. Table 1 on the research show that the visitor is major in 3 types of industry(15.09 per cent on other, 13.21 per cent on consumer durable, personal care and food product, and 11.32 per cent on engineering and capital goods). The distributed of industry was not average to Indian companies. It cannot impact the situation of balance scorecard in Indian companies. Conclusion The balanced scorecard is a set of measuring and managing the performance tool. It is focus on the processes and achieving the result. The purpose of the balanced scorecard is to manage and ensure the organizations strategy will be fulfill and achieve the objective. Based on the above article, we have some of the strength, weakness and limitation of using balanced scorecard in the organization. Benefits include align the action to strategy effectively. Balanced scorecard is a powerful system through strategy map, less strategy will align with the financial perspective. By using the balanced scorecard which helps the organization achieves the target and improves the level of management. Also, balanced scorecard maybe causes business unit gain the competitive advantages leading to the benefit to the financial performance. Balanced scorecard has unable to supply the quantitative indicators and measure the relative important weights for each perspective contribution. But the method of quantitative may produce too much performance measures. It is quite difficulties in generating non-financial indicators, but the financial indicators not a certain problem. Sometimes, less highlight on  human resource maybe the greatest weakness of balanced scorecard. There have competitive factors with innovation and knowledge which is the big challenge in current organization. When the organization’s key drivers change, the balanced scorecard must be update such changed. At the same time, resources and organizational capabilities should act as limitation for small organization. Compare with specific industry, there have some limitation or maybe use the balanced scorecard frequently. Any changes in environment, customers and competitors to be more highlight the effect of using the adequate balanced scorecard. If you want to accomplish more easily, should be coordinate with four perspectives, customer, financial, internal business and learning and growth. Nowadays, balanced scorecard is commonly used in the organization. Adopt a good balanced scorecard should be state your strategies with the objective and measure which you have choose. In the organization, everyone must understand each specific strategy, help organizations to acquire full successes. The most important point is the business must maintain updated balanced scorecard and aligned with needs of today. Bibliography: 1. Rastogi, N. P. (2011) Winds of Change: India’s Emerging Climate Strategy, The International Spectator, Vol. 46, No. 2, June 2011, pp. 127–141 2. Sharma, A. (2009) Implementing Balance Scorecard for Performance Measurement, The Icfai University 10 Journal of Business Strategy, Vol. VI, No. 1, p. 11 3. Sorooshian, S (2014) Study on Unbalanceness of the Balanced Scorecard, Faculty of Industrial Management, University Malaysia Pahang, Malaysia, Applied Mathematical Sciences, Vol. 8, 2014, no. 84, 4163 – 4169

Free Essays on Incubation Of Education

Jeffrey Hart said it best when he said that students should take â€Å"ordinary† courses. It has been my experience in both high school and in the beginnings of my college career that students take superfluous courses and classes with useless knowledge. I acknowledge the need for people to have well rounded educations but at what cost? In the assigned readings in â€Å"The Presence of Others† the pages that I found to be closest to me personal beliefs on education were of Jeffrey Harts (pgs 126-131). The readings said that the majority of college freshman are by nature uneducated in the basics of history and philosophy. Professor Hart quizzed them orally on very basic histories; James Madison, Magna Carta, and the Spanish Armada. Complete silence filled the room as the students realized their blatant naà ¯vetà ©. I find this to be true (saying for a moment that I am â€Å"educated†) in many of my past and current classes. In high school one of my favorite classes was a simple Area Studies class where we discussed and debated European history and culture. The topics brought up in class baffled most. â€Å"What’s a halberd Mr. Sato?† Questions such as these threw the class into lengthy explanations into the military aspects of the middle-ages. Learning thrives when students get involved, when they actively participate in lecture and debates. In classes I never want silence when a teacher calls for opinion. I will bring up a point even if it is not what I believe, so playing devil’s advocate I bring the class further into true knowledge. People learn different ways; either with hands-on activities or by listening to a lecture, personally I want both. In most of my classes this year they of course are low level courses taught by a bored teacher teaching toward two hundred people. Lectures taught by power point presentations, a micro-phoned voice blaring over internal thoughts. This scenario is in no way shape or form my id... Free Essays on Incubation Of Education Free Essays on Incubation Of Education Jeffrey Hart said it best when he said that students should take â€Å"ordinary† courses. It has been my experience in both high school and in the beginnings of my college career that students take superfluous courses and classes with useless knowledge. I acknowledge the need for people to have well rounded educations but at what cost? In the assigned readings in â€Å"The Presence of Others† the pages that I found to be closest to me personal beliefs on education were of Jeffrey Harts (pgs 126-131). The readings said that the majority of college freshman are by nature uneducated in the basics of history and philosophy. Professor Hart quizzed them orally on very basic histories; James Madison, Magna Carta, and the Spanish Armada. Complete silence filled the room as the students realized their blatant naà ¯vetà ©. I find this to be true (saying for a moment that I am â€Å"educated†) in many of my past and current classes. In high school one of my favorite classes was a simple Area Studies class where we discussed and debated European history and culture. The topics brought up in class baffled most. â€Å"What’s a halberd Mr. Sato?† Questions such as these threw the class into lengthy explanations into the military aspects of the middle-ages. Learning thrives when students get involved, when they actively participate in lecture and debates. In classes I never want silence when a teacher calls for opinion. I will bring up a point even if it is not what I believe, so playing devil’s advocate I bring the class further into true knowledge. People learn different ways; either with hands-on activities or by listening to a lecture, personally I want both. In most of my classes this year they of course are low level courses taught by a bored teacher teaching toward two hundred people. Lectures taught by power point presentations, a micro-phoned voice blaring over internal thoughts. This scenario is in no way shape or form my id...

Explain the different rules and approaches taken by judges when Essay

Explain the different rules and approaches taken by judges when interpreting an Act of Parliament, giving examples from case law, and critically analyse their advantages and disadvantages - Essay Example These rules were developed many years ago in the English law and have been used through the doctrines of stare decisis and judicial precedent. Historically, there are various reasons why there may be need for interpreting statutes. One reason is that people making and drafting the laws may, sometimes fail to give meaning to certain words that they are necessarily implied. In other cases, the rules may be described by broad terms and judges have the discretion of give meanings depending on the prevailing situations. In other instances, certain words may be ambiguous. On the same note, development of situations and prevailing circumstances are often unforeseeable hence need for interpretation of the situations. Lastly, certain errors may occur during drafting and inadequate wordings which may call for interpretation by the judges (TOLLEY 2009). This rule received its foundation in the 16th century in the Heydon’s case( 1584). The judge relayed several rules that should be used for mischief rule to be effective. The courts consider the common law before the enactment of the legislation. Secondly, the courts normally consider the defect that the inception of the law was supposed to tackle. Thirdly, the courts consider the remedy that parliament had in mind while making the law. Fourthly, the judges have a duty to ensure that they recognise the significance of the remedy and make any necessary rulings that would counter the mischief that the law sought to rectify (SPICER et al 2006). During the formulation of the mischief rule, most of the laws that the court relied on were common law developed through precedent, and not parliament legislations. In that regard the use of the concept was still new and has changed over time. In Smith v Hughes of (1960), the court deliberated on this issue. In this case, contrary to the provisions of the law that prohibited soliciting for prostitution within premises and streets, the

Enron subverted within the structure of the rational business Essay

Enron subverted within the structure of the rational business organisation - Essay Example The book by Bethany McLean and Peter Elkin (2005), talks of the way 'the hypothetical future value' of their investments were booked and profits shown for the shareholders to consume. Enron started with Oil pipelines and made it to the broadband and to a host of other services including electric distribution and power supply. While the core competency of the company lies in pipelines, they went into energy trading and broadband systems. They did not work out and build over their core competencies which are advocated by most of the management theorists (C K Prahlad & Gary Hamel, 1990). Enron was bankrupt on January 25th, 2002. Though there were number of fraudulent practices that the company and its executives practiced, it is also true that the society had a leading role to play in the making of the company and its debacle. Supporting an untrue situation arises when the people involved are greedy and tempt a crowd to be greedy as well. Enron became ambitious with the change in leadership and when the mantle was taken over by Jeff Skilling. Enron was ambitious even prior to that under the stewardship of Ken Lay. The growth was steady and the finances proved strong. But with Skilling taking over the leadership of the company, there was a subtle but a sure change in the approach of the management towards making money. ... It was just that Enron did not have time to reorient itself and plan for a classic change and none of the theories of change management seem to have been adopted (Kotter & Schlesinger, 1979). The company's executives were paid using the company shares which were traded freely in the market. The company maintained a high price for their shares and this resulted in their own staff having a larger value added to the share prices of the company. The company started benefiting by insider trading and ensuring that the company continued to have a high share price and the rate of growth of the company was well over 30 to 50% every year. This was too good to believe but then the share holders and the company employees too continued to believe in this performance. The company hid a number of facts about the debt status of the company and failed to show the right numbers on their reports. Hidden in numerous shell companies across the world were all these losses that was used by the senior execu tives of the company to hide and mislead the public and the share holders by giving them wrong information during critical times (Bethany McLean & Peter Elkin, 2005). This has also resulted in a gross violation of law by the company and its board. These hidden facts were so high that the company could not rectify these problems and come out of it unscathed. This in itself led the company to file for its bankruptcy. The senior executives were held for taking the country and its people for a ride and having misled them. The employees of the company and the share holders of the company felt cheated at the end of the game. This debacle led not only the company to bankruptcy but also took most of the senior people into the jail. Organisation Culture Organisation culture of any organisation