Legal Decision Making Case Study Example | Topics and Well Written Essays - 1000 words

Legal Decision Making - Case Study Example Prosecution for crimes is always conducted in the name of the state; the case being styled as State versus the name of the defendant. The prosecutor has a duty of establishing the guilt of the accused beyond any reasonable doubt. A crime usually includes offences like rape, robbery, murder, theft etc where the penalty for these cases ranges from hanging to fine. On the other hand, civil law concerns the violation of private rights belonging to an individual in his capacity as an individual for example refusing to pay a loan or defaming someone. Unlike criminal cases, the proceedings in civil cases are instituted in the court of law by the plaintiff himself and the burden of proving his claim rests on him. If the plaintiff succeeds in a civil action, the defendant will be ordered by the court to compensate him by paying damages. 2 Although there are already written consequences a person who has been proved guilty is subjected to, the decision of cases varies on the argument of both the defendant and the plaintiff in case of civil case; and in case of a criminal case, and outcome of the case depends on the argument of the prosecutor and the accused. For this case, the judgement of each particular case depends on the uniqueness a particular case. It happens that cases that are similar in nature, t... A contract is usually defined as an agreement between two or more persons which is intended to create legally binding obligations. The word binding is used for there are some contracts which are valid but are not enforceable in a court of law. There are already predetermined consequences that follow suit in case on breaches a contract but it does not mean that all those who breach a law of contract will be subject to the same consequence. The outcome of the case will depend on the uniqueness of a particular case. 3 One of essentials of a valid contract is that a contract is created with an intention of creating a legal relation. Agreements of a purely domestic or social nature are generally not enforceable contracts. Whether or not the parties intended to create legal relations is a question of fact to be inferred from all the circumstances of a case. For example in a case between Balfour vs. Balfour held in 1919. In this case, the defendant was civil servant in Ceylon. While he and his wife were on leave in England, it became apparent that because of ill-health, the wife would not be able to return to Ceylon. The husband promised to pay her thirty pounds a month whilst forced to live apart. He failed to pay, and his wife sued on the contract. It was held that the husband was not liable because there was no necessary implication from the circumstances of the parties that they intended to make a legally binding contract. It was more like a domestic arrangement between husband and wife rather tha n a contract. (Penrose, 2005) On the other hand, if on examining the facts of a family agreement, the court reaches the conclusion that legal relations can be inferred, the contract will be enforced. For example, a case held between Simpkins vs. Pays in 1955. In this

This House believes dumbing down Essay Example for Free

This House believes dumbing down Essay Is harming children. It is my belief that television has overstepped its boundaries. It is my belief that children are becoming desensitised towards violence. It is my belief that this is to stop. What if I was to tell you that there are, today, half as many art programmes as there were in 1992? What if I was to tell you that current affairs programmes have fallen by more than a third? The truth is that all television executives want to do is make money, they do not want to provide a service, and they do not want to make the world a better place. And the reason that these programmes do not make money is the change of our childrens cultures. They no longer want to watch a programme that is educational; they would rather watch meaningless rubbish that caters for the intellectually challenged. I know this because I am guilty of it. I would much rather watch the ninth series of friends than watch the news, and I would much rather watch the Simpsons than watch an art programme. Let me describe to you a period. In this time period television is useful; shows provide a public service whilst still maintaining good ratings. In this time television has a purpose, which it lacks in this modern time. This time was when television was first produced. Its maker intended it to inform the masses about day-to-day events and problems, but this ideal has spiralled out of control. Your children are becoming desensitised, not only to sex, regularly displayed before the watershed, but to violence as well. Children growing up will become young men, and these young men will copy what theyve seen on television. You all know what impressionable young children are capable of. It has happened recently; a trio of gangsters, barely twenty, gunned down two innocent girls at a New Year party as a result of gang warfare. These people have to get their ideals somewhere, and if they are not in a strong family they will look to other mediums for guidance, like television, like videogames, and they will think the things are idols do are alright. Let me tell you this is not the case! Just recently there has been a story running in Coronation Street of a murderer and a drug dealer, and in the final episode two people were graphically murdered with a crowbar! And this was at seven thirty, well before the watershed. We are in the year of the couch potato. 78 % of people under sixty in the United Kingdom watch more television than read books. And if this television is of the aforementioned quality then this disturbs me. What about the literary skills that will be wasted? TV Quiz shows such as the weakest link and Who wants to be a millionaire, which value, random factual knowledge over, deeper understanding are creating a generation of vacuous teenagers, according to a leading Headmaster. Dr Giles Mercer, head of Prior park College in Bath believes that unless teenagers are fed a more demanding diet by the media they will become cynical about politics and apathetic about voting. So television is actually harming your children. So think of the children brought up to watch soaps rather than read a good book, which provides entertainment whilst also benefiting the child involved. But as long as we are entertained, right? Wrong! Television has pushed its limits; certainly there have been some events worthy of recognition, but in the main the programmes shown are demolishing our morals, they are making us complacent about the world around us. Not many people could argue Jerry Springer has a positive impact on our nations youth. If we were to believe everything television told us then we would all be certain that bombing Iraq is the right thing to do. The remaining factual programmes are often biased and do not show the big picture, e. g. what about the refugees, what about the children, are they part of Saddams regime? There are people who believe, as I do, that television could be beneficial for us; Tess Alps, deputy chairman of the media agency writes, I believe that the recent dumbing down of programmes and relaxation of censorship is wrong. Television could be successful, and informative but Television chiefs just dont want to see it.

Othello was Insane :: Othello essays

Othello was Insane Shakespeare's "Othello" is a prime example of a cleverly crafted tragedy. Othello himself has all the elements of a tragic hero: the personal grievance involving a friend and loved one, the tragic flaw (gullibility), the sacrifice of suicide. Othello's strong love for his wife and the love that Desdemona shows him by betraying her father shows the bond between the two of them. As a man Othello was honorable and noted with high regard around Venice, also a strong and great leader. Every great leader has much stress on him no matter how great the leader. The stress of battle, the jealousy, and the loss of honor are what drove Othello insane and this is why he hath killed his wife. Although the stress of battle was not mentioned in the play one could imagine the stresses put on a man with such stories of battle that Othello himself told Brabantio. "Her father loved me, oft invited me; /Still questioned me the story of my life/From year to year- the battles sieges, fortunes/That I have passed."(I, iii, 128-131) The numerous battles and the hardships of war wear a man down. The stresses of everyday things at work get to us but the stresses of battle must be and uncountable times worse. Othello seemed to be and was mentioned as a good leader with the respect of the Duke. The stresses of being a black man leading an army of white soldiers that might respect you as a leader but might not respect you as a human would affect you also. Othello seemed to handle the stresses of war just fine but with the jealousy added into his life by the most evil Iago's plot against him and Cassio was something that Othello had trouble managing. Othello was new to the married life and did not want to leave his wife behind so he left her in the hands of the "honest" Iago. "My life upon her faith! - Honest Iago, /My Desdemona must I leave to thee"(I, iii, 294-295). Iago caused the jealousy in Othello's heart and made it burn with such passion and with some false proof caused Othello to begin his break from reality. The honor lost by the rumor of a cheating wife was the straw that

Made Up Folk Tail :: essays research papers

Ezikeal Yoder was born in a basic Amish community some where in Pennsylvania with Amish parents that absolutely hated the Amish life style. In this town of quiltville Ezikeals parents Jacob and Olga treated him with very un-strict Amish rules they each had a little bit of different views for there son. Jacob wanted him to be live outside of the Amish community. Olga always wanted him to have a better education than work ethic. Both Jacob and Olga did agreed on wanting there son Ezikeal to make his own choices as he grew up. It was no secret to anyone in quiltville that the Yoder family disliked there lifestyle. They really couldn't leave this way of life though because Jacob and Olga knew they wouldn't make it very long in the age of all the new technology. Ezikeal's parents always used to tell little Ezikeal that "we don't want you spend your whole life exactly like an Amish, we want you to decide by your self as long as you follow the very basic ways of the Amish." As yo u can already tell ezikeal would never have a normal life with out much rejection. As Ezikeal grew older he was sent to public schools unlike the rest of the Amish children for the sake of ezikial's parents wanted to expose him to the outside world. The only reason the Yoder couple had the money to send there young son Ezikeal to public schools is because his mother is ranked the 6 th best quilt-maker in the world which makes them also the richest in quilttown. As guessed by Ezikeal's parents he went though school and was constantly made fun of with his full blown Amish beard at the age of five, he was constantly ripped on for always wearing black with a goofy hat. Going though elementary school and junior high Ezickial tried so hard to be normal like his parents wanted him to. Some where in Elementary school Ezikial deciding one day that he no longer wanted to devote his life to the bible and Amish farming life just like his parents. Ezikeal is now the age of 20 something and is a senior in High school still dressing and obeying the basic Amish ways. By this time Ezikeal has decided to completely leave the Amish community. The year is now 1993 and technology is completely changing America while the Amish, there still very bored. Made Up Folk Tail :: essays research papers Ezikeal Yoder was born in a basic Amish community some where in Pennsylvania with Amish parents that absolutely hated the Amish life style. In this town of quiltville Ezikeals parents Jacob and Olga treated him with very un-strict Amish rules they each had a little bit of different views for there son. Jacob wanted him to be live outside of the Amish community. Olga always wanted him to have a better education than work ethic. Both Jacob and Olga did agreed on wanting there son Ezikeal to make his own choices as he grew up. It was no secret to anyone in quiltville that the Yoder family disliked there lifestyle. They really couldn't leave this way of life though because Jacob and Olga knew they wouldn't make it very long in the age of all the new technology. Ezikeal's parents always used to tell little Ezikeal that "we don't want you spend your whole life exactly like an Amish, we want you to decide by your self as long as you follow the very basic ways of the Amish." As yo u can already tell ezikeal would never have a normal life with out much rejection. As Ezikeal grew older he was sent to public schools unlike the rest of the Amish children for the sake of ezikial's parents wanted to expose him to the outside world. The only reason the Yoder couple had the money to send there young son Ezikeal to public schools is because his mother is ranked the 6 th best quilt-maker in the world which makes them also the richest in quilttown. As guessed by Ezikeal's parents he went though school and was constantly made fun of with his full blown Amish beard at the age of five, he was constantly ripped on for always wearing black with a goofy hat. Going though elementary school and junior high Ezickial tried so hard to be normal like his parents wanted him to. Some where in Elementary school Ezikial deciding one day that he no longer wanted to devote his life to the bible and Amish farming life just like his parents. Ezikeal is now the age of 20 something and is a senior in High school still dressing and obeying the basic Amish ways. By this time Ezikeal has decided to completely leave the Amish community. The year is now 1993 and technology is completely changing America while the Amish, there still very bored.

Mikes Bikes Marketing Plan Essay

Executive summary: M3p bikes corporation is a bicycle manufacturing company that provides products and services to the local community of Sydney NSW. Our production plant manufactures a variety of bicycles which we sell to customers through a variety of retailers & wholesalers including bike shops, sport shops & discount stores. The main idea of the strategy is to take the middle route in regards to marketing, operations & finance. This way, we would not be lagging in any sector, and thus no other firm can take advantage of us in any sector. By marketing sure we have reputable investments in advertisement, public relations, distribution and etc, we would be able to watch the market and pounce on opportunities that may rise, while not worrying about all of our other sectors of business, that s for the very early rollovers (The introduction of mountain bike). For the next coming years we will be introducing another 2 different types of bikes, Road bike, & youth bike. Each of the 2 bikes will have its own  strategy. Our road bike product strategy will be based on high pricing, lower volume and that for the reason Road bike segment are not sensitive to price as other segments some will pay up to 2500$ for the right bike, all what customers care about in this segment is the Quality of the bike. We will not be focusing too much on advertising since this segment focus more on the advice of a sales assistance, word of mouth & Friends past experience. The youth bike segment product strategy will be based on low price, higher volume. Product has to be durable, but also relatively inexpensive while having the best image on the block. Youth Bike segment is very large, the demand for a product is determined by many factors in addition to the product attributes. These also include a focus on Advertising and distribution. All we want to make sure is that we are not lagging extremely behind in any sector, but at the same time not spread our money out in too many sectors without a focus. While maintaining a small balance, we will spend the majority of our funds in a sector such quality, so that we know that we have a great competitive edge in one area. Thus, we will be able to focus our products, lines of bikes, marketing around that one area to reduce dispersed expense. Over all, our team will do well in the industry. We will be able to maintain high sales and revenue that kept our management and staff motivated. Teamwork and morale in our firm is outstanding and we will be giving shareholders and a customer continues support. Our company is operating in a western capitalist economy with a population of approximately 15 million people. Customers are having high income and want from a particular bike to suit their individual needs. Market is separated into the three sections. The low cost Youth Bike, mid-range Mountain Bike and the high end Road bikes. Due to the very competitive market, government is regulating and prohibiting competition from other countries. Only local manufactures are able to produce, at the beginning just Mountain Bike segment, later on the rest two also. Consumers are not limited to a single market, many of them will be  purchasing multiple bikes, but all of them have specific preferences. Successful company will meet customer’s needs and maximize sales by growing the potential market size as well as taking sales from competitors. Every segment has different expectations most important things are design or style and technical specification. All products are sensitive because of life cycle and therefore needs to be modified through the years. Demand for the product is determined by many factors, like pricing, quality, advertising and distribution.   Consumers are able to choose to buy from three categories of retailers. Bike shops, sports stores and discount stores. Proportion is different for every bike. Every retailer is different with some specifications. Everything has to be combine, all the customers, retailers but also production needs. The better we could deal with this problem, the more successful the M3P bikes could be. Distribution is specific because the number of channels will decide to stock the products or not. It depends on the retail price, margin, unit sales history and also extra support.   Media are also playing very crucial role. There are 3 basic choices to advertising a product and public relations campaigns. There are television, internet and magazines.   Advertising is about raising product awareness level by running advertising campaigns. Every kind of advertising is sensible on different things. More money we are able to afford more multiple media are reach effectively. In the case of public relations, some products are more sensitive and some less. It also very important step to brand advertising. Having high brand awareness makes consumers more aware of company and more likely to buy their product. Maintaining a constant expand of branding is important in a process of gaining a loyal customer. Swot Strengths: – Ability to maintain the middle route – creating a well known international brand. – predict and utilize different advertising tools to create good product awareness. – Very efficient with our product output. – forecast sales extremely accurately – Producing high products on an affordable level – we are revolve around making sure we are not lagging behind in any major sector of our business so that other firms would be able to take advantage of us. Weakness – very high expenses on advertising and promotion, distribution & quality – Limited budgets Opportunities – opportunities lie within the branding bracket – continue to create a brand that is well known for quality and price. – continue to grow rapidly as a competitive force within the cycling industry. – Following the best distribution channels for every bike. – Following the safe side trying our best for not putting any debts, so we keep in control of our expenses for a certain point. Threats – threats come from our main competitors. – must continue to compete with the firms in price, quality & distribution. Vision: M3p bikes are dedicated to providing quality products and services to our valued customers at affordable prices. Mission statement: Provide quality and affordable products, Put customers first, Increase profits, m3p bikes is a manufacturer committed to make FUN affordable for everyone. We are committed to not only the sport of cycling, but the Joy that a long ride bike can bring. We spark healthy living family bonds in our community by having the most affordable prices and ensuring top-notch customer satisfaction. We make certain that everyone who buys one of our cycles also receives a basic safety guide. Above all else we here at m3p bikes believe in good, clean active fun. Values: Focus on customers, Social responsibility, Integrity, Teamwork, Opportunity and issue analysis * Mantain a brand that is well known for quality and price: M3p Bikes has the increasingly developed infrastructure for bicycles. * Rapidly grown as a competitive force within the cycling industry: While the bicycle industry is affected to some degree by the circular nature of the economy, bicycle and accessory sales never fall completely flat since there are many people that ride bikes regardless if it is economic boom or bust. * Competitors: There are another 6 companies competing the market with M3p Bikes. Key of success: * Reliability. * Convenience. * Unbeatable selection of quality. * Outstanding customer service. Critical Issues: M3p Bikes is still in the speculative stages as a start-up organization. The critical issues that it faces are: * The need to take a conservative approach to expansion. Expansion must not occur for the sake of growth in itself, but should occur because the customers will be better served. * Continue to build brand awareness, driving customers to M3p Bikes. * Maintain good relationships with suppliers. Goals & objectives Goals are the milestones by which achievement of the purpose statement are measured. The Goals also represent the vision for the company system in the future. In order to implement the purpose of the M3p Bikes Plan, the following goals are/will be established: 1. Mantain the high quality of sales and services that M3p Bikes is known for. 2. Maintain a financially healthy business and validate the trust and advocacy of other people in support of this business purchase. 3. Develop bicyclist safety Achieve monthly and yearly sales better than the previous year under the former owner. Focus marketing on our high quality to maintain current growth in sales and service revenue. General information about, Segmentation, targeting, strategies & marketing mix: Marketing Strategy * Promotional campaign: M3P Bikes will be visible at the two major industry trade shows. 75% of the retail bicycle shops attend at least one trade show a year. The shows provide retailers an opportunity to view upcoming products and chat with representatives from the companies as well place pre-season orders. This  campaign will also encourage retailers to stock and promote our bikes. We will provide them a small percentage of profit for that. Extra support is useful to achieve short term boost in distribution coverage as our product is new in market. We are offering discounts, brochures, trials to attract customers. Target market Bikes are such kind of transport system that can be used by all kind of people. we got 3 different kinds of bikes. In 1st year we are only focusing on mountain bikes. After 2 or 3 years of our company we are going to launch bikes in the market such as, Road bikes and Youth bikes. We have different target markets for these different kinds of bikes.

The Battles of the French and Indian War

The Battles of the French and Indian War The battles of the French and Indian War, also known as the Seven Years War,  were fought around the globe making the conflict the first truly global war. While fighting began in North America, it soon spread and consumed Europe and colonies as far-flung as India and the Philippines. In the process, names such as Fort Duquesne, Rossbach, Leuthen, Quebec, and Minden joined the annals of military history. While armies sought supremacy on land, the combatants fleets met in notable encounters such as Lagos and Quiberon Bay. By the time the fighting ended, Britain had gained an empire in North America and India, while Prussia, though battered, had established itself as a power in Europe. French Indian/Seven Years War Battles: By Theater Year 1754 Battle of Fort Necessity/Great Meadows - North America 1755 Battle of the Monongahela - North AmericaBattle of Lake George - North America 1757 Battle of Plassey - IndiaSiege of Fort William Henry - North America 1758 Siege of Louisbourg - North AmericaBattle of Carillon - North America 1759 Battle of Fort Niagara - North AmericaBattle of Quebec - North AmericaBattle of Quiberon Bay - Europe 1763 Pontiacs Rebellion - North America

Free Essays on Societies Effects On Crime

While it may be an overstatement to say that â€Å"society is in the business of manufacturing crimes†, a variation of this notion combined with a quasi-Marxian perspective may be valid. Employ these views to explain how some deviance could be a normal and beneficial part of society. What would society be like with out the pure essence of deviance? Ok, So maybe â€Å"essence† is not the best word to describe deviance, but deviance in itself might actually be a natural element of life. Webster defines deviance as â€Å"turning aside from a course, standard, principle, or topic†¦Ã¢â‚¬  Now, with that in mind, there are things in life which some people consider normal and others do not. For example, In Europe it is it is a common law to drive your vehicle on the left side of the street. That is a normal, and standard process. If some one was to drive on the left side of the street in Mid-America, that would be considered deviant. Does that mean that someone who is driving on the left in Europe is wrong considering the by-laws of that country or are we the ones deviating from what would be correct? There are so many issues that are just as culturally defined as the driving thing. Does one then make it an issue to look at things done differently in dif ferent elements of society than the next deviant or is there more to it? When criminal acts come into play there is a whole gray area when it comes down to deviance being a necessary element of society. Now, one would like to think that it is possible to live in a world free from crime, full of justice and freedom at the same time. But would that be a realistic lifestyle? Would that even be something that one would want implemented into society. The norm would rapidly be shaking their heads and nodding in agreement. Those would be the same people believing that there is no necessary evil, and the world could balance itself out with out the existence of â€Å"bad.† That leads me to think that th... Free Essays on Societies Effects On Crime Free Essays on Societies Effects On Crime While it may be an overstatement to say that â€Å"society is in the business of manufacturing crimes†, a variation of this notion combined with a quasi-Marxian perspective may be valid. Employ these views to explain how some deviance could be a normal and beneficial part of society. What would society be like with out the pure essence of deviance? Ok, So maybe â€Å"essence† is not the best word to describe deviance, but deviance in itself might actually be a natural element of life. Webster defines deviance as â€Å"turning aside from a course, standard, principle, or topic†¦Ã¢â‚¬  Now, with that in mind, there are things in life which some people consider normal and others do not. For example, In Europe it is it is a common law to drive your vehicle on the left side of the street. That is a normal, and standard process. If some one was to drive on the left side of the street in Mid-America, that would be considered deviant. Does that mean that someone who is driving on the left in Europe is wrong considering the by-laws of that country or are we the ones deviating from what would be correct? There are so many issues that are just as culturally defined as the driving thing. Does one then make it an issue to look at things done differently in dif ferent elements of society than the next deviant or is there more to it? When criminal acts come into play there is a whole gray area when it comes down to deviance being a necessary element of society. Now, one would like to think that it is possible to live in a world free from crime, full of justice and freedom at the same time. But would that be a realistic lifestyle? Would that even be something that one would want implemented into society. The norm would rapidly be shaking their heads and nodding in agreement. Those would be the same people believing that there is no necessary evil, and the world could balance itself out with out the existence of â€Å"bad.† That leads me to think that th...