Tuesday, May 19, 2020

Capital Punishment Essay - 664 Words

Capital punishment, also known as the death penalty, is the hardest form of punishment enforced in the United States today. It is a controversial issue that continues to be debated by the American public. Most of the factors people do not agree on the issue of Capital punishment is immoral and for this reason should not be allowed in our society. nbsp;nbsp;nbsp;nbsp;nbsp;On the other hand, there are many reasons for the support of Capital punishment. Capital punishment protects the innocent of society against the violence of criminals. Capital punishment deters crime and helps create peaceful conditions for our society. Capital punishment also serves the purpose of justice for the victims of the crimes. Furthermore, people believe†¦show more content†¦In other words, Capital Punishment is for legally killing people. nbsp;nbsp;nbsp;nbsp;nbsp;Secondly, the possibility of innocent death is always there. There are many cases in the past where an innocent person was killed. The death penalty is irrevocable. In case of a mistake, the executed prisoner cannot be given another chance. Justice can miscarry. On the other hand, if the death penalty is not executed, the offender will have a chance to  ¡Ã‚ §pay back ¡Ã‚ ¨society, like cleaning breaches, streets. There is no doubt that someone alive can do more than dead can. The offender has a chance to compensate the victim or the victim ¡Ã‚ ¦s family with the offender ¡Ã‚ ¦s own income from employment or community service. By working, the criminal inadvertently  ¡Ã‚ §pay back ¡Ã‚ ¨ society and also the victim or the victim ¡Ã‚ ¦s family. However, there is no reason for the criminal to receive any compensation for his work. In addition, the offenders also have opportunities to think back what they have done wrong. Another argument for the death penalty is that it deters crimes. Many people think that the murderers in this world will not kill if they know there is Capital punishment. However, professional killers take measures to make sure they do not get caught. They skillfully create their plans to make sure they are not suspected of criminal activity. A person who gets caught for killing another individual is usually someone who did not plan to commit homicide.Show MoreRelated Capital Punishment1099 Words   |  5 Pages Capital Punishment Murder, a common occurrence in American society, is thought of as a horrible, reprehensible atrocity. Why then, is it thought of differently when the state government arranges and executes a human being, the very definition of premeditated murder? Capital punishment has been reviewed and studied for many years, exposing several inequities and weaknesses, showing the need for the death penalty to be abolished. Upon examination, one finds capital punishment to be economically weakRead MoreCapital Punishment1137 Words   |  5 Pagescorresponding punishments. Among all penalties, capital punishment is considered to be the most severe and cruelest one which takes away criminal’s most valuable right in the world, that is, right to live. It is a heated debate for centuries whether capital punishment should be completely abolished world widely. The world seems to have mixed opinion regarding this issue. According to Amnesty International (2010), currently, 97 countries in the world have already abolished capital punishment while onlyRead MoreCapital Punishment1786 Words   |  8 PagesCapital Punishment Capital punishment, also known as the death penalty, is the toughest form of punishment enforced today in the United States. According to the online Webster dictionary, capital punishment is defined as â€Å"the judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offence or a capital crime† (1). In those jurisdictions that practice capital punishment, its use is usually restricted to a small number of criminal offences, principallyRead More Capital Punishment1898 Words   |  8 PagesCapital Punishment Imagine your heart suddenly beginning to race as you hear a judge give you a death sentence and then you’re quickly carried away in chains as your family sobs as they realize that they will no longer be able to see you. As you sit in your cell you begin to look back at your life and try to see where you went wrong to end up in jail waiting to carry out a death sentence, and at the same time know that you are an innocent waiting to be heard. This same scenario repeatsRead MoreCapital Punishment1276 Words   |  6 Pagesbroken to get the death penalty, increased murder rates and wrongful accusations. There are many different views of the death penalty. Many different religions have their own views of the death penalty. In Hinduism, if the king does not inflict punishment on those worthy to be punished the stronger would roast the weaker like fish on a spit. In the religion of Jainism, mostly all of their followers are abolitionists of the death penalty which means that they oppose of it. Infact, this religionRead More Capital Punishment Essay: Retain Capital Punishment?696 Words   |  3 PagesCapital Punishment - Retain or Not?      Ã‚  Ã‚  Ã‚  Ã‚   This essay tangles with the question of whether or not we should retain the death penalty within the American code of penal law.    There is a feeling of frustration and horror that we experience at the senseless and brutal crimes that too frequently disrupt the harmony of society. There is pain which accompanies the heartfelt sympathy that we extend to the victims families who, in their time of suffering, are in need of the support and compassionRead MoreCapital Punishment2506 Words   |  11 PagesCapital Punishment and the Death Penalty Capital punishment exist in today’s society as citizens of the United States should we have the right to take an individual life. As illustrated throughout numerous of studies the death penalty is an unfair process seven out of ten deaths handed down by the state courts from 1973 to 1995 were overturned when appeal and the seven percent were later found to be innocent. Such as the Dobie Williams case which took place July 8, 1984. DobieRead MoreCapital Punishment Is A Legal Punishment1116 Words   |  5 Pageswhat the big deal about Capital Punishment is? According to free dictionary, Capital Punishment is to put to death as a legal punishment (Farlax). Capital Punishment is used worldwide, and is guaranteed to prevent future crime. Capital Punishment is a large controversy in the U.S. but before a personal opinion can be formed, some facts need to be known, such as what it is, where it is used and why it could be good or bad. Well, what is Capital Punishment? Capital Punishment is where a person is executedRead MoreCapital Punishment Is The Ultimate Punishment1704 Words   |  7 Pageswhat would you want from the government if he had killed someone you know? He should receive the capital punishment. The capital punishment is the ultimate punishment given to the precarious crimes. It is the last stage of capital punishment. There are different methods of like hanging, electric chair, lethal injection, firing squad, gas chamber. Murderers and rapist should be given extreme punishment, and they have to pay for their wrongdoing. We can observe crime rates are accelerating day-by-dayRead MoreCapital Punishment And Juvenile Punishment1631 Words   |  7 Pages Capital punishment is the term used when an individual is put to death by the state or government for the commission of a crime. Until recently, juveniles were not exempt from this punishment, however they would generally need to commit a more serious offense compared to their adult counterpart. Then there was the decision ruling the execution of mentally handicapped individuals was unconstitutional, using the 8th amendment as their authority, while taking into account the diminished capacity of

Wednesday, May 6, 2020

Chisholm and Free Will Essay - 1290 Words

Before I begin it is pertinent to note the disparate positions on the problem of human freedom. In Human Freedom and the Self, Roderick M. Chisholm takes the libertarian stance which is contiguous with the doctrine of incompatibility. Libertarians believe in free will and recognize that freedom and determinism are incompatible. The determinist also follow the doctrine of incompatibility, and according to Chisholms formulation, their view is that every event involved in an act is caused by some other event. Since they adhere to this type of causality, they believe that all actions are consequential and that freedom of the will is illusory. Compatiblist deny the conflict between free will and determinism. A.J. Ayer makes a†¦show more content†¦I know Im starting to sound but bear with me. Since the act which he did perform is an act that was in his power not to perform then could not have been caused or determined by any event that was not itself within his power ei ther to bring about or not to bring about. Next, he gives another hypothetical situation in which under hypnosis a man was unable to do anything other than what it is that he did. Chisholm then asks us to use the same situation and replace hypnosis with the mans desires and beliefs with the same consequence that he could not have done otherwise. But, if a man is responsible for his own desires and beliefs then his is also responsible for the things that they lead him to do. So the question becomes, is he responsible for the desires and beliefs he happens to have? Chisholm uses this point to demonstrate a circumlocution in the determinists argument. If a man is responsible for his beliefs and desires then he could have refrained from the acquisition of that belief or desire. But if we assume that determinism is true then some other event must have caused him to acquire the belief. So since this caused him to acquire the belief he could not have done otherwise and is not respo nsible for his belief or desire. Later Chisholm says that if we are prime movers unmoved (a concept I will explain later) and our actions, or those for which we are responsible, are not causally determined, thenShow MoreRelatedHuman Freedom And The Self By Roderick M. Chisholm1151 Words   |  5 PagesIn â€Å"Human Freedom and the Self,† Roderick M. Chisholm takes the libertarian stance, arguing that freedom is incompatible with determinism, that determinism is in fact false, and that humans do posses the kind of freedom required for moral responsibility. Chisholm argues that a deterministic universe, where all events, including human actions, proceed from prior events without the possibility that they would proceed differently than they do prevent the possibility that humans are responsible for theirRead MoreEssay about Roderick Chisholm on freedom of the will709 Words   |  3 Pagesdifferent, then we could have acted in another way which is compatible with freedom o f the will. Libertarians believe that freedom of the will does exist. nbsp;nbsp;nbsp;nbsp;nbsp;Roderick Chisholm defends Libertarianism, and in his essay â€Å"Human Freedom and The Self† argues that we have freedom of the will. Chisholm does not abandon the idea of causes but instead defines two types of causation. The first is transeunt causation where one event or state of affairs causes another event or state of affairsRead MoreShirley Chisholm Paper757 Words   |  4 PagesBiography Shirley Chisholm, the first black woman to be elected to the U.S. House of Representatives, died on January 1, 2005. She was 80 years old. Chisholm had an influential political career. In 1968, she was elected to Congress from New York City. She served until 1983, when she retired. In 1972, Chisholm became the first black person to seek the Democratic Presidential nomination. She won 152 delegates. Jesse Jackson called her a woman of great courage . . . who refused to accept the ordinaryRead MoreCyber Bullying : The Third Leading Cause Death For American Youths901 Words   |  4 Pagesharassment or teasing and social bullying when someone is purposefully excluded (Novick, 2013). One definition for cyber bullying is, â€Å"the intentional and repeated harm inflicted through the use of computers, cell phones, or other electronic devices†, (Chisholm, 2014, p. 78). Cyber bullying can also be defined as, â€Å"any behavior performed through electronic or digital media by individuals or groups that repeatedly communicates hostile or aggressive messages intended to inflict harm or discomfort on others†Read MoreThe Metaphysical Problem Of Freedom Essay1474 Words   |  6 PagesThe metaphysical problem of freedom is it is a paradox. There are three theses regarding freedom, and all three theses are plausible, yet they cannot all be true. The thesis of freedom says some of our actions are free, and sometimes we have an option to choose differently. The thesis of causalism which states that every detail of every event is caused by previous events, in accordance with the laws of nature. Lastly the thesis of incompatibilism which says at most one of the th eses of freedom andRead MoreThe Lion Of Bed Stuy1425 Words   |  6 Pagesor ordinances that seek to regulate morality, behavior, and your fellow man/woman’s rights to be free you are standing against the constitution that you so often swear by as the most precious document ever laid in the hands of a nation. The rights and laws outlined in that document allow for the freedom of Americans to behave in the way they see fit, and not the way the politicians do. Shirley Chisholm was well aware of this, and is what helped push her to be a pioneer in the political arena. ShirleyRead MoreThe Investigation Of Whether Youngsters Characters Are More Individualized Today?1254 Words   |  6 Pagesmake group. Sociologists and historians are mindful of the solid patterns that have changed society since the mechanical unrest, and particularly since World War II, as customary divisions of class and solidarity have broken down (Chisholm, 1990, p. 134). This occurred in the mechanical insurgency on the grounds that it created a mass development towards urbanization, which brought about the breakdown of more seasoned group structures. After World War II enhanced correspondences andRead MoreHuman Freedom And The Self1822 Words   |  8 PagesOne of the big dilemmas in the philosophical community surrounds whether humans have free will in determining their choices or whether forces outside human control determine actions. A solution to the problem has long been sought since it involves one of the core beliefs about human nature. Furthermore, whether or not humans have free will has influence on whether humans can be subject to praise or blame. Within this problem, there are three m ain schools of thought: compatibilism, hard determinismRead MoreHuman Freedom And The Self By Roderick M. Chisholm Essay2503 Words   |  11 PagesIn the paper, â€Å"Human Freedom and the Self† Roderick M. Chisholm offers his theory of human freedom and defends it against a couple objections. One of the objections we will talk about which is the second objection is connected to the concept of immanent causation, where causation is by an agent, he argues how the statement â€Å"the prime mover unmoved† (page 391) has been subject to difficulty. Chisholm explains immanent causation as being an agent causing the event A to happen, but although the agentRead MoreEssay about Free Will and Determinism Views1610 Words   |  7 Pagesprove the reliability of and why Libertarianism is the most coherent of the three Free Will and Determinism views. It refers to the idea of human free will being true, that one is not determined, and therefore, they are morally responsible. In response to the quote on the essay, I am disagreeing with Wolf. This essay will be further strengthened with the help of such authors as C.A. Campell, R. Taylor and R.M. Chisholm. They present similar arguments, which essentially demonstrate that one could have

Social Discrimination in the US

Question: Discuss about the Report for Social Discrimination in the US. Answer: At work, have you found yourself having biases with one of your patients? Is this a form of discrimination? The nursing professionals ethically bound not to show any biasness or discriminatory behaviours to any of their patients. However, we often feel some affinity towards the patients who come from the same social or ethical backgrounds like us. I personally felt extra empathy to the patients with whom I share some socio-ethnic identification. I never show any discriminatory attitude to other patients, but try to take some extra car to them whom I find more like me. In your opinion, is there social discrimination in the U.S. society today? If so, discuss the areas where discrimination occurs and describe their impact on individuals and families. Even after 48 years of civil rights movement, US is still facing discrimination based on ethnic groups or class. Discrimination against the gender orientation and the Black citizens can be identified as a major contemporary societal issue. Manly the gay black men are often the victims of discrimination. It is leading the individuals and the families to sheer poverty, depression, clinical diseases and physical harms. Are you aware of federal and local government legislations enacted to prevent discrimination? Give 5 of these laws and where they apply. The US has several laws to prevent discrimination. The Civil Rights Act of 1964, makes it unlawful to discriminate against an individual based on color, ethnicity, religion, race, or sex. On the other hand, The Genetic Information Nondiscrimination Act of 2008 (GINA) forbids discrimination against the individuals based on his/her genetic information (Heckman Verkerke, 2015). The Homeless Bill of Rights guards the civil and human rights of destitute people in the US. The The Equal Pay Act of 1963 (EPA) prohibits the payment different wags to the employees depending on the sexual identity. Last but not the last, Age Discrimination Act of 1975 prevents discrimination based on age of an individual (Edelman, Smyth Rahim, 2016). In your own words, discuss the ways in which you as a nurse can help prevent discrimination As a nurse, I need to stick to the professional ethical guidelines. Moreover, as a health professional I can influence the government to strict the laws against discrimination. As a nurse it is my duty to make the community aware of the negative effects of it upon the society. Thus, I can play my part for fighting discrimination. References: Edelman, L. B., Smyth, A. C., Rahim, A. (2016). Legal Discrimination: Empirical Sociolegal and Critical Race Perspectives on Antidiscrimination Law.Annual Review of Law and Social Science,12(1). Heckman, J. J., Verkerke, J. H. (2015). Racial Disparity and Employment Discrimination Law: An Economic Perspective.Yale Law Policy Review,8(2), 6.

Wednesday, April 22, 2020

Memorandum Essay Example

Memorandum Essay This is to request your approval to distribute the Depression Handout prepared for the institution’s entire population. The handouts are support materials to the powerpoint presentation to be used during our regular learning session at the end of the month where we scheduled the topic on depression. They are worded and formatted for easy understanding of the inmates and induce support and cooperation. Depression may be experienced by a number of inmates especially that a growing number of them are resorting to alcoholism and drugs. It is important that knowledge of this condition be known to everybody so that whoever may be in having depression will be understood and provided treatment. It is the objective of this project to identify who among the inmates are experiencing depression and may be encouraged to subject themselves to treatment. With this humble project, Michael and many others may be saved from further sufferings and at least make their stay in this institution worthwhile living. For your approval, please. We will write a custom essay sample on Memorandum specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Memorandum specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Memorandum specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Handling Depression â€Å"I am now the most miserable man living. If what I feel were equally distributed to the whole human family, there would be not one cheerful face on earth. Whether I shall ever be better, I cannot tell. I awfully forebode I shall not. To remain as I am is impossible. I must die or be better it appears to me.† Abhraham Lincoln (who suffered from depression in his adult life) We are one community in this institution. We have among us, those that suffer from depression. It may be them, it may be you. What is important is that you know the circumstances, what it is and how to go about it. 1. What is depression? When you feel an extremely deep sadness and lose the interest in any thing you do, a feeling of worthlessness and hopelessness, and when you cannot eat and sleep well and have problems in concentrating and physical complaints, chances are, you have depression. 2. If you are depressed, then you are not alone. One out of five people will have depression at some time in their life. One in 2o Americans suffer from depression severe enough to require medical treatment. (Bloomfield 1996) 3. You do not have to suffer, depression can be treated. Statistics say that more than 80% of people with depression can be successfully treated. Treatments are usually short term and through medication or counseling therapy. (Bloomfield 1996) Treatment of the illness is usually inexpensive but there is no price for better health, efficiency, improved relationship and enjoyable life. 4. Alcohol and drugs will not help. Resorting to alcohol and drug abuse will not help the situation. It will only worsen and there will be no relief. Many inmates tried to get drunk just to get over the emotional low, but they never felt relieved of it, worse, some tried even suicide which is very dangerous. 5. If you know that you need help then do not hesitate. Let the doctor know. Going through depression on your own does not make you brave. Asking for help is brave. There is no price for better health, efficiency, improved relationship and enjoyable life. References 1. Bloomfield, Harold H. and Peter McWilliams (1996) â€Å"How to Deal with Depression† About.com. Retrieved 12 October 2007 from http://alcoholism.about.com/gi/dynamic/offsite.htm?zi=1/XJ/Yasdn=alcoholismcdn=healthtm=49gps=61_12_788_419f=20su=p247.3.140.ip_p284.8.150.ip_tt=14bt=0bts=0zu=http%3A//www.hypericum.com/dep/dep1a.htm 2. â€Å"Depression† (2007) Psychiatry24x7.com Jannsen Pharmaceutica NV. Retrieved 12 October 2007 from http://www.psychiatry24x7.com/homes/depression.jhtml

Monday, March 16, 2020

Dental Assisting Health Profession Essay Example

Dental Assisting Health Profession Essay Example Dental Assisting Health Profession Paper Dental Assisting Health Profession Paper I choose dental assisting because I have always wanted to work in a Health profession. I enjoy working with people and I like the â€Å"team atmosphere† approach of a dental office. Dental assisting is becoming an exciting career as dental laws are changing and the role of the assistant is increasing in regards to patient care. There are also many jobs available for dental assistants and also a wide variety of options. Dental assistants can choose to work in private practices, insurance companies, federal and state funded health programs, public health departments as well as teaching community colleges or universities. It is possible to become a dental assistant with no formal training. However most job duties would include in cleaning treatment rooms, setting up rooms for procedures and basic dental assisting. There are one year traing programs available for dental assistants. To enter these programs a high school diploma or GED is required. This is a full time program. Classes are usually from eight a. m. to five p. m. Monday thru Friday. In the last eight weeks of the program, students are assigned to work in local dental offices to gain additional experience. A minimal high school GPA of 2. 0 is required to enter the program at community colleges. Science courses are helpful but not required. Upon satisfactory completion of an accredited program, or having met the work experience requirements, and holding current cardiopulmonary resuscitation certification you are eligible to sit for the certification examination given by the Dental Assisting National Board (DANB). Examinations are given in several specialty areas like, chairside assisting, practice management and oral surgery assisting. If you are successful and pass the examination you may use the title Certified Dental Assistant (CDA) followed by your area of specialization. Certification carries with it the prestige of knowledge and the ability to apply it; however it is in no sense a degree, nor does it hold any legal status except in those states recognizing it under their dental practice acts. After completing the one year general dentistry program UNC-CH also offers additional six month training courses, if a dental assistant would like to specialize in an specific field such as, periodontics, prosthodontics, orthodontics, endodontics, pedidontics. A pedodontist specializes in the preventive in therapeutic care of children from birth through adolescence and also treats people with handicaps and special needs. A prosthodontist fits and designs bridge work and dentures to replace missing teeth. They also design substitutes for missing oral tissues. A orthodontist prescribes and fits appliances to straighten crooked or badly spaced teeth and to correct the bite and alignment of the jaws. . An Endodontist treats disease of the dental pulp, usually with root canal therapy. A periodontist which treats gum disease. A public health dentist works with communities as a public educator in the prevention and treatment of dental disease. Currently, there is a high demand for good dental assistants. As time goes on, the role of the dental assistant is changing. Almost every year it seems as if they have an increased role with patient care. For example in the past four years it has become legal for dental assistants to polish teeth. The range of duties varies from state to state. The following is a list of duties that are allowed by a certified dental assistant: making radiographic exposures, taking impressions for opposing study casts, retracting gingival prior to impression procedures, placing and removing periodontal and surgical dressings, removing sutures, applying topical anesthetics, assisting in the administration of nitrous oxide (laughing gas) or sedation, providing oral health insurance, applying anticariogentic agents topically, taking impressions for cast restorations, taking impressions for space maintainers, orthodontic appliances and Occlusal guards, placing and removing rubber dams, placing and removing sedative or temporary restorations and crowns, removing excess cement form coronal surfaces of teeth, preparing teeth for bonding by etching, applying pit and fissure sealants, applying cavity liners and bases and performing additional functions that may be delegated within specialties. Upon satisfactory completion of an accredited program, or having met the work experience requirements, and holding current cardiopulmonary resuscitation certification you are eligible to sit for the certification examination given by the Dental Assisting National Board (DANB). Examinations are given in several specialty areas like, chairside assisting, practice management and oral surgery assisting. If you are successful and pass the examination you may use the title Certified Dental Assistant (CDA) followed by your area of specialization. Certification carries with it the prestige of knowledge and the ability to apply it; however it is in no sense a degree, nor does it hold any legal status except in those states recognizing it under their dental practice acts. The salaries of dental assistants varies depending on job experience. You can have on the job training, however you cannot do expanded functions if you don’t go through a training program. On the job training starting salary is from 14,000 – 16,000 dollars annually. The expected salary in three to five years is 18,000 – 19,500 dollars annually. For certified dental assistants recent graduate would earn between 20,000 – 21,000 dollars annually. The expected salary in three to five years would be 23,000 – 25,000 dollars annually. Salaries also vary depending on what type o f dentist you work with. Specialist usually pay more. Especially Orthodontist and Endodontist. This is usually because they have a lower overhead and higher fees for services rendered. Most dentist offer a good benefit package in addition to salaries. The packages usually includes paid vacations, 401-K retirement, profit sharing, uniform allowance and sick days. Again this varies among dentist. As shown in previous paragraphs, dental assisting does provide a variety of options for this field of work. However, before choosing dental assisting as career, it would be helpful to observe in a local dental office to see if it is really something you want to do. Dentist and staff are more than helpful and encourage those interested to do so. Usually your personal dentist is willing to do this. Dental assisting instructors are very willing to meet with perspective students as well.

Saturday, February 29, 2020

Australia Law of North V Marra Developments Ltd †Free Samples

The leading case of North V Marra Developments Ltd (1981) was decided by the High Court of Australia on 9 th December 1981. The Hon’ble Stephen, Mason, Murphy, Aickin and Wilson JJ decided the case against the Appellant and in favor of the Respondant. As per the fact of the case, the Appellants are the member of a stock broking firm (Sydney Stock Exchange Ltd). The Appellants were initially trading in the name of NORTHS but are now considered as J. & J. NORTH. In 1954, Marra (Respondent) was incorporated as a public company. There were various rural properties that were acquired by Marra in 1974 in New South Wales. Its ninety three percent issued and paid up capital was held by 5 families. The shares of the company were listed on Sydney Stock Exchange. But, prior to 1974 the true value of the company assets were not depicted with the help of the balance sheets of the company or the market value of the assets. Considering with the situation, the Appellants in around December 1972-February 1974 submitted that there is a need that market capitalization of the asset must be done so that the true value of the Marra assets can be determined. There were three recommendations that were given by the Appellant and all the three were accepted by the Respondent. It is alleged by J. & J. NORTH that they have provided advisory services regarding the reorganization of the capital of Marra Developments Ltd. ("Marra") and advised on the takeover of Marra upon Scottish Australia Holdings Ltd. ("Scottish") and thus they are eligible for remunerations and the interest thereon from the Respondents. (Jade, 2017) Thus the main issue that was developed from the facts of the case was whether the Appellant is liable to claim the remuneration with interest from the Respondent. Now, because of the acts that are undertaken by the appellant and the Respondent, the major duty that was violated is submitted herein under. That the agreement amid the Appellant and the Respondent to carry out the scheme and the carrying out the scheme itself (of capitalization and takeover) are in violation of section 70 of the Securities Industry Act 1970 of New South Wales. The scheme itself and its conduct both are illegal in nature. (Armson, 2009) Because of the act, there is violation of section 1041A (Price Manipulation) and section 1041B of the Corporation Act 2001 (False Trading and Market Rigging). The main reason because of which the duties were considered to be violated are: The prices of the shares are increased by appellant involvement of buying the shares. The Appellant filed a case, however, the same is rejected by the Supreme Court of New South Wales. It is submitted but Meares J, that the argument of the defendant that the acts of the Appellant involves illegality is valid as the acts are in violation of section 70 of the Securities Industry Act 1970. The Appellant filed an appeal to the Court of Appeal. The Court of Appeal also dismissed the appeal of the appellant, Against the decisions of the Court of Appeal, the Appellant filed the present appeal. On 9 th December 1981 the Hon’ble Stephen, Mason, Murphy, Aickin and Wilson JJ submitted that the proposal which is recommended by the Appellant and which is later carried out by both the appellant and the defendant regarding the purchase/sale on the Stock Exchange in the Respondent is not found to be legal. It is decided that the agreement to carry out the scheme and the carrying out the scheme itself are in violation of section 70 of the Securities Industry Act 1970 of New South Wales. The scheme itself and its conduct both are illegal in nature. The court also held that the actions of the parties are not such which resulted in considering the same as conspiracy to deceive. Thus, the amount that is claimed by the Appellant cannot be recovered and the appeal stands dismissed.   The High Court decided that the amount that is claimed by the Appellant cannot be recovered and the appeal stands dismissed.   The main reasons that are attributed by the High Court which form the basis of the decision is submitted below and is critically analyzed: (O'Connell, 2013) In the Corporation Act 2001, considering the observations that are made Mason J and the changes under the 1980 Act, few variations were made regarding the market rigging and the false market provisions. There were few amendments that were made to section 998 of the corporation Act 2001. Because of the above facts, it is submitted by Mason J that any activity which gave the market false or misleading appearance is prohibited under statue. The acts of the appellant were against the statutory prohibition and thus the actions were illegal so they are not permitted to take advantage of any statutory wrong; These actions of the appellant were not regarded as legal in concern with section 70 of the 1970 act (E.T. Fisher &Co. Pty. Ltd. v. English Scottish and Australian Bank Ltd.  (1940). The actions of the Respondent with the help of the appellant which has resulted in enhancing the market price of the company of the respondent so that there is completion of takeover is an act which in contract to the provisions of section 70 of the Act. Thus, an illegal act cannot justify any benefits to be accrued in favor of the default. So, the appellant itself at fault cannot claim remuneration for an illegal act. The court held that the appeal of the appellant is not found to be favorable not because the agreement in which they are relying is in violation of section 70 but mainly because the actions in which they indulged into are itself illegal in nature. So, on those grounds it is decided by the High court that the appellant is not rightful in suing the Respondents and claim their remunerations on the basis that the acts in which they indulge into are itself illegal in nature. In the leading case there were series of observations that were made in relation to section 70 of the 1970 Act. Mainly the interpretation of the section signifies that there must be presence of some element in order for the application of the section. The   law submitted by Majon J is now not applicable in the current law . however, based on the observations that are made by the Hon’ble Judhe there were changes that were brought in Securities Industry Act 1980 (Cth) (1980 Act). (O'Connell, 2013) In the Corporation Act 2001, considering the observations that are made Mason J and the changes under the 1980 Act, few variations were made regarding the market rigging and the false market provisions. There were few amendments that were made to section 998 of the corporation Act 2001. However, again the market rigging and the false trading provisions were amended by the Financial Services Reform Act 2001 (Cth). The main changes that are brought in are that civil penalty provisions are made under Part 9.4B which includes few misconduct provisions inclusive of market rigging and false trading in (section 1041B of the corporation Act 2001) This change has reflect a doubt that it is very troublesome and expensive for the law to be applied by applying criminal standard of proof and it is more efficient and appropriate to apply the civil sanctions. Thus, now civil case can be brought which is based on the violation of section 1041B (1) by complying with civil standards of the balance of probabilities and there is no need for the establishment of any kind of fault or intention. Now if there is violation of section 1041 B (1) then a liability of @ $200,000 be imposed to an individual and @ $1 million for a body corporate. Thus, the leading case of North V Marra Developments Ltd and with the current reforms that are brought in then there is no need for the establishment of any kind of fault or intention. Ann O'Connell (2013) Protecting the Integrity of Securities Markets — What is an ‘Artificial Price’?: DPP (Cth) v JM, Melbourne Law School. Emma Armson (2009) False Trading and Market Rigging in Australia,   Corporate Law Teachers Association Conference, ANU College of Law. E.T. Fisher &Co. Pty. Ltd. v. English Scottish and Australian Bank Ltd.  (1940) 64 CLR 84 North V Marra Developments Ltd (1981). Scott v. Brown, Doering, McNab &Co.  (1892) 2 QB 724 Jade (2017) North V Marra Developments Ltd (1981) (Online). Available at: https://jade.io/article/66955. Accessed on 1st October 2017. Looking for an answer 'who will do my essay for cheap',

Thursday, February 13, 2020

Summary and Conclusion to executive audience Essay

Summary and Conclusion to executive audience - Essay Example The company expects to meet all the database application and reporting requirements by development of policies, guidelines, standards, and practices in connection to the project. If all the stages of implementation are followed to the latter, then Riordan Manufacturing will successfully implement the database project for use in the finance and accounting department of the company. The diagrams used in the implementation of the project should be easily understandable and it is recommended that the users should add proper notes that would assist and aid in terms of understanding all the diagrams completely. Design is the important stage of the implementation of the project and should be done with a close coordination with all other aspects of the physical information system design. Design should be followed by documentation to guide the users. Database application will then be met if all the stages of implementation are followed to the