Analyse your contribution to the selection process for the position of Classroom Assistant Essay

Assignment M2 In this assignment I will analyse the contribution of the interview and selection process that leads to the position of Classroom Assistant. I took part both as an interviewee and observer therefore I am able to compare how the different roles have contributed to the process. Before being selected through for the position, there are three stages that each applicant must face: the pre-interview, the interview itself and the post-interview. Each of these stages plays their part in allowing the employer to carefully select the potential candidate. Pre-interview When applying for a position or job role, it is essential that an application form is presented and that the candidate must meet the criteria as identified in the person specification in order that they have the required skills and qualifications to get offered the job. As an interviewee, I have completed an application form that describes my qualification and experience with children. It also has my information and previous employment as well as any disability or illnesses. It is important that all these details are included correctly so that the workplace can make necessary arrangements in order to deal with the situation. As important skills to work with children are needed, I included my communication and outgoing skills, as well as listening and understanding. I made sure that it was neatly represented and wrote it in black ink and block capitals. I was also able to meet essential criteria as I found them attached on the website and ensure that it was clear that I met the needs. As an interviewer it is important that the candidate come prepared and organized with a full interview pack that includes every piece of material requested from the interview panel. This will higher their chances to better opportunity and will also show the employer that they are committed and have what it takes to take on the role as a Classroom assistant. It is also  important that the interviewer gets a report from past references as so that he/she knows if you are capable for the job. References will recommend you for the position and will tell your employer what makes you a strong team member or weaknesses that you could possibly have. It is also important on what kind of interview gets chosen as a process of assessing candidates for this position. During our interview process, each candidate was able to get interviewed by the same interview panel and get asked the same amount of questions in the same way and then get assessed from there. This was possible because only 11 candidates had applied and therefore it was an easy process to carry out. Also because the observer is there to assess candidates, it is easier for the employer to pick who is really suitable for the assigned position. In the same way, there was no need to take aptitude tests or any kind of questioning as it couldn’t have been shorter listed. And because the interview was carried out by a professional who has been involved in recruitment for so long and know that requisites for the post there was no need for the process to be shortened. At the end of the process, one candidate has to be selected for the job post to be offered. This can be done in many ways, however as an interviewer, it is best to write a job offer letter because it is polite and formal and the candidate can more than likely receive it which also saves on time and costs. On the other hand, applicants who didn’t get through will get a job rejection letter instead. Interview This is the process where the interviewer has a formal meeting with the interviewee finding out why they want the post and what makes them a good staff member compared to the others. As an interviewee I needed to make a good impression to boost my chances by arriving early, dressing smart, showing my personality through being formal and smiling and stating why I would really love to work for them. It was also important that as an observer I made it clear that every detail  and personal information was going to be strictly confidential and that everybody had an equal and fair opportunity to get the job, therefore seating arrangements and questions were exactly the same for every interviewee and questions could not be asked by me to make interview unfair. I also needed to make sure that the interview was carried out in a Health and Safety policy environment free of any possible danger or harm that could be caused by equipment. An interview check-list is needed and useful for both sided of the interview panel as it contributes to the process because for the interviewee can know what needs to be included in the interview pack and provide necessary information while the observer or interviewer will use it as a method to ensure that all points they are looking for are being covered. This will also help control the interview because it is mannered and well organised and interviewers are able to control their time and decide what to say for each question. As an observer, notes were also taken to keep on track of the candidates’ performance in order for rank to be given at the end and meet the decision criteria and right documentation. Communication between the interviewer and interviewee is important because as an interviewee I had to make sure I was listening carefully to questions so that I could give the correct answers, however this was also made easy as I already had an interview questions document already prepared. This is also important because it showed the interviewer that I am capable of listening and communicating well therefore able to work under command and instructions given. I also used body language to make the interview more interactive and make more impression using eye contact with both the interviewer and observer which made them more interested to hear what I had to say. Questions that were used were all open questions which gave me the ability to explain and satisfy them with my answers. As an observer I noticed that communication between the candidate and interviewer were quite tense but body language tend to loosen the tension and make the interview more relaxing. I listened carefully to answers in order to take accurate notes and able to give feedback to the employer. The  candidate came across really clear and I was able to notice that they were confident in their position and therefore it helped with the process even more. Post-interview After the interview, this is the final stage of the process in which some candidates are rejected and others are offered the post. It is also referred as recruitment because the candidates are gives a response based on their interview and therefore then judgement is made as to who gets picked. I informed candidates about their interview giving them feedback on what were their strong points and weak points where they could have improved via phone call. This makes it seem more professional as it shows the interviewee that the employer is making effort in reaching them and sending them their best of wishes for their future career. As an interviewee feedback will be used as a way of improvement for the next job offers and interviews coming ahead. However before candidates could be informed if they were unsuccessful, a job offer was made to the applicant that was selected. This took place before rejection letters were sent out because if the selected candidate decides to refuse the offer because of lost of interest or new employment, then the employer would pick the next person in line that was likely to get offered. This will therefore save restarting the whole process again as the employer is assure that the selected candidate accepts the offer before telling the others that they weren’t as successful and did not meet their standards. As an observer I also asked for feedback from the candidates who apply as to hear from them how the process could have been improved and what changes could be done for next time. I took all answers into consideration as it will give better opportunities to other candidates to make a successful interview. I would also check the selected candidate’s reference to hear their point of view on the candidate.

‘Of Mice and Men’ by john Steinbeck and ‘The Withered Arm’ by Thomas Hardy Essay

Points of comparison between ‘Of Mice and Men’ by john Steinbeck and ‘The Withered Arm’ by Thomas Hardy. Include social and historical context, setting, plot, characters, theme and language. ‘The Withered Arm’ written by Thomas Hardy and ‘Of Mice and Men’ written by John Steinbeck have many differences in their social and historical background but similarities can be seen between the two. Of Mice and Men’ is set in Soledad, California during America’s great depression in the 1930’s. Transport was very different then, most people travelled around on foot or by horseback. There were busses but very few of them and if you were a couple of ‘bindle stiffs’ like George and Lennie you never got a full ride or taken to where you wanted to go. A train were available but for people like George and Lennie hiding in boxcars and riding for free was more common. As it was during the great depression many business es went bankrupt and many people lost their jobs. This was the reason that many people, including George and Lennie, travelled around so much looking for work. Work was mostly found on farms and ranches but pay was very little. Wages were $50 per month with food and accommodation included. However the accommodation was very basic, they were communal bunkhouses so George and Lennie and anyone else had little privacy. Jobs on the ranch weren’t that glamorous either, ‘barley bucking’ was the most common then there were skinners, stable bucks and swappers. There were few employment rights and no job security because as soon as a job was finished workers were just dropped and had to move on to find other jobs in other places. Even through all the work there was plenty of entertainment. Betting and gambling were very popular, any chance they had to play a game of horse shoes or a game of cards they would more than likely always have a bet on each game. When they had enough money they would go into the local town for a couple of drinks in ‘cat houses’. Punishment for any crime committed was severe, but there was no real law. It was normal for just anyone to take the law in to their own hands, as shown in the story when Lennie killed Curley’s wife and Curley went out to shoot Lennie and it wouldn’t matter, † ‘ I’m gonna get him. I’m going for my shotgun. I’ll kill the big son-of-a-bitch myself’ † ‘The Withered Arm’ is set in holmstoke in Wessex in the mid 1800’s. Holmstoke is a very isolated little village and is only joined to Anglebury, a near town, by a cart track. Transport back then was even more primitive than in ‘Of Mice and Men’. People mostly travelled by foot and by horse and cart along dirt tracks, as there were no proper roads. Pretty much everyone was labouring class as the only jobs really available were on farms an d land. Dairy and animal farming was very popular. The farms were owned by wealthier farmers that employed the local people to do the farming and dairy work. The wages were 37p per week, which just like in ‘Of Mice and Men’ is very little. The women did the milking in the dairies and cider making and the men did the harvesting, just like in ‘Of Mice and Men’, cropping and wood cutting but just like in ‘Of Mice and Men’ there was little job security and hardly any employment rights. Entertainment was still a big part of people’s lives. The farmers had house gatherings and even back in the 1800’s drinking was still popular as in ‘Of Mice and Men’. Local bands were often booked for traditional dances and festivals. They celebrated Christmas with little plays from house to house. You could also go and see a hanging when there was one and purchase a part of the rope used. Punishments for even little crimes like theft could be punishable by death. There were almost no legal rights for anyone in the labouring class and if u were just thought to be guilty of a crime you could still be hanged for it and you weren’t given a chance to prove yourself innocent. The settings for these two stories are quite similar even though both are set in different countries and years apart. In ‘Of Mice and Men’ a vision of the place is clearly described. It is set on a rural farm that ‘bucks barley’. The local town is Soledad where the men found some of their entertainment. Steinbeck makes the setting sound very bare and lonely and portrays the idea that the farm is cut off and very much on its own very well. The valley is described well and is described as open and free, â€Å"On one side of the river the golden foot hill slopes curve up to the strong and rocky Gabilian Mountains, but on the valley side the water is lined with trees†. There is a ‘brush’ in this story, which Steinbeck mentions clearly, â€Å"The sycamore leaves turned up their silversides, the brown, dry leaves on the ground scudded a few feet†. Farming is a big part in each story as well, even though the farms themselves are different , the different types of countrysides are both described well by each other in their own well. In ‘The Withered Arm’ a clear description of it’s setting is also given. This story is also set in and around farmland but this farm is a dairy farm unlike the one in ‘Of Mice and Men’. The setting in this story however is much greener with more of a typical English countryside. It is set just outside of Holmstoke and is surrounded by Egdon Heath, which is described as barren moorland, â€Å"their course lay apart from the others to a lonely spot high above the water-meads and not far from the border of Egdon Heath, whose dark countenance was visible in the distance†. This makes the place sound very cut off and lonely just as in ‘Of Mice and Men’. In ‘The Withered Arm’ dairy farming dominates and is the main way of working and living just like in ‘Of Mice and Men’ where crop farming is the main way of working and living. In each of the stories there are similarities in the plots. In ‘Of Mice and Men’ Lennie and George are two incomers to the farm where the story is based. They are wor kers that travel around to find work in different places and to gat some money. They arrive just down the road from the farm as the bus driver refuses to drive them any further. They are there to work as ‘barley buckers’ which is pretty much the lowest rank of worker. Their welcome to the farm from the other workers wasn’t that pleasant because to them Lennie and George were just another pair of passers by. When they first arrived all they got was a † ‘ The boss was expectin’ you last night’ † The other workers were a bit curious about George and Lennie because normally men travel around on their own so they thought there was something suspicious going off between them,† ‘say-what you sellin’?’ † In ‘Of Mice and Men’ Curley’s hand gets broken. Curley provokes Lennie and starts hitting him, Lennie is really very gentle but he grabs hold of Curley’s hand and squeezes it until he ends up breaking every bone, † Looks to me like ever’ bone in his han’ is bust†. Also in both stories there is an unhappy marriage. In ‘Of Mice and Men’ the unhappy marriage is the marriage of Curley and his wife. She’s thought of so little that she isn’t even given a name. She tells Lennie how she only married Curley on the rebound to get away from her mother, † Well, I wasn’t gonna stay no place where I couldn’t get nowhere or make something of myself, an’ where they stole your letters. So I married Curley. Met him out to the Riverside Dance Palace that same night† Curley doesn’t seem to pay that much attention to her or care about her, as he doesn’t hesitate to go to the ‘cat house’ in town with all the guys and leave her on her own. In ‘The Withered Arm’ the incomer in this story is Gertrude. She enters the story as Farmer Lodges new wife. Unlike Lennie and George, Gertrude enters the story at the top of the social scale. However, like George and Lennie she also doesn’t receive the friendliest of welcomes and all the villages are very curious about her on her arrival, † ‘Well, did you see her?’ â€Å". In ‘The Withered Arm’ there is also an injury but this one is very different to the one in ‘Of Mice and Men’. This injury has a strange, paranormal meaning to it as the dream Rhoda had about hitting Gertrude’s arm mysteriously comes true when a hand mark appears on her arm and it starts to wither, â€Å"She uncovered her left arm, and their outline confronted Rhoda’s gaze as the exact original of the limb she had beheld and seized in her dream†. In this story there is also an unhappy marriage of Gertrude and Farmer Lodge. At the beginning of the story they seem like a happy couple in love but he only really sees her as is pretty girl to go on his arm, â€Å"you must expect to be stared at just at first, my pretty Gertrude†. When Gertrude becomes marked and her arm begins to wither, Farmer Lodge begins to loose interest. As Gertrude becomes imperfect the marriage begins to fall apart, â€Å"‘six years off marriage and only a few months of love’ † The female characters in both stories have many differences through how they live but some similarities can be made between the three. In ‘Of Mice and Men’ the female character is Curley’s wife. She is described as young and pretty but she hates the life she’s got with Curley on the farm. She had dreams of living a life a luxury and being put it the ‘pitchers’, † ‘Well a show come through, an’ I met one of the actors. He says I could go with that show’ â€Å". Women were pretty much at the bottom of the social scale compared to men so Curley treated her like she belonged to him, Steinbeck show this in the story by not giving her a name and just referring to her as Curley’s wife. Curley goes off in to town with the other guys in to the ‘cat house’ withou t giving his wife any consideration. In ‘The Withered Arm’ there are two female characters, Gertrude Lodge and Rhoda Brook. Rhoda is a dairymaid on Farmer Lodges farm and just like Curley’s wife has been treated badly by a man. Rhoda had once bin the lover of Farmer Lodge and accidentally got pregnant, because of this Farmer Lodge ended it and left her to bring up their son on her own with no help. He tries to ignore her and his own son and tries to pretend he doesn’t really know who they are. When he sees his son he discards him as just another villager, † ‘I think he lives with his mother a mile or two off’ † the way Rhoda was treated by Farmer Lodge shows that she was just being used and treated like an object and not properly respected like she should be, this is just like how Curley treated his wife in ‘Of Mice and Men’. Gertrude Lodge is Farmer Lodges new wife. He is very proud of her in a way at the beginning because she is young and beautiful. However all this does change, when Gertrude’s arm begins wither and she become imperfect, Farmer Lodge slowly begins to loose interest. In this way she is also treated badly by a man like Curley’s wife and Rhoda Brook were. Farmer Lodge got to think very little of Gertrude, as she never gave him a child along with her disfigurement, he grew to not love her just because of they way she looked. In both stories all the women were treated very unfairly by men and can relate to one another by how badly they were treated by men. Each stories has different themes but the two main themes in these stories are friendship and loneliness. In ‘Of Mice and Men’, Candy, Crooks and Curley’s wife are the three main lonely ones. These three are considered at the bottom of the social scale. Candy is lonely because he is old and only has one hand, Crooks is lonely because he also has a disability and he is black and black people weren’t thought of very highly because of the colour of their skin and Curley’s wife is lonely because she is female and women were considered to be second class to men, she is only seen as Curley’s wife and not her own individual person. All three are lonely because they’re all different or have a disability in some way. The idea of loneliness is also expressed through the things Steinbeck writes about. When George is in the bunkhouse playing cards, â€Å"his solitaire hand† is mentioned, solitaire a game played on your own so this shows George’s loneliness. Also the local town is called Soledad and ‘sole’ is also expressing the loneliness of the story. The main and strongest friendship in ‘Of Mice and Men’ is the friendship of Lennie and George. When the Great Depression hit America men travelled around on their own looking for work but Lennie and George travel together. George and Lennie have been friends for years and Lennie is ‘simple’ so needs looking after, George is the one to do this, he looks after Lennie the best he can and cares for him. From some of things George says you can tell that he does care about him. â€Å"Jesus Christ, you’re a crazy bastard!† is said in a kind of sarcastic way and shows that George does like Lennie and cares for him but try’s not to show it. In ‘The Withered Arm’ Gertrude is the lonely one. She is lonely because she has come into the story and enters Holmstoke as a complete stranger and doesn’t know anyone. She finds herself very much alone after her arm starts to wither and her husband beings to loose interest in her and ignore her. Just like Candy and Crooks in ‘Of Mice of Men’ one of the reasons she feels loneliness is because of a disability or injury. The main friendship in ‘The Withered Arm’ is the friendship of Rhoda and Gertrude. This friendship is very different to the one of Lennie and George in ‘Of Mice and Men’. At first Rhoda didn’t like Gertrude just because she married Farmer Lodge and then Rhoda has her strange dream. When Rhoda meets Gertrude she sees how nice she is and then she finds out about Gertrude’s withering arm and realises it’s because of her dream and Rhoda feels guilty. Unlike Lennie and George’s friendship being based on care and love this friendship is partly based on Rhoda’s guilt over disliking Gertrude in the first place. In both stories dialect and slang are used by each writer to give you a more realistic view on each of the characters and the stories. In ‘Of Mice and Men’ the slang and dialect used could be quite hard to understand. In 1930’s California the speech is a very old American accent. Steinbeck used this in his story to convey a more realistic picture of the characters and how they spoke. † ‘She slang her pups last night,’ † said slim, simply means that she gave birth last night to her new puppies. † †Cause I can jus’ as well go away, George, an’ live in a cave’ â€Å", Simply means ‘of course, I can just go away and live in a cave’. † ‘We’ll take ‘um into Soledad an’ get ‘um fixed up’ â€Å", all ‘um means is him, and the ‘d’ is misses off of ‘and’. Using the actually dialect and slang makes the story sound more real and to try and give you more of an idea about what each character is like. In ‘The Withered Arm’ Hardy also uses slang and dialect to bring his characters to life and make them sound more realistic through the way they speak. Nineteenth century ‘Wessex’ has a very different dia lect to ‘Of Mice and Men’. † ‘He do bring his bride home tomorrow’ â€Å", almost doesn’t make sense but it just mean that ‘he will bring his bride home’. † ‘Ah- ’tis all a-scram’ â€Å", just means that ‘it is all shrivelled up’. The dialect in this story also has completely different word for things like ‘chimmer’ means bedroom and ‘fancied’ means imagined. Hardy uses all this language to make his story and characters more believable and to give the effect of the place it’s set in. Out of these two stories I preferred ‘Of Mice and Men’ by john Steinbeck. I think that this story has more of a powerful ending than ‘The Withered Arm’. I think that ‘Of Mice and Men’ is more realistic than ‘The Withered Arm’ because in ‘The Withered Arm’ the ending is all tied up neatly and really that’s not like real life. Where as in ‘Of Mice and Men’ it just ends and is left open like it can carry on, just like life really is. â€Å"Curley and Carlson looked after them. And Carlson said, ‘Now what the hell ya suppose is eatin’ them two guys?’ â€Å". I think that ‘Of Mice and Men’ has a more interesting plot that keeps your reading till the end unlike ‘The Withered Arm’ that I found got a bit boring.

ATT Income Report Assignment Example

AT&T Income Report The paper "ATT Income Report" is an extraordinary example of an assignment on finance and accounting. ATT Company has reported a net income for the fourth quarter of 2009 of $3 billion. This is a 26% increase as compared to the 2008. This has been attributed to the increase in mobile subscribers. The revenue of the company has fallen from $31.1 to $30.9 billion. The earnings per share was reported at $0.51 which met the expectation made by several business analysts. According to the company, the increase in income was fueled by broadband and mobile growth. During the fourth quarter, the company added 2.7 million subscribers. This was the second-best performance that the company has ever achieved. The increase was driven by the fast adoption of products by the apple company like e-readers, iPhone, and netbooks. The mobile operating revenue for the company increased by 7.6% from $12.9 billion in the 2008 fourth quarter to $13.8 billion in 2009 fourth quarter. Furthermore, the company activated about 3.1 million iPhones in the quarter. In the companys report, it assured its clients that it will offer the best services in iPad. The company has embraced the new innovation by Apple which has planned connectivity on its network. This was a report from John Stankey, the president of ATT Company. The company has an understood the technical operation of iPad thus will maximize on its usage. In addition, the mobile data revenue of ATT increased by 26.3% to $3.9 billion. The company had a solid year, 2009 and led the company to the biggest growth driver. The company is in a good position to provide for the high demand in connectivity of IP data and mobile broadband. Therefore, the company aims at adding vital mobile capacity in 2010.

Southwest airlines company Case Study Example | Topics and Well Written Essays - 4500 words

Southwest airlines company - Case Study Example Analysis 16 6. Improvement due to the initiatives 17 7. Alignment of initiatives towards strategic management 18 7.1 Towards Customer 18 7.2 Towards Environment 19 7.3 Towards Operations 19 8. Comparison with other organizations 20 Reference 22 1. Southwest Airlines Southwest Airlines officially started operating in Dallas 42 years ago. After they took off the first flight, there was a radical change in the ways the Americans used to fly. Southwest ruled the skies by introducing low fare travel, offering free whisky on board, go-go boots and undergoing rigorous expansion. The vision of the company was to provide the business people with a more efficient and faster way to travel at a much lower cost and rendering the personable service with smile and warmth. Southwest airlines have dealt in more domestic passengers than any other airlines. The company has grown with leaps and bounds and evolved as a strong organization but has retained the original vision. The company continues to pro vide low fare, excellent customer service and convenient flight schedules. The company has changed their products and services in order to cater to the changing taste of the customers. Not only the travelling habits of the customers have changed but also the short haul travel has declined. As a response to this the company has upgraded their fleet by refurbishing cabins and adding on board access to live Television and Wi-Fi. Apart from this the company has also introduced a series of new, sleek Boeing 737-800 aircraft to the convoy of longer flights. The company has acquired Air-Tran Airways and have undertaken the task of integrating the two airlines in order to form a bigger and stronger organization. Apart from this the company has also renewed their â€Å"Rapid Rewards Frequent Flyer program†. The management of the company has equipping the airline for international services and AirTran is providing the start to the company for offering its services to the destinations l ike Caribbean and Mexico. The company looks for innovative ways to provide the customers with more value and choices. Southwest Airlines has always been pioneer in providing better and new ways to fly. The airline has always provided low cost, friendly and reliable ways to provide value to the customers (Kelly, 2013). 2. Measurement and Control System The airline is leading amongst the major low cost airlines operating in the industry. The company has been affirming their position as low-fare not by harassing, annoying or making the customers expectation trivial but by launching ‘No Change Fees and Bags Fly Free campaign’. They are ranked first in Customer satisfaction by US Department of Transportation and ranked fourth in the Fortune 2011 list as the most admired company. To reach such a position the company has to follow several measures both in financial performance and customer satisfaction. Apart from this the company also uses the environment control system (Sout hwest Airlines, 2010). 2.1 Financial Measures The financial statement of the Southwest Airlines is prepared according to the generally accepted accounting principles (GAAP) followed in United States of America. The financial statement under GAAP requires reclassification and adjustment of unrealized non-cash items. This is important as a result of accounting obligation and selection under accounting declaration regarding hedging and derivative instruments. The company also provides

Evaluating Organizational Behavior Research Paper

Evaluating Organizational Behavior - Research Paper Example This paper illustrates that through observing from both internal and external perspectives, individuals understand why people tend to behave in a particular manner within a team environment. PepsiCo. Inc is a multinational corporation from the United States (USA) that deals with food and beverage with its headquarters at New York in the USA. The company engages in manufacturing, marketing as well as a distribution of beverages, grain-based snack foods, as well as other products. The multinational engages in business operations throughout the continent. A focus on the company’s human resource policies proves essential to understanding its organization behavior. With distribution channels and manufacturing units all around the globe, the company realized the reason for successful operation is achieved through enhancing effective human resource policies. The code of conduct and Human Rights Work Policy of the company outlines guiding measures that ensure an embodied companyâ€⠄¢s policy that enhances in dealing fairly and honestly with the company’ s associates regarding wages and benefits as well as other employment conditions. The company provides equal opportunities for associates without tolerance for discrimination and thereby ensuring compliance with all applicable regulations, laws as well as other employment standards. Consequently, the company maintains a â€Å"Speak Up† policy line operational for twenty-four hours and an internet portal to enhance reporting of any alleged or suspected human rights abuses. The company respects workers dignity in the workplace as well as ensuring the associate's rights to personal security, clean, safe, as well as the healthful workplace. The company also provides associates freedom from harassment and abuse of al manners. Fair treatment and honesty are consequently applied in relation to workers wages, benefits and all conditions of employment. The associates’ right to freedom of associatio n also remains a significant point of consideration within the company.

Eminent Domain and the Taking of Private Land by Governmental Entity Term Paper

Eminent Domain and the Taking of Private Land by Governmental Entity - Term Paper Example Brigham, that the right to own property and to possess it is a valuable and protected right. It is within this context that the right to made whole is interpreted. In making the owner whole under eminent domain, the courts must not confine quantification of damages to mere compensation for the value of the property. The courts must also take account of the expense that the proceedings will undoubtedly put on an unwilling private owner. It therefore follows that in making the owner whole, the government must take responsibility for all costs incurred by the owner in challenging the proceedings and proving damages.3 Therefore the significance of the right to own property is reflected in substantive and procedural laws that accompany eminent domain. As demonstrated in the Dade County ruling, the mere taking of property with compensation for the value of the property will not amount to just compensation. Compensation understandably must put the owner in the position that he or she would have been in but for the takings. This means the expenses that the owner is forced to undertake pursuant to the takings’ proceedings must be accounted for. Thus the constitutional basis of property rights is supported by the property owner’s right not to be deprived of his or her property without due process. Specifically, Article 1, Section 2 of Florida’s Constitution provides that â€Å"no person shall be deprived of life, liberty or property without due process of law†.4 Due process has been established to mean that the individual in question shall be accorded the opportunity to be heard and to challenge any intended action to deprive the individual of his or her private property.5 Thus procedural fairness is required in the deprivation of private property under Florida’s Constitution. Therefore reasonable notice and the administration of justice via a fair hearing are prerequisites for the taking of private property by the state in Florida purs uant to Florida’s constitution. Procedural due process however, can have different implications depending on the legal context. This is because procedural due process is tied to substantive due process.6 The connection between procedural fairness and substantive fairness lies in the general imposition of the right to challenge governmental taking of private property.7 Procedural fairness refers to the process that official must follow in depriving a citizen of his or her property. In this regard, the degree of procedural fairness typically corresponds with the severity of the proprietary right at risk. Substantive fairness proceeds on the basis that the law permitting deprivation of property is constitutional and presumes that any law that encroaches upon human rights is unconstitutional and therefore not valid.8 Deprivation of property conceivably invokes two different legal contexts, both of which can be deemed serious proprietary rights: police powers and eminent domain. P olice powers refer to the right of states to legislate for the protection of safety, health and morals.9 Thus police powers do not technically deprive the individual of his or her property, but rather deprives the individual of the right to use his or her property as he or she sees fit.10 Police powers are typically associated with ordinances and regulatory frameworks relative to zoning, building codes, health/safety standards, rent controls and city planning.11 These police powers are

Social communication Essay Example | Topics and Well Written Essays - 1000 words

Social communication - Essay Example fight it/Joseph Stalin, Malenkov, Nasser and Prokofiev/Rockefeller, Campanella, Communist Bloc/Roy Cohn, Juan Peron, Toscanini, Dacron/Dien Bien Phu falls, â€Å"Rock Around the Clock†/Einstein, James Dean, Brooklyn’s got a winning team/Davy Crockett, Peter Pan, Elvis Presley, Disneyland/Bardot, Budapest, Alabama, Krushchev/Princess Grace, â€Å"Peyton Place,† trouble in the Suez CHORUS Little Rock, Pasternak, Mickey Mantle, Kerouac/Sputnik, Chou En-Lai, â€Å"Bridge on the River Kwai†/Lebanon, Charles de Gaulle, California baseball/Starkweather, homicide, children of thalidomide/Buddy Holly, â€Å"Ben Hur,† Space Monkey, Mafia/Hula hoops, Castro, Edsel is a no-go/U-2, Syngman Rhee, Payola and Kennedy/Chubby Checker, â€Å"Psycho,† Belgians in the Congo CHORUS Hemingway, Eichmann, Stranger in a Strange Land/Dylan, Berlin, Bay of Pigs invasion/Lawrence of Arabia, British Beatlemania/Ole Miss, John Glenn, Liston beats Patterson/Pope Paul, Malco lm X, British politician sex/JFK, blown away, what else do I have to say CHORUS Birth control, Ho Chi Minh, Richard Nixon back again/Moonshot, Woodstock, Watergate, punk rock/Begin, Reagan, Palestine, terror on the airline/Ayatollah’s in Iran, Russians in Afghanistan/†Wheel of Fortune,† Sally Ride, heavy metal, suicide/Foreign debts, homeless vets, AIDS, crack, Bernie Goetz/Hypodermics on the shores, China’s under martial law/Rock and roller cola wars, I can’t take it anymore CHORUS We didn’t start the fire/But when we are gone/Will it still burn on, and on, and on, and on... White Riot: White riot - I want a riot/White riot - a riot of my own/White riot - I want a riot/White riot - a riot of my own/Black people got a lot a problems/But they dont mind throwing a brick/White people go to school/Where they teach you how to be thick/And everybodys doing/Just what theyre told to/And nobody wants/To go to jail! CHORUS All the powers in the hands/Of people rich enough to buy it/While we walk the street/Too chicken to even

Hobby, some sport activity Essay Example | Topics and Well Written Essays - 1750 words

Hobby, some sport activity - Essay Example The most popular cricketer in the world at the present is Sachin Ramesh Tendulkar who has attained the attention of the Indian populace as they believe he is their God and hence they follow each and every move of his. The game is professionally played in a few countries, most important of which are Australia, Bangladesh, Canada, England, India, Kenya, New Zealand, Pakistan, Sri Lanka, South Africa, an amalgamation of Central American states by the cricketing name of West Indies and Zimbabwe. Many people play it as a hobby because it gives them satisfaction and the me-too feeling that they can copy actions of cricketers is an emotional attachment. Some play it because they can relate to the game while others just play because it is their favorite pastime. Then again, there are the young ones who play cricket in the form of online cricket games, while some manage cricket teams through video programs which essentially link them with this game in one way or the other. The game of cricket is a bat and ball game which is played at 11 a side (players on each team). The field is a circle which has a pitch (also called the wicket) measuring 22 yards from one end to another formed in a rectangular fashion. Each team takes its turn to bat a quota of certain overs and then the other team bats. When one team bats, the other one fields and vice versa (Quester 1998). There are two on field umpires who supervise a match at all times. There is also a third umpire who sits with the match referee who in turn oversee the match proceedings. The game of cricket is governed by the International Cricket Council (ICC) which has its headquarters in Dubai, the famous city of the United Arab Emirates. Formerly, it was based in London, the capital of the United Kingdom. The laws of cricket are taken care of by the Marylebone Cricket Club (MCC) whereas there are Standard Playing Conditions for Test Matches, One Day Internationals and Twenty20 matches. Incidentally, these three forms of cric ket are the ones that are played by professionals all over the world, and especially in the countries mentioned above. Cricket is played both by men and women. The ICC takes care of both the men’s teams and the women’s teams that are put forward by the individual nations – all of which come under the auspices of the ICC. It is mandatory for all the member nations to comply with the rules and policies as laid down by the ICC so that there are proper standards which are in place as far as the playing conditions, doping issues and other factors are related (Level 1 Coaching Course 2013). Having a uniform set of rules means that the ICC has more control over the member nations and the game of cricket as a whole prospers as there is a parent body that has complete command and control regarding the sport. Cricket has always been historical in terms of its age and grandeur within England. It is due to this reason that its headquarters was in London until the 2000s. The English hold the rights for this sport mainly because they were the ones who started playing it for the first time. The first Test Match was played between England Australia back in the late 1880s. The first One Day International Match was played similarly between these two arch rivals in 1971 and the trend continued so on (Harrison 1999). Cricket has been able to make its mark just a single time –

Article question Assignment Example | Topics and Well Written Essays - 250 words

Article question - Assignment Example One of the major disadvantages of structured programming is redundancy of code. Since the program code is divided into modules therefore, there is a high possibility that the same code can be repeated in different modules. The perceived preference of object oriented languages over the more structural programming languages in industry today is due to some chief attributes of the object oriented programming paradigm. These attributes are encapsulation, information hiding and inheritance. These characteristics make programming easier in this paradigm. The object oriented programming model better reflects the human way of thinking and conceptualizing. The reason is that several objects are made while coding a program. For instance, a class is made on â€Å"person†. Then from this class different objects can be made like student, teacher, employee etc. this is similar to the thinking of mankind. 1. Information Hiding: Through information hiding dependencies among modules is reduced. It means that if in a home two children are given separate rooms and they are restricted to enter in the other’s room then each of them are only concerned with their own room and they don’t know the things of the other. 2. Encapsulation: It is communication between different things. For example if a person goes to a restaurant and orders rice to waiter. Then there is no communication between the person and cooker but through rice they are linked to each other. 3. Inheritance: The technique of â€Å"inheritance† is analogous to the inheritance of biological traits from parent to child in that certain characteristics and physical structures carry from one generation to the next. 4. Polymorphism: It means implementation of same thing in different ways. For example a kid asks his mother for meal. One way to is that mother serves the meal on the table while the other way is

Sexual Abuse in Prison Essay Example for Free

Sexual Abuse in Prison Essay The sexual abuse in prison is a serious problem in our country. It is compounded by the sheer number of inmates stepping inside the prison system every year. It is surprising to find out that our country is widely recognized as the one with most number of prisoners. This problem however is preventable and controllable if we will only change our attitude. We all have rights. Conviction for a crime no matter how heinous our crime is will not strip us of our rights. In a letter sent to the Human Rights Watch by a sender whose name was purposely withheld, the sender narrated his horrifying experience while he was inside Prison. He recounted†¦Ã¢â‚¬ Ive been sentenced for a D. U. I. offense. My 3rd one. When I first came to prison, I had no idea what to expect. Im a tall white male, who unfortunately has a small amount of feminine characteristics. And very shy. These characteristics have got me raped so many times I have no more feelings physically. I have been raped by up to 5 black men and two white men at a time. Ive had knifes at my head and throat†¦There is no supervision after lockdown. † (â€Å"No Escape Male Rape in US Prisons†) This excerpt speaks of an ugly reality inside the US prison. This is the reality that we have come to accept as part of the defects in the US prison system. This is the reality that has been institutionalized in our society which contributes not only to the perpetuation of violence inside prison but also to the spread of sexually transmitted diseases such as AIDS. (â€Å"Its Not My Problem†) The sad thing about this issue is that there seems to be nothing being done about this problem by government authorities. Is it because while we uphold the rule of justice and consider rehabilitation as one of the primary purposes of prison, at the back of our minds we think that the inmates deserve what happens to them while inside the prison? This research paper deals with the issue of sexual abuse in US Prison. I aim to discuss the different scenarios of sexual abuse and the power relations happening inside prison that is at the core of this problem. I aim to discuss of prisoners protected by domestic and international laws. Rights of Prisoners The issue of sexual abuse in US prison is extremely important nowadays considering that according to the new report of the Justice Department’s Bureau of Justice, our prison population has ballooned to a total of 2 million inmates. Research also shows that since 2002 one in every one hundred forty two US citizens is locked up in jail and out of the 1,200,203 state prisoners, 3055 inmates were younger than 18 years old. Robert Longley, 2007) Indeed, the increasing number of inmates in the US prison demands that this problem should no longer be ignored and that something be done eradicate this problem. At the outset, it is important to emphasize that prisoners too have rights regardless whether they have been convicted or not. The Eighth Amendment to the United States Constitution is emphatic about this point. It states that â€Å"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. On the other hand, those who are waiting for their convictions are likewise protected under the authority of the Fifth Amendment, which states that â€Å"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury†¦nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. † (â€Å"Fifth Amendment†) In the case of Deshaney v. Winnebago City Social Services Department 489 U.  S. 189 (1989), the Supreme Court has declared that when the state holds a person into custody and deprives him of his liberty that he is unable to care for himself and at the time it fails to provide him basic needs, the state violates the provisions of the Eight Amendment. Thus, the Eighth Amendment protects every prisoner from brutality imposed by the guards against him but also it requires the prison officials to give ample protection from violence that the other inmates may inflict on him. In a suit for violation of Eighth Amendment, however, the law provides that the inmate whose rights have been violated to prove the following: a) the objective element the extent of the injury the inmate has suffered which is so serous that it violates the society’s standard of decency and b) the subjective element – the prison knowing fully well that a violence has occurred â€Å"maliciously and sadistically† fails respond to this violence for the purpose of causing the inmate injury. (Hudson v. McMillian, 503 U.  S. 1, 14 (1992). ) Though it is quite easy to prove the first element, the second element is very difficult to prove and presents serious obstacle against an inmate who is contemplating on filing a suit against prison officials for violation of their Eighth Amendment. In addition to the protection guaranteed under the Eighth Amendment and Fifth Amendment to the United States Constitution, the DOJ has been granted authority to prosecute a public official for violating a prisoner’s constitutional rights. Thus, under Section 242 of the United States Code, â€Å"This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U. S. † (Sec 242 of the United States Code) However, in the same manner as the violation of the Eighth Amendment is difficult to enforce, so is the violation under this statute which requires the injured party to prove that the public officer willfully and intentionally deprived the prisoner of his right. International laws likewise provide ample protection to the condition of prisoners while inside the prison system. The International Covenant on Civil and Political Rights (ICCPR) of which the United States is a signatory clearly provides that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. † Indeed, all these laws affirm the basic principle that even prisoners do have rights under the law. Sexual Abuse in Prison At the outset, it is important to distinguish among the different circumstances of rape that happen within the four corners of the prison. Rape accompanied with violence is one of the more commonly known sexual abuses that happen in prison. Ordinarily, when we talk about prison rape, what comes into mind is a gang of prisoners approaching a lone prisoner from behind and raping him. According to the Department of Justice, in the 2004 alone , an estimated 8,210 allegations of sexual violence were reported by correctional authorities the equivalent of 3. 2 allegations per 1,000 inmates and youths incarcerated in 2004. (â€Å"Almost 2100 sexual violence incidents took place in the nation’s correctional facilities during 2004†) It must be stressed that when rape is accompanied by physical force and violence, things usually turn out ugly for the rape victim. He may suffer broken neck, dislocated shoulders, hips, and dislocated fingers. Things could get really bloody that there have been inmates who have been recorded to have died after a forcible rape. In an article in Houston Chronicle entitled â€Å"Mother Probes Son’s Death in Prison,† Randy Payne a 23 –year old white inmate was attacked by a group of about 20 inmates within a week after arriving at the Texas Prison. He later died of head injuries. Allan Turner) Indeed, forcible rape is such a common scenario inside prison that it may happen in any part of the prison. It could take place inside the shower, bathroom, washroom, and in sleeping areas. Forcible rape must however be distinguished from other forms of sexual abuse that also happens inside prison which is considered as most common and which takes place everyday in prison. This is called the coerced sex. In this scenario, no violence or force takes place but the victim willingly submits to the sexual favors by other inmates. It does not however follow that if sex was not accompanied by force or violence, the inmate has given his consent to have sex with the other inmate. It must be stressed that the prison system is a very coercive environment such that it very difficult to ascertain whether the victim has indeed agreed to consensual sex. This is similar with the confession obtained by police officers to a crime suspect while the latter is being held under their custody. In the same manner as there could be no voluntary confession in this scenario so is the case of consensual sex among inmates behind bars. The following are the most common reasons why consensual sex is very rare in prison. They explain why it is possible that even if the inmate has submitted himself to sex, the same is still considered as rape. The first is that the inmate becomes indebted to his other inmate because of some needs. Inside prison, there is widespread use of drugs. For some inmates they may not have the money to buy drugs or even food from other inmates. Another prisoner feigning to want to befriend this inmate offers him drugs for free. This â€Å"free offers† may include cigarettes, food, water, or even an extra pillow. For some time, this other inmate will make it appear that he merely wants to befriend this other inmate. Later on, he will ask that all these debts be repaid. If the inmate does not have the money then sexual favors might be asked in return. Another scenario is when another inmate poses as a protector of the victim. In this scenario, the group of inmates will set up their victim by threatening the victim with bodily harm and injury. At the point when they are about to hurt their victim, this â€Å"protector† will scare the other group of inmates away. This constant threat he receives from the other groups make the victim fear these inmates. He is then forced to befriend the other inmate who acted as his protector. They later on become close and they become friends. After the frequent protections, the inmate will not ask that his favors be repaid sexually. Male rape is not only a common thing inside prisons, as for female prisoners, the enemy is not their fellow prisoners but much worse. They are the male prison guards and correctional staff. The problem of sexual abuse among women prisoners is much worse precisely because of their sheer number. Research shows that the United States has earned the distinction of incarcerating the most number of prisoners. Most of these prisoners are women and there number is increasing exponentially. According to studies, since 1980, the number of women entering US prisons has risen by almost 400% roughly double the incarceration rate increase of males†¦According to current estimates, at least half of all female prisoners have experienced some form of sexual abuse prior to incarceration†¦Ã¢â‚¬  (â€Å"All Too Familiar: Sexual Abuse of Women in State Prisons†, 1996) It must be stressed that this form of sexual abuse against female prisoners is worse because here the correctional officials not only become remiss in their duty to protect the inmates but they also violate the moral and legal obligation to them. Also, the male prison guards and correctional staff commit their crime with impunity using not only force but their supreme authority to give these women goods or deny them certain privileges depending on whether they â€Å"consent† to have sex. Lack of Response of Prison Officials The problem of prison rape in our penal institutions is indeed immense. Though there have been high-profile cases involving sexual abuse in prison, this problem is far from being resolved. The fault lies in not just one person or institution but in our indifferent attitude to this problem. Society perhaps may think that convicted prisoners deserve this condition inside prison. Surprisingly we will notice that prison and correctional officials are not severely punished for their transgressions. While some have been found guilty, most of the time, the punishment imposed on correctional officials would involve their reassignment to other penal institution and suspension for up to 30 days. They consider this as an administrative matter. The judiciary which is supposed to protect the oppressed likewise offers no solution to this problem as they would consider this problem as an internal matter and would rather allow prison officials to handle this matter amongst themselves. The indifferent attitude of our correctional officials to one inmate raping another is likewise depressing. Their action on this matter will mainly be limited to transferring the prisoner to another penal facility. I believe that the problem of sexual abuse will be reduced if not prevented not necessarily by punishing prison officials. The response need not be limited to their strict punishment as avoidance measures may be instituted as a matter of prison policy. Most of the time, this problem happens because the prisoner does not know what to expect in prison. He has no knowledge what happens inside prison and he does not know what to do in case something like this happens. In some states, particularly North Carolina, initiatives have been made to prevent rape by an inmate against another by conducting inmate orientation. Among the topics discussed in this orientation are not only the house rules and the day to day activities of the inmates but also information that rape may happen while they are inside the prison and tips on how to avoid getting rape. They should be prepared on the possible tricks that their fellow inmates may play on them and they should be advised to refuse any offers for food and drugs that they may later on be asked to repay. Secondly, prisoner classification should be given priority by prison officials. It must be stressed that in most prisons the hard core prisoners are mixed with first timers. When this happens the new comer becomes easy target by them. Thus, classification of prisoner and separating those newcomers from the others will provide a good alternative against rape. Thirdly, I believe we should start changing our attitudes on the issue of prison rape. This is not just an administrative misconduct but a grave offense. This issue should therefore be addressed seriously and swiftly. If a complaint is received that prison officials has raped an inmate, investigations should be made and he should immediately be prosecuted and criminal charges should be immediately filed.

Current Definition Of Recklessness Within Criminal Law Law Essay

Current Definition Of Recklessness Within Criminal Law Law Essay Recklessness is a problematic area of the criminal law, since there is no strict definition of what constitutes it. Statutes make provision for the presence of recklessness, but have yet to define it strictly, thus it falls on the hands of the judges to interpret what is meant by recklessness. It is therefore most easily delineated via case law. Judges have had to rely on explanations in important case reports in order to decide what amounts to recklessness. This has meant delving through colossal number recklessness cases in order to find out whether the case in question falls within the confines set out there. Realising this is challenging, the Law Commission have sought to remedy the situation, by releasing several working papers on the issue. One of them gives the following explanation: a person acts recklessly [if] he is aware of a risk thatà ¢Ã¢â€š ¬Ã‚ ¦exists or will exist [or] à ¢Ã¢â€š ¬Ã‚ ¦when he is aware of risk thatà ¢Ã¢â€š ¬Ã‚ ¦will occur and it is, in the circumstances known to him, unreasonable to take the risk.  [1]   This assignment will start by putting forward a concise history of intent in recklessness. The development of the law in this area will be looked out with the aid of case law such as Cunningham [1957] Caldwell [1982] and RvG [2003]. This paper will provide an evaluation of the current definition of recklessness within criminal law. In order to identify and understand the concept of recklessness, intention needs to be discussed. The 19th century criminal legislation required that defendants had to have acted `maliciously and `unlawfully when committing an offence. The accused will act unlawfully if he fails to present a lawful reason for his act, he would be considered acting maliciously once he satisfies the level of Mens Rea required for the Actus Reus. The word `malicious introduces the requirement of Mens Rea. The statutory definition of `malice is, requiring an actual intention to do a particular kind of harm that in fact was done, or reckless as to whether such harm should occur or not. The accused has foreseen that particular harm might be done, and has gone on to take the risk. The word `maliciously means in relation to the law of England and Wales `an intent or recklessness  [2]  . Intention is the highest level of Mens Rea. Mens Rea means `guilty mind in Latin. Intention differs from recklessness; intention commands a severe penalty within the criminal justice system, morally intent is considered objectionable, adjacent to recklessness. Recklessness was first used within criminal statute with conjunction to the Motorcar Act 1903. Professor C S Kennys opinion of recklessness required actual awareness by the defendant of the likelihood of the particular harm. Kenny considered it an element additional to awareness of risk, indifference whether the foreseen harm occurred or not. Another view is that an individual is reckless if he takes a known risk, even if he ardently trusts the foreseen harm, will not occur  [3]  . In 1957 the case of Cunningham transformed the interpretation of Recklessness. In R v Cunningham D broke a gas meter to steal the money contained within the meter. Gas seeped from the broken pipe and into the house next door, where Ds mother-in- law was sleeping. The mother-in-law became so ill, that her life was endangered. D was convicted of unlawfully and maliciously administering a noxious thing as to endanger life or inflict grievous bodily harm under S.23 of the Offences Against the Person Act 1861. Cunninghams conviction was quashed because of misdirection of the trial judge as to the meaning of maliciously.   The Court of Appeal held that malice must not be taken as to mean wickedness, but as requiring either (1) an intention to do the particular harm that was done, or (2) reckless as to whether such harm should occur or not  [4]  . Recklessness in this sense means foreseeing that harm might occur, and going ahead with the act anyway. This is called a subjective test, i.e. the accused is reckless if he realised there was a risk of gas escaping and endangering someone, and went ahead with his action anyway. Prof. Kenny wrote in his first edition of `outlines criminal law that, intent or recklessness had to be proved, as mentioned previously, he also stated that ` it neither limited to, nor does it indeed require any ill-will towards the person injured  [5]  . For a defendant to be guilty under Cunningham recklessness he must have consciously undertaken an unjust risk, he must realise that there is a risk involved. However, if he continues to carry on with his conduct, he is then reckless. The case defined a type of recklessness that the knowledge of appreciation of the risk of some danger must have entered the defendants mind even, though he may have suppressed or driven it out  [6]  . Cunningham is considered the first limb of recklessness the second limb arises from the case of MPC v Caldwell (1982). The second test of Recklessness, Caldwell created a new and wider test. D was an ex-employee of a hotel and held a grudge against its owner. He started a fire at the hotel, which caused some damage D was charged with arson. The old Cunningham test of recognising theres a risk and going ahead anyway, was extended to include a second limb; namely that the D does an act which creates an obvious risk and, has not given any thought as to the possibility of there being such a risk  [7]  . The Caldwell test for recklessness is objective, i.e. the risk must be obvious to the reasonable man, in that any reasonable man would have realised it if he had thought about it. Although, it need not be obvious to the defendant: Elliott v C [1983] and R v Coles [1994]. Lord Diplock stated that the definition of recklessness in Cunningham was too narrow for the Criminal Damage Act 1971, recklessness, should not only include the Cunningham meaning. Lord Diplock stated that a person is reckless as to whether any property would be destroyed or damaged if; he does an act, which in fact creates an obvious risk that property would be destroyed, or damaged. Additionally when the act is committed he has not given any thought to the possibility of there being any such risk, alternatively, he has recognised that there was some risk involved and has nonetheless gone on to do it  [8]  . Hence, for Caldwell recklessness to be satisfied, D does not have to foresee a risk, nevertheless takes a risk that would have been obvious to a reasonable prudent man. The It was deemed that after Caldwell whenever the term reckless was involved, an objective approach would be applied to the case. However this changed with the decision in RvG, as a subjective test was applied, instead of an objective test. It was deemed that a subjective test would be applied because the Caldwell test was seen to be a model direction which contained inconsistencies and lacked precision  [9]  . The RvG case reinstated the subjective test from R v Cunningham  [10]  (Cunningham) and clarified the law on recklessness by overruling the objective test in Caldwell. Additionally one can note that from RvG, this subjective definition of recklessness would be applicable in all statutory offences of recklessness and not the definition which was illustrated in the Cunningham case. The House of Lords decision in RvG enforcing this definition of reckless, illustrated a significant impact by eradicating the definition of recklessness in Cunningham. One can note that this impact of the decision conveyed the problems with the definition of recklessness under Cunningham. For example, within the Cunningham definition, the test only refers to taking risks as a result and makes no mention of taking risks as to a circumstance. However the law commission draft criminal code adds an additional restriction on finding the term reckless. Additionally, under the draft criminal code there is the additional requirement of the awareness of the risk and that the actual damage caused might occur. Thus the reformed definition of subjective recklessness conveys a more acc urate and broad scope of the meaning of recklessness, compared to the Cunningham definition of subjective recklessness. As a result of this reform, a subjective approach will be incorporated when assessing the term recklessness. Consequently it can be seen that the House of Lords in G and another did in fact adopt the better test in terms of policy and principle. Also English law has progressed to the point where there is, almost certainly, now only one test of recklessness  [11]  which is of a subjective nature. Additionally from the Cunningham case, the expression Maliciously was replaced with the expression reckless in RvG by Lord Bingham in the House of Lords. Maliciously was an expression which was formerly recognisable within the House of Lords. This proposal was changed because the term maliciously was seen to be too narrow and with limited scope. However, the expression reckless is considered to have a wider capacity for interpretation. Therefore this modification of expressions portrays a positive impact of the decision of the House of Lords in RvG. The reasonable adult was an issue raised in RvG from the objective approach in the Caldwell test. The issue of a reasonable adult was challenged in a previous case known as Elliott v C  [12]  . This case highlighted the negative aspects of objective recklessness as the person in question was fourteen years of age with learning difficulties. Evidently the risk must be obvious to the reasonably prudent person, and not necessarily obvious to the defendant. Therefore this conveys the problems within the Caldwell test as it does not cover everything, including individual characteristics. In this case the fourteen year old girl was guilty of criminal damage as she failed to consider the risk which would have been obvious to a reasonable person. In Hardie,  [13]  which came after Elliott v C, contradicted the judgement of the latter. Hardie became intoxicated after taking valium, believing them not to be dangerous. While under this influence, he set fire to his ex-girlfriends house, with her in it. Originally convicted, Hardie appealed and his conviction was quashed on the grounds that in itself, the taking of valium was not reckless. This is contradictory because his actual mental state was considered, which was not the case in Elliott v C. Subsequently this issue was raised in RvG, where within the trial, Lord Diplocks direction in Caldwell was used and disagreement occurred as the issue of the reasonable adult was accepted in being aimed at the children of ages eleven and twelve. From this trial, the case went onto the House of Lords, which unanimously answered the conflict of this question. The impact of the House of Lords decision in RvG illustrated great criticisms on the Caldwell test, in where it was noted that the Caldwell case was based on fragile foundations because the law commission report was not referred to  [14]  and subsequently was referred to in RvG. Additionally this impact of criticism upon Caldwell was heavily enforced by other law lords, for instance, Lord Hutton illustrated his criticism nature by expressing Experience suggest that in Caldwell in law took a wrong turn  [15]  and agreeing with Lord Bingham. Therefore conveying Lord Diplocks decision in the Caldwell case was incorrect. Furthermore Lord Diplocks decision in the Caldwell case has been criticised by many academics who have described the decision to be Pathetically inadequate, slap happy and profoundly regrettable  [16]  . Therefore the decision in the House of Lords in RvG illustrated these criticisms by rejecting the Caldwell recklessness approach. On the other hand, one can note that the decision in RvG in the House of Lords has had significant criticism on the basis of the outcome of the case. Academics have criticised RvG that the decision of the case should have been different. For example, Professor Keating criticised the decision of RvG by where in his investigation, he revealed 69% of members of the public do regard behaviour such as that of the boys as criminally blameworthy  [17]   thus illustrating that the boys between ages eleven and twelve in RvG were old enough to appreciate the risks involved. Additionally, the House of Lords decision in RvG has conveyed an impact of a criticising nature. It can be seen that as a result of RvG, there are critics that illustrate that it will be too easy for a defendant to state that they have not considered a risk to others and therefore may by acquitted at their case. On the contrary, the House of Lords have reasserted the subjective test instead of the objective test seen in Caldwell and have also established that if the defendant is voluntary intoxicated, they can be convicted without the awareness of the risk present. In the RvG case, the House of Lords conveyed this to be seen as a special exception in accordance with crimes concerning intoxicated individuals. Evidently this conveys how the House of Lords in RvG took into account of refining the Caldwell test due it being unfair, and achieving justice by taking into consideration, individual characteristics which werent present before in the Caldwell test. As mentioned above, one can note that the House of Lords decision in RvG illustrated criticism thus conveying a negative impact of the case. This can be seen as the RvG case only overrules the objective test in criminal damage, therefore the Caldwell test still applies today in certain cases after RvG, this can be seen in R v Castle (Mark Anthony)  [18]  , in where both the RvG and Caldwell tests were applied. Additionally Simester and Sullivan, both academics argue that Caldwell reckless could still be applied in some offences  [19]  , an example in where Caldwell has been applied can be seen by the Data Protection Act 1998  [20]  . Alternatively, one can suggest that there has been a positive impact of the House of Lords decision in RvG. This can be conveyed by where the courts no longer have to distinguish what type of recklessness has to be applied and the House of Lords in RvG has illustrated that the subjective one will be upheld in future cases concerning recklessness. Therefore this has allowed the courts to scrutinize the expression reckless more easily than seen in cases before RvG. An illustration of this can be seen in Eliot v C as noted above. In addition one can note that RvG case has ruled out a clear distinction between negligence and recklessness. It can be illustrated by previous cases that before the decision in RvG, there was not a clear distinction between both concepts. An example of a case is Chief Constable of Avon v Shimmen  [21]  . Within this case, it was deemed that a person who stops to think will still be liable if he realised there was some risk. Therefore this case illustrates that the Caldwell test made individuals guilty who previously were not guilty due to them being careless, but now after RvG are reckless. Overall, one must appreciate the House of Lords decision in RvG, which has allowed a subjective test to be reasserted when referring to recklessness and introduced a reformed definition of subjective recklessness. Additionally the decision has allowed a clear distinction to be applied when assessing negligence and recklessness cases. Moreover, the Caldwell test has been overruled in relation to criminal damage. Furthermore it can be identified above that there are both positive and negative impacts which have departed from the RvG decision in the House of Lords. Having analysed all of the above facts and cases, it is clear that the law on recklessness has been problematic, and often contradictory in the past. However the case of RvG has gone somewhat to remedy this issue and can be said to have succeeded in many respects. But there is still room for a statutory reform even though it may be vastly difficult to make statutory provision for all potential problems within recklessness. However, in the long run, statutory definitions of all that constitutes recklessness, and explanations of issues surrounding the topic, would be most useful, and save the judiciary time and money. Booth v Crown Prosecution Service (2006)

The Republican Party Essay -- American Government, Minorities

Though the Republican Party was founded on pro-minority ideals and continued to have the support of minorities its reputation quickly began to change. Wagner (2007) states that during the early late 1800s and the early 1900s, Republican support weakened among the working class. In addition, many Americans, including a sizable number of Republicans, believed that American society had lost its moral fiber. As a result of these factors, many Republicans became affiliated with the Progressive Movement, a reform movement designed to assist the working class attain better working conditions in the form of religious fundamentalism. During the Progressive Era, the Republican Party split into two groups: those Republicans interested primarily in reforming America and those Republicans still favorable to business. This division permitted the Democratic Party to gain control of the presidency between 1913 and 1921. The principal reason for why Republicans did not maintain control of the presid ency during the 1930s was the Great Depression. The American people blamed Republican presidents for causing this economic downturn and chastised the government for not responding to the needs of the people more quickly. These complains particularly harmed the minority vote and caused them to favor the Democratic Party. Therefore, the majority of racial minorities voted Democratic presidential candidate Franklin D. Roosevelt in the election of 1932 who created various government programs aiding racial minorities. During the 1940s and 1950s more moderate Republicans gained control of the party. Though President Eisenhower lobbied for equal rights for women and ethnic groups from 1953 to 1961, Republican Senator Joseph McCarthy gained power and influenc... ...otes. Though Democrats was the majority in the House of Representatives with 259 members to 176 Republicans, almost as many Republicans voted for the civil rights bill as Democrats in the Civil Rights Act of 1964. The final vote was 290 for the bill and 130 against where 152 were Democrats and 138 were Republicans (meaning three-fourths of those who voted against the bill were Democrats). Another example was when Lyndon Johnson opposed civil-rights legislation while in Congress, but as president sought to pass the Civil Rights Act of 1964 and the Voting Rights Act of 1965. He argues that neither would have passed without the strong support of congressional Republicans (149-161). The above evidence proves that not only is the Republican Party misaligned with its pro-minority ideals, but the Democratic Party influenced the negative reputation of the Republican Party.

The Root of the Narcotics Problem in the United States :: essays research papers

THE ROOT OF THE NARCOTICS PROBLEM IN THE UNITED STATES The United States is suffering from an epidemic caused by the use of drugs. The majority of criminals in the prison system are convicted on drug charges, and the majority of the population has been exposed to at least one type of illegal substance. The main problem that the United States faces in the War on Drugs is the lack of education to the citizens on the dangers that the drug trade poses to the individual and the mass population.   Ã‚  Ã‚  Ã‚  Ã‚  The American child is bombarded by scenes on the television that depict the glamour of the drug world; the way that drugs make people feel good and the easy money that can be made are only a couple of examples that are presented on television. The movie and television industry make millions of dollars every year with episodes of drug lords that are victims of law enforcement and are many times made out to be the â€Å"good guy†. This type of open media, which may seem harmless to an adult, gives the child the opinion that drugs are all right.   Ã‚  Ã‚  Ã‚  Ã‚  Without proper instruction beginning at the earliest of ages, the child grows up thinking that drugs are harmless and this increases the risk of curiosity. The Department of Education mandates classes on math, reading, and science but there is no set curriculum to teach the American child about the dangers of drugs. In order to best arm children about the drug problem that will be faced in the near future, there needs to be a set standard for all students to learn about drugs and the damage that is produced from the use of the illegal substances.   Ã‚  Ã‚  Ã‚  Ã‚  The damages that drugs cause does not just stop at the individual and more often than not, the users are actually responsible for greater criminal offenses. The person that is using drugs, even if only social or experimental, is supporting a crime spree that is taking away the life of the â€Å"American Dream†.   Ã‚  Ã‚  Ã‚  Ã‚  The American child will grow up and move into adulthood keeping the same idea that drugs are harmless, and this is why the drug world is tolerated and sometimes overlooked by the common citizen. Given enough education about the real dangers of the drug activity, the average American will make correct choices about the illegal activities.   Ã‚  Ã‚  Ã‚  Ã‚  On September 11 many American citizens were outraged and wanted to know what could be done about the War on Terrorism. The Root of the Narcotics Problem in the United States :: essays research papers THE ROOT OF THE NARCOTICS PROBLEM IN THE UNITED STATES The United States is suffering from an epidemic caused by the use of drugs. The majority of criminals in the prison system are convicted on drug charges, and the majority of the population has been exposed to at least one type of illegal substance. The main problem that the United States faces in the War on Drugs is the lack of education to the citizens on the dangers that the drug trade poses to the individual and the mass population.   Ã‚  Ã‚  Ã‚  Ã‚  The American child is bombarded by scenes on the television that depict the glamour of the drug world; the way that drugs make people feel good and the easy money that can be made are only a couple of examples that are presented on television. The movie and television industry make millions of dollars every year with episodes of drug lords that are victims of law enforcement and are many times made out to be the â€Å"good guy†. This type of open media, which may seem harmless to an adult, gives the child the opinion that drugs are all right.   Ã‚  Ã‚  Ã‚  Ã‚  Without proper instruction beginning at the earliest of ages, the child grows up thinking that drugs are harmless and this increases the risk of curiosity. The Department of Education mandates classes on math, reading, and science but there is no set curriculum to teach the American child about the dangers of drugs. In order to best arm children about the drug problem that will be faced in the near future, there needs to be a set standard for all students to learn about drugs and the damage that is produced from the use of the illegal substances.   Ã‚  Ã‚  Ã‚  Ã‚  The damages that drugs cause does not just stop at the individual and more often than not, the users are actually responsible for greater criminal offenses. The person that is using drugs, even if only social or experimental, is supporting a crime spree that is taking away the life of the â€Å"American Dream†.   Ã‚  Ã‚  Ã‚  Ã‚  The American child will grow up and move into adulthood keeping the same idea that drugs are harmless, and this is why the drug world is tolerated and sometimes overlooked by the common citizen. Given enough education about the real dangers of the drug activity, the average American will make correct choices about the illegal activities.   Ã‚  Ã‚  Ã‚  Ã‚  On September 11 many American citizens were outraged and wanted to know what could be done about the War on Terrorism.

The Caspian Basin and the Caspian Environment Programme Essay -- Natur

The Caspian Basin and the Caspian Environment Programme The Caspian Basin is a unique ecosystem, the largest inland body of water in the world; and yet its importance in global politics is much more linked to its wealth of natural resources of oil and gas, rather than to any intrinsic environmental worth. This paper will analyse the policy process concerning a regional international regime, the Caspian Environment Programme (CEP). This organisation was initiated by major external donor actors, including the United Nations Development Programme (UNDP), the United Nations Environment Programme (UNEP), and the World Bank, yet intimately involves the five littoral states of the Caspian: the four ex-republics of the Former Soviet Union (FSU) – Russia, Kazakhstan, Azerbaijan, Turkmenistan – as well as the Islamic Republic of Iran. When considering the area of policy process analysis, it is essential to remember the complexity involved, but most importantly, that the various elements, whether the actors, institutions, or the instru ments involved, are all influenced and shaped by how the process has developed before. It is this interaction of change, a product of policy feedback and learning, together with continuity, which informs the policy process. While the CEP is a new organisation (officially established from mid-1998), it is heavily influenced by the inputs of the aforementioned donor agencies, which are operating within institutional constraints and a contextual process. In addition, when analysing the efforts to safeguard the ecological and environmental aspects of the Caspian, there is the problem of common pool resources, where there is every incentive to exploit the natural resource wealth, while taking little responsibil... ...g/unep/section2.htm UNDP: http://www.caspianenvironment.org/undp.htm World Bank: http://www.caspianenvironment.org/wb.htm Saiko, T. A. and Zonn, I. S. (1996). "Europe’s First Desert." In Glantz, M. H. and Zonn, I. S. (eds.) Scientific, Environmental, and Political Issues in the Circum-Caspian Region. (pp.141-144) Dordrecht: Kluwer Academic Publishers. Sievers, E. W. (2001). "The Caspian, Regional Seas, and the Case for a Cultural Study of Law." Georgetown International Environmental Law Review, 13, pp.361-. State Dept on-line sources: http://usinfo.state.gov/regional/nea/mena/caspdip.htm#9 Vinogradov, S. V. (1996). "Toward Regional Cooperation in the Caspian: A Legal Perspective." In Glantz, M. H. and Zonn, I. S. (eds.) Scientific, Environmental, and Political Issues in the Circum-Caspian Region. (pp.53-66) Dordrecht: Kluwer Academic Publishers.

Bmgt 488 Chp 8 Exercise 6

Page 286-287 6. You have prepared the following schedule for a project in which the key resource is a backhoe. This schedule is contingent on having 3 backhoes. You receive a call from your partner, Brooker, who desperately needs 1 of your backhoes. You tell Brooker you would be willing to let him have the backhoe if you are still able to complete your project in 11 months. Develop a resource schedule in the loading chart that follows to see if it is possible to complete the project in 11 months with only 2 backhoes.Be sure to record the order in which you schedule the activities using scheduling heuristics. Activities 5 and 6 require 2 backhoes, while activities 1, 2, 3 and 4 require 1 backhoe. No splitting of activities is possible. Can you say yes to Brooker’s request? Legend |ES |ID |EF | |SL |RES |SL | |LS |DUR |LF | RESOURCE | | |Schedule the resources load chart with ES and Slack updates | 1 2 3 4 5 6 7 8 9 10 11 12 13 ID |RES |DUR |ES |LF |SL | | | | | | | | | | | | | | | | | | | | | | |1 | | | | | | | | | | | |1 |1 |1 |0 |5 |4 | | | | | | | | | | | | | | |2 |1 |2 |0 |3 |1 |1 |1 | | | | | | | | | | | | |3 |1 |3 |0 |3 |0 |1 |1 |1 | | | | | | | | | | | |4 |1 |2 |2 |7 |3 | | | | | | | |1 |1 | | | | | |5 |2 |4 |3 |7 |0 | | | |2 |2 |2 | | | | | | | | |6 |2 |2 |7 |9 |0 | | | | | | | | | |2 |2 | | | RESOURCES SCHEDULES |2 |2 |2 |2 |2 |2 |2 |1 |1 |2 |2 | | | |RESOURCES AVAILABLE |2 |2 |2 |2 |2 |2 |2 |2 |2 |2 |2 |2 |2 | | Yes, you can give Brooker one backhoe, however, you have increased the risk of being late if a delay should occur. List the order in which your activities were scheduled. (3, 2, 1, 5, 4, 6)

Marketing Synopsis

After the Initial success of the casual shoes, GOES expanded its market towards the apparel and the sports shoe market as well, thereby demonstrating the power of Innovation. Since then, GOES had carved out a niche for itself through distinctive innovation. It has been adopting strategies to ensure that it could successfully renew its technology, products and process, and maintain long term competitiveness. Key Issues and Fact Finding: * According to us, first issue was, Polecat had no prior knowledge in the field of engineering and shoe industry. The research process was exhaustive.After insulting various publications and encyclopedias he recognized that a watertight breathing membrane worn by NASA astronauts can act as a prototype for his shoes. * After patenting the new technology, second issue was that none of any shoe leading companies in Italy showed interests in his product. This led him to manufacture the shoes all by himself. * Third Issue was that after diversifying Its pro duct portfolio and expanding Internationally, GOES could not enter sports shoe market as it had intense competition and it required a very different technology.Polecat felt that every sector requires a different mind-set, but in response to nonuser requests, Golf Shoe range was launched in 2009. * The last and the major key Issue was that shoe market was highly competitive and to maintain Its position, only innovation could not help. The shoes must be stylish and trendy enough to match the style offered by others. Thus GOES had to constantly work on product differentiation while maintaining its quality and costs. Key Learning: * The very first thing this case teaches us is that â€Å"Necessity is the mother of invention†.We must be constantly aware of our surroundings. One should have zeal and enough confidence on oneself to convert the opportunity in potential offering. Polecat realized the necessity of the shoes that breathes and created a new market altogether. * Take smal l steps and have full faith in your potential. Polecat initially 1 OFF small. This gave him an opportunity to test the response of the customers in limited period of time. After getting satisfactory response, he then switched over to men and women wear and expanded the market gradually. * â€Å"Think big†.Initially he started locally and then expanded its target market by entering in apparels and sport shoes. The company then, internationally diversified its product portfolio. Polecat realized his true potential and knew to what extent he could go. Questions: IQ . What do creativity and innovation Signify and entail? What are the key types of innovation? SQ. Analyses Goose's innovative strategy in detail. What are features of this strategy that have made Goes shoes a success? What factors, other than product innovation, does Goes owe its competitive advantage to?Q. 3. Assess the market environment of the industries Goes operate in. Who are Goose's key competitors? What Strate gies and options are available to Goes for sustaining its position in these industries? ANSI : Creativity: The process of generating ideas and new ways of doing things is called as creativity. This term is more frequently used in arts. It more refers to the thought process. Innovation: The process of generating ideas and filtering them checking the feasibility of the idea and implementing the idea to create value is called innovation.In simple terms it is the process of creating value by generating new ideas or changing existing ideas. Creativity is a part of innovation. Types of Innovation: Product Innovation: It involves the process of creating new products or altering existing product with new technology in order to create value to the customer. Process Innovation: It involves the key changes in the way of doing business. Impact of process innovation would be big. It should be communicated with the end user effectively.Service Innovation: Creating new service applications which e nables the customer much convenience. NAS:2 Innovation strategy for GOES: A good idea, constant collaboration with universities in order to see if idea is feasible and improve it and a patent to protect the innovation. Success Factors: * Company invested heavily in R&D. In 2008 GOES spent SIS$ 20. Million on R&D expenses. * GOES emphasized on the value of the patents. It made development of â€Å"Breathing Technology' its mission and held over 50 patents in this field.These 50 include Rubber soles patent, Leather soles patent, Apparel patent, patents related to processes, equipment and machinery and material. These patents helped in gaining competitive edge. Factors that Gave Competitive advantage: They positioned themselves as one of a kind catering to the entire family. Product categories were based on the target customer Target customer: Male, Female, Pricing: Medium to medium-high price range of market Product Categories: Classic products which were elegant and traditional.Casu al products which were wearable and adaptable. Production: High quality standards, continuously improving flexibility and time to market, Cost leadership. Marketing: They concentrated around the product features I. E. Technology rather than only concentrating in the fashion and style thus making a clear differentiation from other products. They advertised using the images of product and breathable sole technology. Distribution System: Very efficient and adaptable distribution system for each country they operate in based on their structure.

Business Fashion Affects Consumer Behavior

Business fashion affects consumer behavior Position 1. 1 Current situation Fashion trend always affect how the majority wear. Recently, a series of casual wear fashion brands have arrived Hong Kong. It drives hundreds of thousands of youngsters or young adults crazy on western casual wear style. It is not hard to observe this in streets. This attributes to fashion brands usually push a mass promotion towards the targeted consumers together with an attractive and all round market offering. fashion brands not only provide a product, but also shopping experience with well created shopping environment, well trained salespersons and well organized after sales services) That’s why consumers are attracted to follow their trends by becoming so fence to the fashion brands. 1. 2 How it affects Consumer behaviors are affected by different stimuli, including marketing strategies. It influences the buyer’s black box, which are buyer characteristics and decision process.For fashion b rands, they usually utilize different marketing strategies in order to adapt or influence social, personal, cultural and psychological factors that affect buyer’s black box and therefore their purchase decision. 1. 3 Reasons behind If fashion brands successfully influence the buyer’s purchase decision, they can gain a huge business chance. That means if they can make up a fashion trend that consistent with their clothing style, it would bring such a million dollar sales.As it becomes a fashion trend, consumer will not only buy it for once, but become loyal as long as it is still ‘fashionable’ to them. it would bring a continuous benefit but not all-for-once. Problems 2. 1 Consumer To some extent, it in fact creates an unnecessary consumption which means it is not purchasing for need. Many exact need recognition to purchase are implied by external stimuli which is not internally implied by consumers itself but made by marketers. Just try to think, how many clothes you bought for need only but not because you think it is good.Why you feel good to the product, which might be it is chic, mostly for the teens and young adults. That implies a problem of overconsumption or even existence of shopaholics or any personal finance. 2. 2 Fashion Fashion brands would create fashion trends to match their clothing style. That might affect the independency of the art of fashion. Fashion is an art, is an expression, is an time mark. It represents many things that weigh. It is more than a business. If it has been used as a market strategies, that , to some extent, limit or even destroy fashion.At least some fashion designers might sacrifice the art value of fashion and turn their design to business oriented, that the fashion design should suit their business marketing strategies. Like many renowned fashion brands, they would fine tune the product shown in the fashion catwalk show before it is sold. Like the high heels designed specially by YSL, which i s a round shape like a quarter of a circle with heel when you look by side, the level of heels have been lowered and fine-tune their design before it is launched to the public.

Marketing mix of a beer company Essay

Introduction It was in October 1992 when The Black Sheep Brewery beers first made an appearance in pubs in and around the Yorkshire Dales. The delivery of those first casks of beer over ten years ago began a new era for Paul Theakston, whose family has brewed in Masham for five generations. It also allowed him to put behind him the heartache left by the often acrimonious battles that culminated in the â€Å"old† family firm of T & R Theakston Ltd ending up as part of Scottish & Newcastle Breweries. The events that led to the loss of the Theakston brewery had rumbled on since the early 1970s, with Scottish & Newcastle finally seizing power in 1988. Although they offered him a position, Paul decided corporate life wasn’t for him. What’s more, it would have meant him leaving his beloved Masham. Determined to stay in Masham and being a long, long way from retirement (both age-wise and financially!! ) it didn’t take long for Paul to conclude that it was brewing that he was best at. The decision was made, create a â€Å"new† brewery in Masham. Now Black Sheep Brewery has invested ? 3 million in more production facilities and has boosted by 20 per cent. The company is on course for doubling by 2006 and a new distribution depot is being constructed for completion by the end of 2004. 1. 0 The Marketing Mix on The Black Sheep Brewery The marketing mix is looking at the right product, at the right price, what media to use and to use the right place. These are known as: Product Price Promotion Place Or the four P’s 1a Product Product is defined as a physical good, service, idea, person or place that is capable of offering tangible and intangible benefits that individuals or organisations regard as necessary or that they are prepared to exchange money or something of value for it. Peter, J. Paul, ‘Marketing management: knowledge and skills’ Boston; London: McGraw-Hill). If the product does not provide the services or covers the expected needs from the customer or does not deliver the expectations created by other elements of the marketing mix, then the whole project is not going to work. The name of Black Sheep Ale does not have a marketing reason, and named after thinking and having discussion for long time. A name was needed to reflect the area and history of the place. Sheep have always figured largely in the history of the area. Masham was once an important centre for sheep trading and famous for its sheep fair. However, Sheep Brewery seemed a bit tame. In a timely stroke of inspiration Sue, Paul’s wife, coined the name Black Sheep Brewery. Black Sheep has some different slogans, but has stuck mainly with the slogan of â€Å"Black Sheep Brewery is a modern day miracle†. This is saying to the target market that The Black Sheep Ale is the best, and that there is no bitter beer this good. Although, this has been on since 1992. Also there is a second slogan. The one is also their aim â€Å"a traditional country beer†, which could be linked with the first one, showing that The Black Sheep Ale truly is the one of the best bitter beer. The logo for Black Sheep goes with the name of black sheep and a traditional cottage house. The logo shows that they are focusing on a traditional country beer. Even the font on the bottle is Elizabethan type. It is written with old way, which shows that it is of class and is very traditional. Although the logos and slogans are giving off the appeal that the rich mainly drink Black Sheep Ale, the product (and most other ales, bitter) are mainly consumed by people in the lower classes. Black Sheep, in my opinion, is marketed to men, aged between 35 and about 65 in socio-economic groups not very high. I thought that it would be marketed in these groups because these are the most likely to go down to the pub and drink beers and bitter such as Black Sheep Ale. The packing of Black Sheep is really for marketing purpose. Because of this, there is something about the packing. Black Sheep is sold only in bottles and cash ale. It is not sold in cans. It shows that their quality and their marketing purpose about packing. The Black Sheep Brewery have been brewing since 1992 and now have five Ales on sale. I think that The Black Sheep Brewery has five different of product because of they want to keep always selling the product. In my opinion, they need to focus on younger people as well, with brewing a new beer to get young people attention. Like â€Å"Ice Beer â€Å"two companies named Tetley and Carlsberg formed a partnership in 1993 to make a new product for young people. It was â€Å"Ice Beer†. 1b Promotion Promotion is the direct way in which an organisation attempts to communicate with various target audience. Promotion consists of five main elements: Advertising, Personal selling, sales promotion, Public Relations and Direct Marketing. Sales Promotion As Black Sheep is sold in many different ways, they can have numerous different types of sales promotions. They can offer price reductions and Buy One Get One Free, such as at supermarkets, happy hours at pubs, and added value, e. g. extra free. They have also done charity promotions; see Public Relations, and competitions. They don’t actually do many sales promotions, but they sell lots of merchandising. With over 1,000 different items there is definitely something for everyone. They sell numerous items, such as caps, T-shirts, bottle openers. Most of the things that they do is to make more people buy their product over any other beer or ales. The merchandising is a bit different, because most people who choose to wear a caps with the logo of their favourite beer do not look cool, and end up looking stupid. (such as logo of black sheep). I think if they sell something like beer cooler to stock them in it. It will make the consumer feel as if they have the Black Sheep cooler and need to fill it with Black Sheep Ale, this makes them sell more Black Sheep Ale. It’s like they’ve caught them in a net, buy this, and so you can also buy all of these. Sponsorship The Black Sheep sponsors a number of different things. These mostly consist of local events. There are at the Black Sheep Brewery Visitor Centre and in around Masham area. The Black Sheep also sponsors of local drink and food festivals which shows that they are not trying to become popular around UK or the world. It is obvious that the things that The Black Sheep Brewery sponsors event, which are mainly viewed by local people and old people. This shows that The Black Sheep is clearly marketed to people who live in that area and old people. They should be sponsor of some events which known by everyone. As Budweiser does (they are sponsor of Manchester United, the BMW Williams F1 team. ). The events which are viewed, not only by people there, also by people watching at home. Advertising In the beer industry, the beer is bought by beer lovers which mean that advertisements in this case, should be targeted to the beer lovers and makes them understand the qualities of the beer. Normally this kind of product is advertised on TV or some times in undergrounds, sport events like football, rugby or car races. Short-term promotions could be placed in the package or even create brochures of discounts. 1c Place The Black Sheep is sold in different ways (bottle, cash ale). So it is difficult to say what type of distribution method is used. It can be sold in cans, multi-packs, kegs, bottles, from the tap at a pub, etc. The method that is sold by shops or supermarkets would be form the produce, to the shop/supermarket and then on to the retailer. It can also be sold via a wholesaler to a shop, which means that the price goes up 3 times. When sold in a pub, it could even be sent straight from the producer to the pub. The sale of the Black Sheep takes place in lots of different outlets, such as pubs, supermarkets, alcohol stores, off licences, and over the Internet. This means that it can cost a lot to supply it in all the ways that they do. But it also means that they may sell more, because some people are only able to buy it in one way, and if people can’t buy Black Sheep in a way that they would like to, the Black Sheep Brewery won’t make as much money as they could have. So they should try to be found even in a corner shop by customers. 1d Price As I have mentioned before, Black Sheep is sold in a number of ways, so for the Price part of this study, I will look only at the price of their best seller amount sold, which is the Black Sheep Ale 4. 4% of 500 ml. For a bottle of 500 ml, Black Sheep uses completive pricing, which involves giving a price similar to the competitors, psychological pricing, which is pricing to the nearest whole number e. g. ?1. 29. I think that they can also use promotional pricing, which is like free amounts such as 25% extra free or Buy One Get One Free. I think that these types of prices are used so that Black Sheep is bought more than the competitors. Even if the price of Black Sheep is only a few pence cheaper, people tend to buy it rather than another brand, and vice versa, this is because they are always after a bargain, and companies always have to make their prices cheaper than their other competitors to win the competition. Task2 2. 0 Logistic Facilities on Black Sheep Brewery. The Black Sheep Brewery Company should realise that they will need to improve their logistic facilities. Because of the company is on course for doubling production by 2006. In my opinion, they should describe that what mode of transport is appropriate for them and whether is the best for firms to operate their own warehouse and fleet of delivery vehicles or to sub contract all aspect of distribution to a specialist firm. Paul Theakston says that they will probably be working more with wholesalers and the pub companies who continue to buy up the independent pubs in the future. Brewers maintained a high level of control over the market by controlling distribution and routes to market. This was particularly true of draught beer, where brewers maintained a high-cost infrastructure operated on a dedicated basis to maintain control over the supply of The Black Sheep’s own beers from brewery to pub. This operated against the public interest. Brewers marginally-coasted such activities when pricing this service to direct customers, and recovered the costs in margin on beer sales. This excluded wholesalers and independent distributors from supplying beer to such outlets. Inefficiency and extra cost was built into the market with pubs receiving multiple deliveries from brewers with beer and from wholesale suppliers with wines, spirits and other products. Control of distribution provided brewers with the leverage to negotiate solus supply with direct customers restricting market access for other draught beer suppliers and limiting choice for the consumer. Place is trying to get the right level of distribution in the right types of outlets. This is one of the most difficult, yet important marketing activities. In simple terms physical distribution involves getting a product from A to B. Logistics has a very important role to play in the process of distribution. This is because they start off the process and plan it from beginning to end. If they don’t do their job probably then they could end up with no beers in the shops and pubs, which loses sales and therefore profit. Logistics monitor demand for goods and co-ordinate the process from ordering raw materials through to the timely delivery to the warehouse. Physical distribution must balance the need for customer service against the need to minimise costs. It is necessary to plan a physical distribution system carefully taking into account the need for warehouse space, stock, staff etc in order to maximise efficiency. On the other hand it is necessary to keep down costs and get the correct balance between these inputs and outputs and therefore provide an efficient but profitable service. The Black Sheep Brewery. This is the distribution channel that I would advise The Black Sheep Brewery to use: This is the distribution channel that The Black Sheep Brewery already uses, so I think they should also use it for the new products for the future. I think this because it is already set up and working well for their other products and is already in a good area, with experienced staff and known by their existing suppliers. They would need to incorporate this new product into their existing set-up, therefore keeping costs down as their will be no initial start up expense. Because it is already an up and running distribution channel the experienced staff should be able to get it up and running quickly, efficiently and cost effectively. If the Black Sheep Brewery becomes a big success then they might have to build an extension to their already existing warehouse, but if this is necessary it should finance itself. The only slight disadvantage to this type of distribution channel would be that the distribution centre is a middle stage and extra staff would be needed but I think that this is necessary in a large company. I would advise The Black Sheep Brewery to sell their products in a number of different retail outlets: Supermarkets Corner shops (news agencies) Petrol stations Hotels Stadium (e. g. Wembley) TASK 3 3. 0 International operation on Black Sheep Brewery There are over 200 countries around the globe; companies such as The Black Sheep Brewery should consider the key environmental factors before entering new country markets. These factors are known as the C and SLEPT factors, Social/ Cultural, Legal, Economic, Political, Technological, and Competitors. These are the uncontrollable factors that will affect the companies’ decisions, as well as the success of a company. 3a Social/ Cultural A single country may sometimes comprise several nations and independent cultures, and within each of these groups, there may be different religions, languages and attitudes. An example is Canada, where the main language is not just English, but as well as French. These factors affect the buying behaviour of a consumer. There are four categories in social/ cultural factor which marketers should consider before entering new country markets. Firstly, habits and conventions can influence the behaviour of a consumer. For an example, some individuals may not be interested in foreign goods/ products. Secondly, there is the attitudes which affected by religions/ culture. This is considered as an extrapolation of the past, which is a learned behaviour rather than innate behaviour. For an example, some people may only be interested in doing businesses within their own cultures/ groups. The next category is the naivety and ignorance of countries/ cultures. Languages are one of the main factors, some words may have different meanings in different languages, and some of their meanings may be incomprehensible or insulting. Lastly, demographic aspects within a country are to be aware of. The number of population and their growth trends, ethnicity and education level of a country can be used to determine one country’s lifestyle or buying behaviour. 3b Legal Since there is no actual body of law known as international law, there are various legal systems around the globe. Examples are common law and Islamic law. These legal systems concern the pricing of products, import/ export limitations, types of advertising and product safety. For an example, In United States, every state has its own laws. The Black Sheep Brewery should be aware of the laws where they are marketing. 3c Economic Paliwoda suggests that â€Å"Macro-environment is created when trade and transactions take place across, rather than within, national frontiers; but it is important to note that there may well be greater economic environmental differences between different parts of the same country than between countries belonging to the same geographical region. † in his book, â€Å"International Marketing†. This means a single country may have different economic level. For an example, in some rural part of China is suffering from poverty, whereas in some parts of China, such as Hong Kong is to be considered as one of the richest cities in East Asia. Other factors to be aware of are, currencies used, where some countries may have weak currencies due to inflation or recession, also the kind if payment, some countries such as Columbia may pay by coffee beans. Secondly, the general economy, which can be determine by the average income of the public. 3d Political Politics is a very important factor, it can either bring trading partners together or tear them apart. Government policies and attitudes towards imports are different around the globe. Some may set up trade barriers such as high tariffs, high import tax, in order to protect their own brands/ economy, or due to some tensions between countries. On the other hand, some may lower the import restrictions by setting up trade agreements between countries to minimise trade tariffs in bilateral trade exchanges, or to create job opportunities for their public. The Black Sheep Brewery should also be aware of the stability of the host country’s regimes, also the level of government control of company assets. 3e Technological This factor concerns the technological level of a country, such as the existing facilities and infrastructure; some countries may be more â€Å"high tech† than the others. Also the labour skills and training, some countries may have highly skilled labours, some may not. There may be a huge cost of new technology; also some government policies such as green issues may limit the use of some technologies. 3f Competitors Since The Black Sheep Brewery is not the only company around the globe that supply beer there are various alternatives for consumers to choose from. Competitors such as Budweiser and Stella may have taken at least 90% of the consumers in some countries. Marketers should consider whether it is worthwhile to enter such countries. In marketing audit, SWOT analysis suggests that companies should minimise their weaknesses/ threats, and turn them into companies’ strengths/ opportunities. When entering new country markets, there are weaknesses/ threats exist within and outside the company. These are the lacking of time, lacking of internal/ external knowledge and risks of competitors. By using methods of entry such as acquisition or merger can often minimise the weaknesses/ threats and turn them into possible strengths/ opportunities within and outside the company.