Sunday, July 28, 2019

Law of evidence Essay Example | Topics and Well Written Essays - 750 words

Law of evidence - Essay Example In this regard, different case laws are implied in the provided case with the aim of having effective evidences in accordance with the law. By reviewing the case study, it has been observed that there are two individuals named Albert and Bart, who were involved in the incident of a burglary in a bookstore. It has been expected that the burglary has taken place on 15th December 2013 at 10 pm. A witness named Mr. Bird gave the statement regarding this incident of robbery. The incident has taken place in a bookshop where the thieves have stolen 500 law books. The witness has also provided a description of one of the burglar. By this statement of the witness, police has been able to recognise a suspect who is expected to be a prime guilty of this robbery incident in the bookshop. After arresting the first suspect, police has started interrogating him by marinating the law and regulation. The first suspect Albert has been arrested from the nearest clinic where he has been having treatment of his wound caused during the incident or robbery. During the interrogation, DC Tracy has put the effort to confess the guilt from Albert, but he refused to do the same. In this context, the suspect has been urged for receiving the solicitor, but DC Tracy did not provide him the minimum chances to receive the facilities of a lawyer. After sometime, Albert confessed his involvement in this burglary incident and mentioned the name of the involvement of another person. Albert also agreed to disclose all the confidential evidence of his prior group in terms of getting the concession in his punishment from the court. However, DC Tracy has denied his request and become able to confess guilt, but suggested that his cooperation will be taken into account in the court at the time of sentencing. As per the theft act (Northern Ireland) 1969, the guilty of burglary needed to be

Saturday, July 27, 2019

Liberal Democracy. Why are elections so important for liberal Essay

Liberal Democracy. Why are elections so important for liberal democracy - Essay Example Elections and democracy are complementary to each other. Free and fair elections are central to promoting liberal democracy. The cosmopolitan nature of the United Kingdom society has made people devise means of having organized electoral systems that are fully representative. The intention of the electorate is to consolidate their civil rights and freedoms. These electoral systems are established through either direct or indirect means of picking representatives into the House of Commons. The electoral system must avoid irregularities and guarantee the wishes of the majority while respecting the rights and the voice of the minority. The strength of the electoral process guards against unnecessary tensions (Robinson 2010). This is the essence of reviewing the parliamentary electoral system in the United Kingdom to make them representative and free. A liberal democracy like the United Kingdom thrives through democratic elections. A general election is a vital decision making process in which the people decide whom to entrust with power. Modern liberal democracies like the United Kingdom use elections to fill vacancies in the executive, parliament and the judiciary. The word election comes from a Latin word Legere meaning-choose. The essence of general elections is to change leadership and express the wishes of the citizens on key matters. Modern liberal democracies like the United Kingdom have the electoral systems which yield the best results. The most popular democratic systems are both presidential and parliamentary systems. The United Kingdom used the parliamentary system. The liberties include the freedom of speech, religion, right to private property and privacy. Liberal democracy has safeguard against majoritarianism which hurts the minority. In a liberal democracy, elections must be free and fair (Johnson 2001). The electorate must have a choice of political parties, which differ in policies and views. In a liberal democracy, voting is by secret ballot. T his ensures that voters do not feel pressured (Robinson 2010). Elections are crucial in liberal democracies because the parliament and the government are chosen by and accountable to the voters. Liberal democracies demand that elections be regular (Dunleavy & O'Leary 2000). This gives the electorate a chance to review their leaders and make changes during the election year. The government must call for a referendum on key issues that affect the lives of people directly (Williams 1998). In liberal democracies, election results must be respected since they represent the demands of the people (Diamond & Platter 2006). As a result, the power transitions must be peaceful, and this ensures economic stability. In the United Kingdom, the European court of human rights ensures that civil rights are enforced. Democratic elections guarantee equal opportunities and a fair justice system in liberal democracies (Williams 1998). The government must be limited and open to the public (Dunleavy & O'L eary 2000). Democratic elections give the people power to securitize the government in liberal democracies. The constitution gives the citizens the right to access state information if it does not compromise the security situation of the country (Robinson 2010). Democratic electoral process guarantees free media, which is not controlled by the state. This means that the media must give neutral coverage to all the political activities in the country, and at the same time criticize any the government freely (Diamond & Platter 2006). In the United Kingdom, the electoral system is free and fair. The law demands that balloting in the UK be secret, in addition to universal suffrage of, eighteen and over. The country has a number of political

Friday, July 26, 2019

Assignment 5.3 Essay Example | Topics and Well Written Essays - 250 words

Assignment 5.3 - Essay Example Traditional or physical classroom refers to the conventional learning system that relies on actual and physical student-teacher interaction to facilitate learning, whereas virtual learning sustains the student-teacher interaction via electronic media, for the same purpose. The information questions are: the future of the physical classroom; the future of the virtual classroom; whether or not, virtual classroom will come to include video-chat classrooms; and the statistics between graduates of online degrees vs. in-school degrees. Unlike other primordial socio-economic constructions, physical classrooms cannot be done away with; the values that virtual learning brings, notwithstanding. Extensive discussions, consultations, debates and the upholding of educational standards are some of the facets of traditional learning that will bar virtual learning from overtaking its traditional counterpart. The crux of the matter is that extensive discussions and consultations, especially after exams enable learners to correct their mistake or misconstruction of a concept. Indeed, it is dishonest to discount the fact that virtual classroom is becoming increasingly popular and will continue to do so. For instance, in a research finding that was tabled by the SRI International for Department of Education in 2009, from 1996 to 2008, the number of students who do online course work accounted for 59% (Lohr, 1). Secondly, because of the convenience that comes with online classes, this alternative to traditional learning is bound to get more popular. Nevertheless, this does not mean that it will face out its physical counterpart. As already stated, according to research results that the SRI International for Department of Education tabled, between 1996 and 2008, students who have done online courses accounted for 59% (Lohr, 1). This means that

Thursday, July 25, 2019

Copyright law Essay Example | Topics and Well Written Essays - 750 words

Copyright law - Essay Example â€Å"Work made for hire† is defined under  § 101, Chapter 1 of Title 17 on Copyrights of the US Code as work, which is either prepared by a person as part of his work during his employment or works which are especially commissioned. The ‘work made for hire’ rule constitutes an exception to the general rule that copyright ownership naturally belongs to the author or creator of that work, implying that in such cases, the employer or the person for whom the work is done or created for is deemed the copyright owner of the work.However, this can be true only if there is no express agreement in writing signed by the parties indicating a contrary intention ( § 210, Chapter 2 of Title 17, USC). Under the first definition of ‘work made for hire,’ the term employee is constructed in accordance with the holding of the Court in Community for Creative Non-Violence v Reid, 490 US 730 (1989). In that case, an artist’s help was solicited by a non-profit o rganization to aid in their campaign against homelessness. The artist acceded, but no agreement between them as to copyright ownership over the sculpture was entered into. When the artist later claimed copyright ownership, the organization went to court. The US Supreme Court held that the term ‘employee’ should be taken in the context of the conventional employee-employer relation, without resorting to the control test often employed in common law. The SC’s decision relied on the agency law, where agency is determined under a ten-factor test. Since the conditions in the case did not satisfy this, the Court held that it was not within the ambit of the ‘work made for hire’ and copyright ownership belonged to the artist. On the other hand, ‘work made for hire’ under the second type, or the especially commissioned works, is easier to determine because the law itself confined it to nine types of work: â€Å"as a contribution to a collective work; as part of a motion picture or other audiovisual work; as a translation; as a supplementary work; as a compilation; as an instructional text, or; as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire† ( § 101, Chapter 1 of Title 17, USC). Q2 Under  §102, Title 17 on Copyrights of the US Code, there are eight kinds of works of authorship upon which copyright protection can be had: literary works; musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic and sculptural works; motion pictures and other audiovisual works; sound recordings, and architectural works. Copyright registration may be made either online or using paper forms, although online registrations can only be made for basic registrations. For non-online registrations, each type of work of art must use a corresponding form. Liter ary works, whether published or unpublished, for example, must use Form TX. Specifically Form TX is used for non-dramatic literary works such as fiction, non-fiction, poetry, textbooks, reference works, directories, catalogs, advertising copy, compilations of information, and computer programs. On the other hand, visual arts, published or unpublished, must use Form VA, with ‘visual arts’ comprising pictorial, graphic, and sculptural works. Works of artistic craftsmanship and design are also registrable under Form VA, but protection extends only to their form and not to their other aspects. For works of performing arts, published or unpublished, Form PA is used for registration. The performing arts category include within its ambit musical works, dramatic works, pantomimes and choreographic works, and motion pictures and audiovisual works. Form SR is the form used for the registration of sound recordings, published or unpublished, but may also be used to simultaneously r egister the underlying musical, dramatic or literary work accompanying the sound recording. Sound recording, however,

Wednesday, July 24, 2019

New Approaches to Advertising Essay Example | Topics and Well Written Essays - 2250 words

New Approaches to Advertising - Essay Example To be sure, consumers and businesses are using other forms of communication to gain the information that was once formally provided by advertising. Furthermore, globalization in the marketplace has not only altered the way the world does business, but effectively altered the way in which business communicate with their more globally aware consumers. To understand these shifts in the paradigm for advertising, one must first understand how advertising works in the first place, and apply this understanding of the industry to the shift in the way that it is working today.Advertising is unlike the direct communication between two people which involves a give and take experience.It is a one way exchange that is impersonal in format. People can selectively notice or avoid, accept or reject, remember or forget the experience and therefore confuse and bewilder the best of advertising plans. Advertising has always been a seemingly inescapable part of western life. It is the ultimate tool that corporations use to communicate to consumers.Through television, radio, newspapers, billboards, and the internet, corporations have benefited from advertising through increased sales.The effects of advertising have appreciably increased the quality of life of consumers.Finally, the communication potential of advertising has made it essential to the function and well-being of today's market. Advertising is an effective function of the economy that is an asset to both corporations and consumers. Corporations have made every effort to submerge consumers in their advertising since the beginning of modern civilization. They money that corporations are willing to spend delivering ads has doubled since 1976, and continues to grow by over 50% every ten years (Olson & Reynolds, 2001). Corporations and businesses are willing to devote such an enormous investment of money simply due to the fact that if done properly, advertising will more than pay for itself. Although most market experts agree that advertising is an exercise in communication and not sales generation, it is without a doubt that the ultimate goal of producing the ad is to increases sales and profits, either directly or otherwise. Throughout the years, advertising has proven effective in attracting consumers and increasing sales directly. This is achieved is two main ways. First, advertising allows businesses a chance to communicate to the consumer in order to persuade and offer reasons as to why their product would be desirable. This raises consumer interest in the product and can eventually result in increased sales. Next, advertising can be used to raise consumer awareness about special events, promotions, or discounts available or to simply remind prospective customers that the business is open and ready to offer goods and services. Advertising effects businesses by helping to build consumer confidence in an advertiser's product. People have been known to buy brands that they know of and in which they have confidence. Advertising helps to achieve this by connecting corporations and their products to consumers. This process is called "branding". Ads can help the corporation make their product known, and to create an image or reputation for the product through the content of the ad. "At Volvic 10 per cent of the buyersof the buyers of this brand of mineral water are regular and loyal and represent 50 per cent of the sales. The reputation of the brand is a source of demand and lasting attractiveness, the image of superior quality and added value justifies a premium price," (Kapferer, 1997). Advertising of this sort

Tuesday, July 23, 2019

Post Enron - Research Proposal Example | Topics and Well Written Essays - 2750 words

Post Enron - - Research Proposal Example This general understanding of corporate governance and ethics is not sector specific as companies are very unique from one another in terms of size and internal working culture. Poor corporate governance and enforcement hurdles are widely viewed as the structural weakness that resulted to the economic downturn experienced in the late 2008 (Sun, Stewart & Pollard, 2011). The banks that suffered credit crunch were well aware of impending problems but could not alert shareholders and the government about the impending tough economic times. Early detection necessitates adoption of proactive measures that help companies go through tough times. Introduction Corporate governance is the set of guidelines, legislations and processes that directs business operations in any given country. These laws define the relationships existing between top company management with its board of directors, stockholders, employees, suppliers and clients. There are other external publics which the company direc tly or indirectly interacts with in the course of its operations. These include the government, regulatory authorities and the neighbouring community. Corporate governance laws also determine the lines of congruence that the company has with the external business environment. These rules vary from place to place depending on the economic models countries adopt. For instance, some protectionist countries have laws limiting disclosure of local company information to limit economic spying. Despite existing legislations aimed at reducing corporate malpractices, there have been widespread allegations of bribery scandals pitting American multinationals with foreign governments. A New York Times article by David Barstow dated April 21st, 2012 gave alarming reports of Wal-Mart’s Mexican retail outlet involvement in corrupt practices with Mexican public officials. It is alleged that the company’s internal sleuths found that the executives had authorised payments, adding to arou nd 25million dollars, to these recipients so that they can obtain construction permits without doing an environmental impact assessment (Barstow, 2012). This is a big corporate governance issue because of the ripple effects it has caused to both the Mexican and American governments. According to Barstow (2012), to add to the graft accusations, the management is accused of concealing this internal audit information from the top management; this is against the public information disclosure laws set under the American financial sector management guidelines. Wal-Mart has the obligation to make open its internal audit reports since it is a publicly trading company; this is the reason it’s share trading prices fell by over 5 percentage points the next day after the allegations were made public. The Mexican government is establishing the country’s first anti graft law which is meant to stem economic crimes. This is according to Ivan Castano, in his article dated April 27th, 2 012, in response to these alarming allegations that has the potential of eroding the good gains made by the Mexican authorities in tackling economic crimes. The government has moved zealously to get to the bottom of the claims and punish the culprits to improve business environment that is just recovering from drug wars (Castano, 2012). Pedro Hernandez, a partner at

Effect of Toluene and Xylene in solvents on humans Essay Example for Free

Effect of Toluene and Xylene in solvents on humans Essay Toluene and Xylene are some of the major compounds in the solvents that affect the humans. Both, Toluene and Xylene, exert some effects like irritation at the site of contact and CNS depression. Irritation Solvents are in liquid form when at room temperature, but they are volatile too. When these solvents are in liquid form, once they come in contact with the skin, irritation may occur. When they are volatile, inhalation of these vapors may cause irritation in the respiratory track and the vapors may cause irritation to the eyes even. CNS Depression CNS depression is defined as the consistent effect of these solvents at sufficiently high levels of exposure. The symptoms are disorientation, giddiness, and euphoria. The syndrome may progress to paralysis, convulsions and unconsciousness. Death may ensue. The mechanism is not clear yet but the observation that narcosis (CNS Depression) was related to the solubility of toluene and Xylene in lipid and not at all related to their chemical structure, and hence suggested that narcosis resulted from CNS cell dysfunction following solubilizing of the solvents in the cell membrane. There are also a variety of specific effects of toluene and Xylene in solvents on humans. The diversity of these effects is a result of the different metabolic being formed. They are effect on liver, kidneys, nervous system, and hematopoietic system.