Legt free essay sample

On completion of this week in you should be able to: Explain what is ‘unconscionable conduct’ within the meaning of the ACL Explain what is meant by ‘misleading or deceptive conduct’ in s 18, ACL and identify different types of conduct that might be misleading or deceptive Identify the different types of false representations set out in s 29, ACL Identify defences available for breaches of the consumer protection provisions Suggest possible remedies for breaches of the consumer protection provisions Explain what the law says about ‘no refund’ signs Sale of Goods/Product Liability Please note – in this unit we are NOT DEALING with: †¢ Sale of Goods †¢ Product Liability Therefore the following paragraphs in Latimer are NOT RELEVANT:  ¶7-011 to  ¶7-215 3 4 Competition and Consumer Act 2010 (Cth) †¢ As discussed last week, the Competition and Consumer Act (‘CCA’) is a federal/Commonwealth statute that: Regulates ‘RESTRICTIVE TRADE’ practices to produce greater competition and efficiency in the market for the benefit of consumers; and Protects the interests of consumers of goods, services and land against ‘UNFAIR PRACTICES’ †¢ Prior to 1 January 2011, the CCA was known as the Trade Practices Act 1974 (Cth) Australian Consumer Law (ACL) †¢ Consumer law and ‘unfair practices’ dealt with by the Australian Consumer Law †¢ Australia Consumer Law (ACL) is Schedule 2 of the Competition and Consumer Act 2010 (Cth) †¢ In this course we will focus on the following types of conduct: ss 20-22: unconscionable conduct s 18: misleading or deceptive conduct s 29: false representations 5 The Regulator Australian Competition and Consumer Commission (ACCC) †¢ Regulator responsible for administering the CCA †¢ Primary responsibility: to ensure individuals and businesses comply with Commonwealth consumer protection, fair trading and competition/trade practices laws †¢ Until 1995, was the Trade Practices Commission (TPC) †¢ Also see http://www. We will write a custom essay sample on Legt or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page accc. gov. au Australian Consumer Law (ACL) Who is a â€Å"consumer†? See Latimer at  ¶7-012 †¢ Supply of goods or services †¢ Cost less than $40K: s3(1)(a) †¢ Cost more than $40K and are â€Å"of a kind ordinarily acquired for personal, domestic or household use or consumption: s3(1)(b) 8 Australian Consumer Law (ACL) Note: The ACL implies non-excludable consumer guarantees for the supply of goods and services to â€Å"consumers†: to be discussed later Australian Consumer Law (ACL) Who is a â€Å"consumer†? See Latimer at  ¶7-012 †¢ Purchase of goods by a business will be a consumer contract if: goods are personal, domestic or household goods AND not used up in business (eg for re-supply or in the process of manufacture etc) Australian Consumer Law (ACL) †¢ Who is a â€Å"consumer†? See Latimer at  ¶7-012 †¢ Section 3 asks: whether goods are acquired to be used or consumed (a consumer transaction) OR whether goods are to be used up in a business (a non-consumer transaction) Unconscionable conduct †¢ The unconscionability provisions provide consumers (and small business) with protection from unconscionable (unfair) conduct 12 Unconscionable conduct †¢ Where one party to a transaction is at a disadvantage, because of: age sickness illiteracy financial needs lack of explanation when required language (i. e. on-English speaking) and the other party takes advantage of this for gain Unconscionable conduct Amadio’s case: The plaintiff has to establish: †¢ They were in a position of ‘special disadvantage’ †¢ That substantially affected their ability to protect themselves †¢ The defendant knew, or ought to have known, of the plaintiff’s disability and not taken advantage of it AND †¢ Actions of defendant wer e unconscionable 13 Unconscionable conduct †¢ Section 20 (ACL): defines unconscionability in general terms â€Å"A person must not, in trade or commerce, engage in conduct that is unconscionable†¦. Applies the common law principles from Commercial Bank of Australia Ltd v Amadio to business disputes Unconscionable conduct †¢ Section 22 Relative bargaining positions of the parties Did the consumer have to comply with conditions that were not reasonably necessary? Did the consumer understand the documentation? Was there any undue influence, pressure or unfair tactics? Could the consumer have obtained the same goods or services elsewhere †¢ Section 21: prohibits statutory unconscionability in connection with the supply or acquisition of goods or services †¢ Section 22: statutory checklist (see next slide) 15 See Latimer at  ¶5-756) 16 Misleading or deceptive conduct †¢ Section 18 (ACL): ‘A person shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive’ Misleading or deceptive conduct †¢ Section 18 (formerly, s 52): most sued on piece of legislation in Australia †¢ Not restricted in its usage to consumers and can be equally enforced by competitors or suppliers against other competitors or suppliers Section 18 was formerly s 52 of the Trade Practices Act 1974 (Cth) 17 18 Misleading or deceptive conduct and the Financial Services Industry †¢ Misleading or deceptive conduct, misrepresentation and unconscionable conduct in relation to financial services are caught by the Australian Securities and Investments Commission Act 2001 and looked after by the Australian Securities and Investments Commission (ASIC) See Latimer at  ¶7-240 Misleading or deceptive conduct prohibited Section 18 is made up of the following elements: Conduct by a person In the activity of supplying goods or services in trade or commerce; and Who has engaged in misleading or deceptive conduct or conduct that is likely to mislead or deceive 19 20 What is misleading or deceptive? †¢ Conduct is misleading if it will: lead a consumer astray in action or conduct or lead a consumer into making an error Conduct is deceptive if it leads people to believe what is false, if it misleads as to a matter of fact: Weitmann v Katies Ltd, see Latimer at  ¶7-250 The test = question of fact to be determined in context of evidence/facts of each case 21 What is misleading or deceptive? †¢ Courts have formulated the test that a statement is misleading if: it would lead one ordinary member of the public, who is likely to read the statement or be influenced by it into error Case: Taco Company of Australia Inc v Taco Bell Pty Ltd See Latimer at  ¶7-250 †¢ †¢ 22 Relevant section of the public †¢ Who is likely to be misled or deceived by the conduct in question? †¢ Need to identify the class of persons who are prospective purchasers and who are likely to be affected by the conduct †¢ Ask: At whom was the conduct directed? Would those persons have been likely to be led into error by the conduct? Case: Taco Company of Australia Inc v Taco Bell Pty Ltd See Latimer at  ¶7-250 23 Relevant section of the public †¢ Once relevant section of public identified, consider all who come within it †¢ .. the astute and the gullible, the intelligent and the not so intelligent, the well-educated as well as the poorly educated, men and women of various ages pursuing a variety of vocations†¦. Case: Taco Company of Australia Inc v Taco Bell Pty Ltd See Latimer at  ¶7-250 4 What is misleading or deceptive? Whether conduct is misleading or deceptive is determined by the court using an objective test of: ‘†¦whether a reasonable person would be misled or deceived. ’ Standard for assessing conduct The standard should be set by reference to that section of the public who is exposed or potentially exposed to the relevant conduct 25 26 Likely to mislead or deceive †¢ Not necessary to pro ve that anyone was actually misled †¢ Need real possibility or not remote chance that someone might be misled Misleading/deceptive conduct What is ‘conduct’? †¢ Conduct has a broad meaning and includes: Statements of Opinion Broken promises and false predictions Statements that are literally true but which create a false impression Pre-contractual statements Silence BUT: puffery or self-evident exaggeration that are promotional statements in advertising and that cannot be taken literally (eg the juiciest oranges in Qld), will not be taken to infringe s 18 27 28 Silence Silence may be misleading or deceptive: TPC v The Colonial Mutual Life Assurance Society Ltd Silence †¢ Failure to communicate a relevant fact may cause the true representation of another fact to be misleading Abigroup v Peninsula †¢ No general duty of disclosure BUT conduct may be misleading or deceptive if facts give rise to a REASONABLE EXPECTATION OF DISCLOSURE See Latimer at  ¶7-250 †¢ Traditional secretiveness of a bargaining process is NOT a licence to deceive Poseidon Ltd v Adelaide P etroleum NL See Latimer at  ¶7-250 29 Misleading/deceptive conduct What is misleading or deceptive? †¢ Mere confusion or causing uncertainty will not amount to conduct that is misleading or deceptive. †¢ McWilliam’s Wines Pty Ltd v McDonald’s System of Australia Pty Ltd †¢ Parkdale Custom Built Furniture Pty Ltd v Puxu See Latimer at  ¶7-250 How to avoid acting in breach of s 18 †¢ Comparisons must be ACCURATE †¢ Compare like with like 31 32 Misleading/deceptive conduct Roadmap of s 18 †¢ See Latimer at  ¶7-251 False Representations False Representations: s 29 (ACL) Breach of section 29 will result in either: prosecution by the ACCC for a criminal offence OR the injured party being provided with civil remedies (eg damages). The section prohibits the making of false representations in connection with the promotion and supply of goods and services in 14 subsections†¦. See Latimer at  ¶7-290 to  ¶7-375 33 34 False Representations s 29(1)( a): No false representation about the standard, degree of quality, value, grade, composition, style, model, history or previous use of goods †¢ s 29(1)(b) no false representations regarding services †¢ s 29(1)(c): no false representations that goods are new †¢ s 29(1)(d): no false representations that goods or services have been ordered †¢ s 29(1)(e)/(f): no false representations regarding testimonials relating to goods or services †¢ s 29(1)(g): no false representations about performance characteristics, accessories, uses or benefits of goods or services †¢ s 29(1)(h): no false representations regarding sponsorship, approval or affiliation 35 False Representations †¢ s 29(1)(i): no false representations about the price of goods or services †¢ s 29(1)(j): no false representations about repair facilities or spare parts †¢ s 29(1)(k): no false representations about place of origin †¢ s 29(1)(l): no false representations about the need for any goods or services †¢ s 29(1)(m): no false representations about the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy †¢ S 29(1)(n): no false representations concerning a requirement to pay for a contractual right 36 Other unfair practices Bait advertising – s 35, ACL: A person is prohibited from advertising of goods or services at a special price where it does not intend to offer those goods or services for a reasonable period and in a reasonable amount See Latimer at  ¶7-420 No wrongly accepting payment – s 36, ACL: Knowing you will not or cannot supply the promised goods/services See Latimer at  ¶7-440 No misleading representations about certain business activities – s 37, ACL: A business must not make false or misleading representations about business opportunities See Latimer at  ¶7-450 37 Other unfair practices Referral selling – s 49, ACL: A person shall not induce a consumer to acquire goods or services by representing that the consumer will benefit after the contract is made by providing names of prospective customers See Latimer at  ¶7-480 No harassment and coercion – s 50, ACL: No use of pressure tactics or physical force/undue harassment or coercion See Latimer at  ¶7-485 38 Other unfair practices Pyramid Selling – s 44 to 46, ACL: A trading scheme in which a promoter offers to sell to a participant both the right to sell a particular product or service and the right to introduce others into the scheme in the same way Both the promoter and participants trying to recruit others in the scheme are caught under this section See Latimer at  ¶7-470 Other unfair practices Unsolicited Credit Cards – s 39, ACL: Prohibits the sending of unsolicited credit or debit cards to a person unless they were requested See Latimer at  ¶7-460 Unsolicited goods or services – ss 43, ACL: Prohibits a business pushing a right to payment for unsolicited goods or services See Latimer at  ¶7-460 39 40 Defences Defences for breach include: reasonable mistake of fact breach caused by a third party or due to some cause beyond the control of the defendant defendant took reasonable precautions and exercised due diligence to avoid contravention publisher’s defence: reliance on information supplied by another person, information/advertisement received in the ordinary course of business and publisher had no reason to suspect that publication would breach the ACL See Latimer at  ¶7-530 41 Enforcement and Remedies The ACL provides that certain breaches of the law are sufficiently serious such that they may be treated as criminal offences, to which criminal sanctions apply See Latimer at  ¶7-510 to  ¶7-540, see especially Table 1 at  ¶7-510 Misleading/deceptive conduct: Remedies Breach of s 18 is not an offence resulting in a criminal penalty: see Latimer, Table 1 at  ¶7-510 †¢ Remedies for breach of s 18 include: injunction damages but the misleading or deceptive conduct must have caused the loss or damage suffered †¢ Enforcement and Remedies Penalties (except for s18): $1 100 000 per offence in case of a corporation $220 000 per offence in case of a natural person Undertakings Substantiation notices Public warning notices Infringement not ices Injunctions Damages Other orders: Varying or refusing to enforce a contract Refund money or return property Specific performance Community service Corrective advertising Compliance programs †¢ †¢ †¢ †¢ †¢ †¢ †¢ See Latimer at  ¶7-520 43 44 No refund signs †¢ No need to display signs about refunds †¢ BUT if sign is displayed, need to be sure that it does not mislead consumers about their rights under the ACL For example, cannot claim ‘No refunds’, ‘No refunds after 7 days’, Exchange or repair only, or We do not refund’ Signs like these are likely to create the impression that consumers have no right to a refund at all See Latimer at  ¶7-370 No refund signs †¢ Consumers are legally entitled to a refund if the implied guarantees have not been met †¢ See www. accc. gov. au: brochure on Warranty and Refund Obligations 45 Consumer Guarantees when goods are supplied The ACL implies into consumer contracts certain non-excludable conditions and warranties (by retailers/suppliers and manufacturers to consumers): Regarding title and right to dispose of the goods: s 51, ACL Undisturbed possession: s 52, ACL Freedom from undisclosed securities: s 53, ACL Goods are of acceptable quality: s 54, ACL Goods are fit for purpose: s 55, ACL Goods match their description: s 56, ACL Goods match the sample (or the demonstration model): s 57, ACL Repairs and spare parts will be available: s 58, ACL Next lecture †¢ Final lecture: week 12 †¢ Tutorials will continue until week 13 (Note the above are mirrored in State Sale of Goods legislation, NOT studied in this course) See Latimer at  ¶7-035 to  ¶7-100 47 48

Free Essays on Female Serial Killers

FEMALE SERIAL KILLERS The female serial killer often remains unobserved, hidden in the background and obscured by her male counterpart. Her actions are rare and uncommon, but never fail. She acts in a more subtle and precise way and she is lethal and merciless. The majority of her heinous crimes have not been apprehended. The concept of the female serial killer herself still lies within the sphere of ambiguity. It is time, however, to apprehend this quiet serial killer and bring her crimes to the forefront of our attention. Before entering any detailed discussion of the female serial killer, it is essential to identify what distinguishes a serial murderer from any other murderer. A murderer is usually defined as serial based upon two factors: one, the number of murders that take place; and two, the time framework within which the perpetrator operates and hence the period that elapses between each killing. The number of murders committed may range between the minimum of two to as many as four and more. Although the time period within which the killer is acting may be the subject of controversy, criminologists and researchers usually agree on an interval of thirty days as adequate to define a number of murders as being serial in nature and hence the perpetrator as a serial killer. Thus, according to Kelleher, one common definition of serial murderer is the person that engages in â€Å"the act of murdering three or more individuals in a period of thirty days or more† (Kelleher, 4). Although this definition is sufficient in identifying the serial murderer, it does not distinguish between male and female perpetrators. There is however, a fine line separating the serial killers of opposite sexes. For instance, the average period of active killing for the females is eight years whereas for the males it is only four. Female serial killers rarely torture their victims or commit any atrocities on their victims’ bodies. They prefer more sub... Free Essays on Female Serial Killers Free Essays on Female Serial Killers FEMALE SERIAL KILLERS The female serial killer often remains unobserved, hidden in the background and obscured by her male counterpart. Her actions are rare and uncommon, but never fail. She acts in a more subtle and precise way and she is lethal and merciless. The majority of her heinous crimes have not been apprehended. The concept of the female serial killer herself still lies within the sphere of ambiguity. It is time, however, to apprehend this quiet serial killer and bring her crimes to the forefront of our attention. Before entering any detailed discussion of the female serial killer, it is essential to identify what distinguishes a serial murderer from any other murderer. A murderer is usually defined as serial based upon two factors: one, the number of murders that take place; and two, the time framework within which the perpetrator operates and hence the period that elapses between each killing. The number of murders committed may range between the minimum of two to as many as four and more. Although the time period within which the killer is acting may be the subject of controversy, criminologists and researchers usually agree on an interval of thirty days as adequate to define a number of murders as being serial in nature and hence the perpetrator as a serial killer. Thus, according to Kelleher, one common definition of serial murderer is the person that engages in â€Å"the act of murdering three or more individuals in a period of thirty days or more† (Kelleher, 4). Although this definition is sufficient in identifying the serial murderer, it does not distinguish between male and female perpetrators. There is however, a fine line separating the serial killers of opposite sexes. For instance, the average period of active killing for the females is eight years whereas for the males it is only four. Female serial killers rarely torture their victims or commit any atrocities on their victims’ bodies. They prefer more sub...

Bi-Lingual Education

Bi-Lingual Education Essay Bilingual EducationEducation is very important. There use to be a time when you didn’t have to go to school. When it was only important for men to have an education. Times have really changed. Now it is crucial for everyone in our society to have an education. Survival is the main reason: a cohesive society is another. Our schools today need to keep Bilingual education as a tool for teaching: not only for the sake of our society but also for the sense of our culture. Bilingual education in our schools is crucial: but still there is talk about banning the use of foreign language in the instruction of our young children. We have to work to change that kind of attitude. We have to proceed from the assumption that bilingual education is a sound educational proposition for all children and that it addresses the needs of all the constituencies of education. Now more than ever the words of Thomas Jefferson ring with special meaning: in 1977, in a letter to his nephew, Jefferson said: â€Å"Bestow great attention on Spanish and endeavor to acquire an accurate knowledge of it. Our future connections with Spain and Spanish America will render that language a valuable acquisition. The ancient history of that part of America, too, is written in that language†. (qt. in A Relook ’66). Hispanic leaders should plan an initiative to help Hispanic youths do better in school. Its a coming-together as a community to deal with a very pressing issue. The organizations should be composed of public officials, students, educators, administrators, and business people and should try to determine the biggest problems facing Latino students in their community. These groups need to work together to develop a statewide agenda. Hispanic students, according to some studies, lag behind other students in classroom performance; have the highest dropout rate of any ethnic group in the country; and, according to federal data, are less likely to pursue higher learning(Tucson â⠂¬â„¢66). We as a society, need to have a school system that prepares our students for higher education if that is their choice. Society needs to work together to change the educational process for Latino students. Consider these numbers, which we drew from As A Relook at Tucson ’66 states† Minority groups are being shortchanged by more than 200,000 teaching jobs in the public elementary and secondary schools of the nation. In 1972, the enrollment of the nation’s public schools was 44.6 million. As a relook at Tucson ’66 states, the number of English speakers in the Western Hemisphere is only slightly larger than that of Spanish speakers. By the year 2000 the number of Spanish speakers will be far greater than the number of english speakers. Statistics indicate that the United States is now one of the major Spanish-American countries. One statistical example: If the figures on illegal Mexican aliens are correct, that means that every year the United States adds another city the size of Albuquerque and Tucson combined. Or, put it another way, it adds another state larger in population than Wyoming and Alaska combined†(a relook at Tucson 14). The policy of most governments toward bilingualism in the home is and long has been one of neglect. A few countries actively encourage it, especially if the second (non-community) language is the more important language in the country or in the world, or if the minority (community) language is the language of a group given special consideration under the law. Many countries, which have recently been colonies, for example, encourage their young people to learn the language of their former Mother Country, because bilingualism of this type is important in international trade and politics. However, we could find castles full of research and still very little is being done in public schools to improve and enforce bilingual education. We have to use the research being conducted about bilingual edu cation and improve bilingual education. Some public schools want to stop bilingual education, saying that its detrimental to students but they dont put any consideration in improving it, or educating themselves on the needs of not just Latino but all children. All bilingual children deserve further discussion on the issues of culture, immigration, ethnicity and adjustment. READ: Free Grapes of Wraths: Steinbeck's Language Essay Truly bilingual workers, proficient in English and a second language, will be more valuable and marketable as global trade continues to grow. With these facts in mind, some states are launching a visionary effort to develop a dual-language work force. The idea is to convince local school districts to offer a second language beginning at the prekindergarten level and encourage employers to help adults learn another language. Spanish is an obvious second-language choice for many because of the rapid growth of Hispanics in our country. The relationship with Mexico and Latin America will grow stronger if businesses take advantage of their position and opportunity. More than 22,500,000 of our countries population already speaks Spanish http://www.docuweb.ca/SiSpain/english/language/worldwid.html). However, officials cite a growing demand for more Spanish-speaking professionals. The future work force would be better positioned to build international connections if most professionals had a second language. Students would gain a better understanding of the world by learning another language. Pursuing a dual-language work force is a sound idea that will boost the countries’ economy and personally benefit its individuals. We as a society should encourage local school districts, businesses and civic-minded groups to embrace the effort. We must try to build a society were human diversity is promoted and not destroyed. The key to program improvement is not in finding a program that works for all children and all localities, or finding a program component (such as native language instruction) that works as some sort of magic bullet, but rather finding a set of program components that works for the children in the community of interest, given the goals, and resources of that community. The best bilingual education programs include all of these characteristics: ESL instruction, sheltered subject matter teaching, and instruction in the first language. Non-English-speakin g children initially receive core instruction in the primary language along with ESL instruction. As children grow more proficient in English, they learn subjects using more contextualized language (math and science) in sheltered classes taught in English, and eventually in mainstream classes. In this way, the sheltered classes function as a bridge between instruction in the first language and in the mainstream. In advanced levels, the only subjects done in the first language are those demanding the most abstract use of language (social studies and language arts). Once full mainstreaming is complete, advanced first language development is available as an option. Gradual exit plans, such as these, avoid problems associated with exiting children too early (before the English they encounter is comprehensible) and provide instruction in the first language where it is most needed. These plans also allow children to have the advantages of advanced first language development. A common argu ment against bilingual education is the observation that many people have succeeded without it. This has certainly happened. In these cases, however, the successful person got plenty of comprehensible input in the second language, and in many cases had a de facto bilingual education program. For example, Rodriguez (1982) and de la Pe?a (1991) are often cited as counter-evidence to bilingual education. Rodriguez (1982) tells us that he succeeded in school without a special program and acquired a very high level of English literacy. He had two crucial advantages, however, that most limited- English-proficient (LEP) children do not have. First, he grew up in an English-speaking neighborhood in Sacramento, California, and thus got a great deal of informal comprehensible input from classmates. Many LEP children today encounter English only at school; they live in neighborhoods where Spanish prevails. In addition, Rodriguez became a voracious reader, which helped him acquire academic lang uage. Most LEP children have little access to books. READ: Customer Service In Abc Stores EssayRandom assignment to treatment and control groups, as in medical experiments, is the highest quality research design because it increases the confidence in the conclusion that any differences between the groups after a period of treatment can be attributed to that treatment. The results from the five studies in which subjects were randomly assigned to bilingual and control programs favor bilingual education even more strongly. The estimated benefit of bilingual programs on all test scores in English according to these studies with random assignment is .26 of a standard deviation. The positive effect on reading scores is .41 of a standard deviation among the studies with random assignment. And the improvement in scores measured in Spanish is .92 of a standard deviation in the studies with random assignment to treatment and control groups. All of these estimated benefits of bilingual education from studies with random assignment are extremel y unlikely to have been produced by chance. The fact that the studies of bilingual programs with random assignment, the highest quality research design, have even stronger results greatly increases the confidence in the conclusion that bilingual education positively affects educational attainment. In sum, the NRC report finds that on average, bilingual education programs are more effective than English-only programs. However, there are many other important factors that influence student outcomes. There is much more work left to do by the schools if we are to enable LEP students to achieve at high academic levels. Improvement would have to focus on teachers, teaching, academic content and standards, accountability, school-wide leadership, program integration, parent involvement-and effective use of the native language to assure high level and meaningful learning for all students from the time they enter school. Proposition 227 removes an important tool use of the native language fr om the hands of educators it would only serve to make even more difficult the challenges of school improvement. A society with no education cannot compete in the modern world. We as a society need to fight to keep Bilingual education as a teaching tool in the schooling system. Social Issues

U.S. criminal justice Essay Example | Topics and Well Written Essays - 1750 words

U.S. criminal justice - Essay Example The objectives of the criminal justice system ensure safety of the society through justice for individual, personal liberty and the right to due process.All these objectives make it absolutely certain that rule of law prevail and justice is served. The 17,500 law enforcement agencies of the country are trying very hard to achieve these objectives (Hudzik, J. 2010).The extent to which the United States criminal justice system has achieved these goals. It has been successful in securing the rights of the individuals. United States of America is considered a just society all over the world because of its justice system however there are many improvements that can be made to better beef up the process of criminal justice. But at the same it is important to understand what individuals demand from the criminal justice system and how these demands are fulfilled. Goals of individuals include social justice, equality before law, protection of society and freedom for fear. All these goals safe guard the interest of the individuals. The extent to which these goals are covered by U.S. criminal justice system is difficult to say because some of these goals are of conflicting nature but at the same time we cannot dismiss the criminal justice system of the country. United States criminal justice system is doing a very good job in allowing personal liberty and the right to due process. All these goals are being achieved and one can say this because all the procedures are followed and there are less loop holes in the system. The 4th, 5th, 6th and 8th amendments secure personal rights and liberties, and protect citizens from unreasonable searches (Howard, J. 2009). There are still roam for injustices but United States criminal justice system is going in the right direction in fulfilling its goal. Prejudice is an element that cannot be ignored and that restrains the objectivity of the criminal justice system. This has been seen in the case of minorities because minorities do not g et proportional representation in courts and that affects the criminal justice system (Santiago, C. 2011). This is another way in which the goal of individual justice is not fully achieved by the criminal justice system. The goal of human dignity is sometimes not fully achieved under the criminal justice system of the country. The reason being that maximum protection prison face mistreatment and also the criminals convicted of hideous crimes like child abuse or serial killing face treatment that is not fit for human (Sociology of Criminal Justice, 2010). Human dignity is important for even the cruelest of criminals but it is hard to attain this goal given that the emotions of guards and other prison officers also come into play. This is one grey area where attention is needed. There are both conflicts and similarities between the goals of the criminal justice system and the goals of the individual. The criminal justice system cares about individuals so that no one is wrongfully conv icted. This is especially important to ensure that everyone gets a fair chance to trail and all the rights of the individuals are safeguarded. Personal liberty is one of the goals of criminal justice system that conflicts with the goal of the individual for protection of society. Society may need protection more than ever in this age of terrorism. Getting warrants from the proper authorities might take long and that can allow the terrorists to come into action and as a result valuable lives are put to risk. The security risk in United States is so much that people protested on the trial of 9/11 attacks that were being held in Newburg (Livingston, B. 2010). This shows the conflict between goals of individual and goal of criminal justice. Justice for individual is another goal criminal justice system that clashes with the idea of social justice in some ways. When a murderer is

Philosophy of Professional Nursing Essay Example | Topics and Well Written Essays - 1250 words

Philosophy of Professional Nursing - Essay Example All these influences are reflected in the radical changes in nursing philosophy and culture of the nursing profession. In nursing profession, 'an individual' is interpreted in terms of his relation to family and community, and as a unique personality suffered from health-related problems. For a nurse, a patient is an individual who is ill or injured, and needs professional care and medical treatment. The individuals do not exist in a social vacuum but are partly determined by the culture which surrounds them. In nursing practice, the individual as a patient is a part of family and community. In general sense, every family has internalized values and traditions that influence ideas of health and illness (Blais et al 2006). Society both reflects change in families and that society effects change upon families over time in a feedback loop. Wherever families are struggling to maintain or restore equilibrium, to find ways of coping effectively with crisis or with long-term stress, nurses may find themselves in a supportive role. In this case, nurses should develop empathetic intuitive responses to differ ent situations, and provide skilled care to relief pain and sufferings of the patient and emotional stress of his family (Sines et al 2005). The role of the nurse within the healthcare delivery system is an important one, whether assessed in terms of in or out patient care, of hospital or community care settings. The importance of the professional nurse within the health care delivery system is acknowledged and supported throughout the world. Nursing is quite often regarded as a science itself and many who are already in the field of nursing seek further studies to improve their status. As such they are considered to be "nursing practitioners" which tread a fine line between nursing practice and general medicinal practice (Sines et al 2005). The creation of this type of profession is made possible through a number of factors such as changes in the education system, advancement in technology, employment requirements and many more. Health Care Environment Healthcare environment involves treatment facilities and supportive climate, basic care services and managed care. Modern healthcare environment offers patients more flexibility in selecting providers but typically include many of the utilization management methods. Within a health environment, nurses assist in establishing a valid diagnosis early in treatment, crystallize a focus for brief treatment, enhance quality by effectively matching patients to treatment approaches, and reduce the length of treatment by assessing openness and attitudes toward therapy (Baily et al 2006). Evaluation and testing also play a critical role in primary care settings, where the need to rule out health problems and consider their role in treatment compliance, is crucial to quality care and cost-effective utilization of services. Today's modern nurses are also held responsible for other achievements in the medical industry, from research to the design of more modern facilities that were never thought t o be possible. Following the Department of Health: "good healthcare environments are key drivers of patient experience.Good environments matter to patients, their visitors and to staff" (2007). Nurses are encouraged to develop a program of outcome evaluation within their own practice,

Milgram Obedience Review Essay Example for Free

Milgram Obedience Review Essay Obedience is as basic an element in the structure of social life as one can point to. Some system of authority is a requirement of all communal living, and it is only the person dwelling in isolation who is not forced to respond, with defiance or submission, to the commands of others. For many people, obedience is a deeply ingrained behavior tendency, indeed a potent impulse overriding training in ethics, sympathy, and moral conduct. The dilemma inherent in submission to authority is ancient, as old as the story of Abraham, and the question of whether one should obey when commands conflict with conscience has been argued by Plato, dramatized in Antigone, and treated to philosophic analysis in almost every historical epoch. Conservative philosophers argue that the very fabric of society is threatened by disobedience, while humanists stress the primacy of the individual conscience. The legal and philosophic aspects of obedience are of enormous import, but they say very little about how most people behave in concrete situations. I set up a simple experiment at Yale University to test how much pain an ordinary citizen would inflict on another person simply because he was ordered to by an experimental scientist. Stark authority was pitted against the subjects strongest moral imperatives against hurting others, and, with the subjects ears ringing with the screams of the victims, authority won more often than not. The extreme willingness of adults to go to almost any lengths on the command of an authority constitutes the chief finding of the study and the fact most urgently demanding explanation. This is from perils of obedience by Stanley milgram. I enjoyed this article.

Logical and Physical Network Design :: essays research papers

Hi everyone, my name is Randi Griffin. I live on St. Croix in the Virgin Islands. Now I know what you are thinking: I live in paradise, so my life must be cake. Well, it is not. I am a wife, mother, and business owner. I am also very involved with my church. It does not matter that I live here, life is still life, it’s just a lot warmer than it is in the states. My primary email address is bear@vipowernet.net; my secondary email address is rgrif@email.uophx.edu. My work and home phone are the same: (340) 772-6049. That is my fax number, also. My cell# is (340) 513-9534. I went to college for three years at Salem State College in Massachusetts. My major was Computer Science. It was a blast. My professors and fellow classmates were awesome. We had a lot of fun. It was a small school, and a small CS department consisting of 3 professors and about 20 students. Luckily, most of my classmates were in my math courses, too. They were tough. I learned how to program with ADA. It is a military computer program and very robust. Most people consider it outdated because it’s not as risky and powerful as C++, but when it comes to military programming, I think the language had better be idiot-proof. It was a great learning tool, although I here that SSC has now switched to Java for the primary learning language. What I learned in SSC was a lot of mathematics and logic and how mathematics and logic applies to computer software. I learned how to build applications, and how systems and the SDLC work. A lot of what I am learning at UOP is repetitive of what I learned at SSC. My family and I moved to the VI in the beginning of my senior year at SSC, and I didn’t return to higher learning for two years after we moved. I felt I was out of the loop, so I decided that it was best to repeat the classes I took at SSC to bring myself up to speed. I am glad I did, because this is when I learned Java, Microsoft Project, Access and SQL Server. I've touched a little bit on networking at SSC, but never in the detail that was involved in the last course I took. My work experience in the IT field is limited.

Beowulf as a hero in modern society Essay

In the historic epic Beowulf, its title character, Beowulf, is perceived as an unconventional as well as a traditional hero in current society. Beowulf, the son of Ecgtheow and Hygelac’s thane, is presented as a fearless warrior to the audience. This acknowledgment of Beowulf causes the readers to instantly recognize that Beowulf is a well-respected man. Beowulf’s magnitude is seen at the very beginning of the poem as the narrator states, â€Å"The man whose name was known for courage, the Geat Leader† (Heaney 25). Beowulf is announced to the Danish people with magnificence. Before proving Beowulf’s heroic qualities, the viewers are conscious of the fact that Beowulf is a great warrior and the son of a well admired man. It can be distinguished that from Beowulf’s opening statements he will become a hero. Bravery is a key characteristic that identifies a hero. Throughout the entire poem Beowulf appeared to possess infinite valor. He displayed courage in his swimming competition with Breca, and in his fights with Grendel, Grendel’s mother, and the dragon that fatally wounded him. In all of Beowulf’s struggles, he revels wisdom, strength, and motivation. In his clash against Grendel, Beowulf utilizes his sheer strength to kill Grendel. He used his mighty strength to rip off the monster’s arm from the shoulder. As stated by the narrator, â€Å"The monster’s whole body was in pain; a tremendous wound appeared on his shoulder†¦ Beowulf was granted the glory of winning†¦Ã¢â‚¬  (Heaney 55). The defeat of Grendel fulfills Beowulf’s heroic duty. This is also seen with Grendel’s mother. After Grendel’s death, Grendel’s mother desires to avenge her child. Beowulf fights her in water and still prevails. By keeping true to his word Beowulf is able to prove his worth. Near the end of poem, Beowulf faces his last episode. He takes on a dragon that is creating havoc upon the city. Before facing the dragon he knows that he might die and yet still fights with glory and all of his might. On page 171 Beowulf states, â€Å"This fight is not yours, nor is it up to any man except me†¦ I shall win the gold by my courage, or else mortal combat, doom of battle, will bear your lord away† (Heaney 171). Beowulf yet again completes his task as he kills the dragon, however, he immediately dies from his wounds. Beowulf, a true hero, confronts his death with bravery. It is Beowulf’s strength, determination, and courage that enable him to become a distinguishable hero in modern society. Although Beowulf is portrayed as a true Anglo-Saxon hero, he has qualities that would depict him not as one in current society. From Beowulf’s initial introduction he is seen as being conceited and aggressive. During the first feast, Beowulf tells of the story of his swimming race. Beowulf states, â€Å"I was the strongest swimmer of all†¦Time and again, foul things attacked me†¦but I lashed out, gave as good as I got with my sword†¦My sword had killed nine sea-monsters. Such night-dangers and hard ordeals I have never heard of nor of a man more desolate in surging waves.† (Heaney 37). This quote reveals the cockiness of Beowulf. He is very arrogant as he believes that he is the best and the bravest. Arrogance is not a characteristic of a hero. Another flaw is shown in Beowulf’s character as he fights Grendel and Grendel’s mother. Beowulf’s quarrel with Grendel exposes his true expression of violence. While Grendel and Beowulf are wrestling, Beowulf manages to get Grendel in such as position where he ripped off Grendel’s arm from the socket. This violent act can be seen as very brutal. The killing of Grendel in such a way would deny the right to name Beowulf as a hero in present society. In addition, the killing of Grendel’s mother has the same effect. While battling Grendel’s mother, Beowulf seeks assistance from an ancient blade. With this sword, he delivers a final blow to the neck of the monster. After determining that she is death, he still proceeds and decapitates her. He then returns with the head and displays it in Heorot. The decapitation of Grendel’s mother illustrates Beowulf as disrespectful and in violation of the heroic code, which doesn’t identify him as a hero. In the eyes of contemporary society Beowulf can be recognize as a paradoxical character as he is embodied by both heroic and callous qualities.

Economic Development

The accelerated economic growth has compelled the employers and firms to hire a set of highly skilled and well educated workforce to keep up the pace with the dynamic developments. Employees worldwide have several reasons for their inability to take up a job like unsuitable geographic conditions, not being up to the mark with certain qualifications etc. but on the other hand, India is one such country where workforce is available in abundance but there are only limited candidates suitable to fill up the jobs and thus employer finds it difficult to find a perfect candidate. Shortage of relevant skills including hard and soft skills, being uneducated or unqualified results in less or no employability. Moreover, unlike other countries which are facing a burden of ageing population, India has a benefitting edge with a unique 20-30 years window of majority of the population and thus has a supporting demographic dividend. The main focus for the paper has turned to skill gap in the economy. A study by Rupam Jyoti Deka and Bhavika Batra (2016) has focused on the skill gap prevailing in the country. Indian workforce needs to acquire skills and knowledge in order to gain employability. As per the Planning Commission Reports of 2008, India has a huge skill gap compared to other countries. Percentage of workforce receiving skill training (2008) With the rising influence of globalization, India has immense opportunities to establish its distinctive position in the world economy. The rural workforce still lacks in skill development and good quality education for them to qualify and secure a job {Radhika Kapur, (2014)}. They need to develop skills for the purpose of obtaining skill sufficiency in resource utilization, governance, leadership, technology, management and so on. A study by A. Mahendra (2015) suggests that education alone does not suffice. For proper execution, skills are necessary. The importance of skill is an unattended area except in few areas like Medicine, Engineering etc. that too in very few institutes. The graduates are still struggling in free and confident communication, lack of boldness to present the presentations and projects. India is composed by demographic dividend with multiple languages, cultures, religion etc. So teaching in common language is not possible, if we continue doing this, other issues are cropped up. In 2014, the Prime Minister Mr. Narendra Damodar Das Modi announced and requested the global economies to ‘produce in India' by launching a campaign ‘Make in India'. About 63% of Indian youth indicated a dire need to create employment in manufacturing sector, a study by Ankul Pandey and Prof. D.K. Nema (2017) indicated. Another paper by Ankul Pandey, Prof. D.K. Nema (2017) and AnnaLee Saxenian (2002) raised the concerns about an issue of Brain Drain or Brain Circulation. Brains of Indian people are immeasurably intellectual and has proved the worth and stand of India at various Global Levels including NASA, or holding a well reputed and respected positions in global firms including Google, Microsoft, Pepsi co. to name a few. But due to lack of job opportunities, the Indian talent is draining out to other countries which are willing to offer better positions with higher opportunities and perks. The emigration of highly skilled personnel to other countries represents a huge economic loss and brain drain. The main causes for this drain to happen be obviously lack of growing opportunities and availability of very few seats for huge number of job applicants. Also, higher salaries and perks attract huge number of job seekers improving their standards of living. AnnaLee Saxenian (2002) introduced a new concept of ‘Brain Circulation'. Brain circulation widely means returning of a personnel back to his own country after learning and experiencing the advancements in education, skill or work and contributing his part in the growth and development of the domestic economy instead of permanently settling down in the foreign country. Brain circulations would definitely prove a game changer if it is honestly practiced and this would be possible only if India would improve its skill development and increase the job opportunities and offer more perks and employee benefits. As per the study by Aya Okada (2012), the difficulties faced by youth for seeking jobs are:Intense globalization has led to intense competition among firms which is leading to improvement in their efficiency forcing them to hire few but highly skilled personnel.Global economy has led firms to engage in massive restructuring resulting in fewer job openings.Rapid technological advancements require workers to have moral complex and cognitive skills than ever. The economy now is more of ‘knowledge based'.Due to increase in migration of labour, the youth is exposed to increased intense competition even from workers globally who offer more knowledge, skills and competencies.To improve the conditions of employability and to produce more efficient labour, the government has launched several campaigns and movements. There is a measurable skill gap between what industries demand and the acquired skills of the youth. Youth's access to vocational training is limited because the vocational education and training systems across the nation is not large enough to be able to accommodate many schools and graduates. However, the government has formulated National Skills Development Policy, Pradhan Mantri Kaushal Vikas Yojana, and Skill India; set up a new institutional framework to coordinate the skill development efforts and National Vocational Education Qualification Framework.

Candy Coffee Filter Chromatography

Candy Coffee Filter Chromatography You can do paper chromatography using a coffee filter to separate the pigments in colored candies, like Skittles or MM candy. This is a safe home experiment, great for all ages. Difficulty: Easy Time Required: about an hour Candy Chromatography Materials Basically, you need colored candies, a coffee filter or other porous paper, and salt water for this project. Skittles or MM candiesCoffee filterTall glassWaterTable saltPencilToothpicksPlate or foilPitcher or empty 2-liter bottleMeasuring cups/spoons Procedure Coffee filters usually are round, but its easier to compare your results if the paper is square. So, your first task is to cut the coffee filter into a square. Measure and cut a 3x3 (8x8 cm) square from a coffee filter.Using a pencil (ink from a pen would run, so pencil is better), draw a line 1/2 (1 cm) from the edge of one side of the paper.Make six pencil dots (or however many colors of candy you have) along this line, about 1/4 (0.5 cm) apart. Underneath each dot, label the color of the candy you will test on that spot. You wont have space to write the whole color name. Try B for blue, G for green, or something equally easy.Space 6 drops of water (or however many colors you are testing) equally distant on a plate or piece of foil. Position one candy of each color on the drops. Give the color about a minute to come off into the water. Pick up the candy and eat it or throw it away.Dip a toothpick into a color and dab the color onto the pencil dot for that color. Use a clean toothpi ck for each color. Try to keep each dot as small as possible. Allow the filter paper to dry, then go back and add more color to each dot, a total of three times, so you have lots of pigment in each sample. When the paper is dry, fold it in half with the color sample dots on the bottom. Ultimately, you are going to stand this paper up in a salt solution (with the liquid level lower than the dots) and capillary action is going to draw the liquid up the paper, through the dots, and toward the upper edge of the paper. The pigments will become separated as the liquid moves.Prepare the salt solution by mixing 1/8 teaspoon of salt and three cups of water (or 1 cm3 of salt and 1 liter of water) in a clean pitcher or 2-liter bottle. Stir or shake the solution until it is dissolved. This will produce a 1% salt solution.Pour the salt solution into a clean tall glass so that the liquid level is 1/4 (0.5 cm). You want the level to be below the sample dots. You can check this by holding the paper up against the outside of the glass. Pour out a little salt solution if the level is too high. Once the level is correct, stand the filter paper inside the glass, with the dot side down and the edge of the paper wetted by the salt solution. Capillary action will draw the salt solution up the paper. As it passes through the dots, it will begin to separate the dyes. You will notice some candy colors contain more than one dye. The dyes separate because some dyes are more likely to stick to the paper, while other dyes have a higher affinity for the salt water. In paper chromatography, the paper is called the stationary phase and the liquid (salt water) is called the mobile phase.When the salt water is 1/4 (0.5 cm) from the top edge of the paper, remove it from the glass and place it on a clean, flat surface to dry.When the coffee filter is dry, compare the results of chromatography for the different candy colors. Which candies contained the same dyes? These are the candies that have corresponding bands of color. Which candies contained multiple dyes? These are the candies that had more than one band of color. Can you match any of the colors with the names of the dyes listed on the ingredients for the candies? Further Experimentation: You can try this experiment with markers, food coloring, and powdered drink mixes. You can compare the same color of different candies, too. Do you think the pigments in green MMs and green Skittles are the same? How can you use paper chromatography to find the answer?What do you expect to happen if you use a different type of paper, such as a paper towel or a different brand of coffee filter? How do you explain the results?

The Double Helix Essay Example | Topics and Well Written Essays - 250 words

The Double Helix - Essay Example As a result, a replication of the original DNA is achieved with the parent and daughter molecules having exactly the same properties. The double helix in the complementary based pairing therefore ensures that daughter molecules derive exactly the same characteristics as the parent molecules (Teerikorpi, Valtonen, Lehto, Byrd and Chernin, 2008). The phrase, ‘two strands of DNA in the double helix are antiparallel,’ means that the strands run in opposite directions. This is because of properties of the different structures of the strands that ensure the opposite directions for bonding in the double helix strands (Strachan, 2003). If the strands were parallel, the ends of the double helix strands would have similar properties. This would result from the strands pairing with both strands aligned in the same direction as opposed to the opposite directional stranding of the ‘antiparallel’ double helix strands (Behr,

How useful is the concept of semi-presidentialism for understanding Essay

How useful is the concept of semi-presidentialism for understanding the political regime of the Fifth Republic - Essay Example The first aspect worth analyzing is to what extent France meets Duverger’s first criteria: a president elected by universal suffrage. In 1962, the then French president Charles de Gaulle passed a constitutional amendment altering the presidential election from parliamentary to universal suffrage (Curtis 2004). This meant that the president of the republic would be elected by the population, and therefore had to become a strong and appealing individual leader. At the time, this benefited De Gaulle since he epitomized charismatic leadership and desired a system were the president wielded the majority of government power and responsibility. Universal suffrage gave constitutional power to the president, as he, by virtue of being elected by majority vote, now possessed similar legitimacy to that of a majority in the Assembly. Thus, 1962 marked the beginning of a shift of power from the Assembly to the President, and is even considered by Robert Elgie to be the point that establishe d the Fifth Republic as a semi-presidential regime.   The second criteria of Duverger’s definition of semi-presidential regime is that â€Å"(2) he possesses quite considerable powers† (Duverger, 1980:166 cited in Elgie:2009). Scholars such as Robert Elgie criticized Duverger for being too vague in his definition of semi-presidential regimes. For instance, Duverger underscores the fact that the president must possess considerable powers, but never expounds on this idea in order to establish what is deemed to be considerable. Reading further on Duverger’s other work such as A NEW POLITICAL SYSTEM MODEL: SEMI-PRESIDENTIAL GOVERNMENT (1980), Duverger defined the considerable powers saying that French Fifth Republic as â€Å"A country with an all-powerful presidency† (Duverger 1980:170). He justified this proposition by citing Article 16 which states