Portrait of a Serial Killer Analysis Essay

Portrait of a Serial Killer Analysis Essay Portrait of a Serial Killer Analysis Essay Sample Portrait of a Serial Killer Analysis Essay Sample When one hears about a new serial killer in the neighborhood, the usual stereotype depicts a raging maniac who rapes and tortures young girls. Such a description can characterize a serial killer but only a small percentage. On the average, many murderers are no more insane than any other person. In fact, the serial killer can appear in any form. A well-groomed nurse who poisons her infirm patients to â€Å"play God,† an exhausted mother who smothers her children to stop them from crying, a disturbed man who murders prostitutes to punish them for their sins, a high-maintained prostitute who kills her clients to avenge herself for all the insults and abuses she experienced, a respectable father and a member of the community who slaughters strangers to exert power at least in some sphere of his life (Fox Levin, 1998, p. 410). All these cases can fit into a serial killer profile. It is true that in many cases serial killing is predetermined by sexual lust that is aggravated by a sadistic component (Purcell, 2006). However, it is not always the case. Apart from killing for any kind of pleasure and cases of schizophrenia or â€Å"voices form God†, there are other factors that contribute to the necessity to kill people (Fox Levin, 1998, p. 442). Gaining profit may seem a motif not strong enough for engaging into the frenzy of serial murder. However, there are cases when women killed their husbands to provide themselves with their insurance (Ramsland, 2006, p. 4). The main factor for serial killing is still the desire to dominate. The overwhelming majority of researches prove that serial killers come from dysfunctional households or from families where children were not connected to their primary caretakers. It led to alienation and emotional closeness (Schurman-Kauflin, 2000, p. 179). Despite the fact that white males in their late twenties take leading places in Serial Killer Top 100, females also found their way of escaping depression and ennui of their lives in putting other human beings to death. Even young children picked on the trend for serial murder. Schurman-Kauflin wrote about the three cases of school students committing serial killings, all in the late 1990s (2000, p. 22). The fact that in one case an 11-year-old female is the lead suspect in the serial murders of 4 children cannot help but frighten. We come across the horrifying examples of people’s cruelty every day. It is impossible to always screen them off with â€Å"I cannot believe it.† We have to believe it and do something. The society has to address the issue of serial murder. The first step is to learn about the factors that contribute to the development of sadistic and perverse personalities. When we know who can commit it and in what circumstances, then we can resist and combat it. If we do not do it now, they can come and get us later. Our perception is often distorted by fiction and mass media. We are left with a wrong impression about the serial killers’ preys and that it will never involve us and our families. However, not knowing, or not understanding, how the serial killers operate and thinks will make us walk right into their hands. At the moment, there is a wealth of information on the subject. We just need to tap into it and make conclusions. Warned means armed. What Makes a Serial Killer? It is a general knowledge that serial killing involves individual psychopathology. After watching movies about exceptionally weird serial killers people begin to think that only sociopaths or mentally insane people may kill other human beings premeditatevely and repeatedly. However, it is not always the case. Scholars say that antisocial behavior â€Å"reflects a disorder of character or personality rather than of the mind† (Fox Levin, 1998, p. 420). On the whole, serial killers can tell right from wrong and are aware of what they do. They are even capable to control their wild fantasies, however they choose not to (p. 419). Until recently the majority of psychiatrists considered mental insanity to be the primarily cause for multiple murders (Fox Levin, 1998, p. 419). Apart from the movies on extravagant serial killers (Silence of the Lambs, for example) that fed off such an opinion, there were cases when murderers suffered from schizophrenia or imaginary voices that ordered to kill. However, according to Fox and Levin, â€Å"only one in twenty sexually sadistic serial killers studied by Warren, Hazelwood, and Dietz was psychotic† (p. 419). If not mental illness thrn what makes a serial killer? Do they hate people? It is true that sociopaths fit the mold to commit multiple murders. They lack remorse, do not sympathize, and care exclusively for their own pleasures in life. Simply put, they have no conscience (Fox Levin, 1998, p. 420). At the same time, sociopathy in its pure form can rarely be met, even in serial killers. However, serial killers may suffer from â€Å"borderline personality disorder† when a person has fits of bad mood, â€Å"impulsivity, intense anger, chronic feelings of boredom †¦ a profound sense of abandonment and rejection† (p. 420-421). In such a case, people are capable of qualms of conscience and remorse. In order to overcome it, murderers may compartmentalize their victims by applying some criteria to them (Ramsland, 2006, p. 179). For example, they do not feel pangs of guilt towards the strangers and can murder them easily. Another loophole for their conscience can be an expl anation to themselves that their victims â€Å"deserve† the punishment. For instance, prostitutes are filthy and it is their own fault that they fall a prey to sex criminals; vagabond alcoholics became subhuman and therefore, it is not a sin to kill such beingd; gays are seen as AIDS carriers and by eliminating them they make the world a better place (Fox Levin, 1998, p. 423). The myth of the victims â€Å"deserving the punishment† makes serial murderers unable to feel remorse. The fantasy world screens off from them the startling reality. Therefore, it may happen that while on trial the serial killers are subjected to the numerous evidence against their world view. Seeing what the victim’s relatives and friends suffer may prompt the murderer to perceive what he or she had done and repent. That was the case of Milwaukee’s Jeffrey Dahmer who apologized to the families right in the courtroom for murdering, abusing, and cannibalizing his seventeen victims (Fox Levin, 1998, p. 424). Criminologists, psychologists and other related experts continue to look for reasons for such inhuman behavior. Both health issues and environment can influence a person to develop into a maniac (Fox Levin, 1998, p. 448). Among biological factors, Fox and Levin mention the presence of head trauma or frontal lobe epilepsy and the chemical imbalances in the brain (p. 448). Environmental premises may include unsuccessful adoption cases, child abuse, and humiliation or rejection (p. 448). In fact, serial killers, when caught, tend to play the abusive childhood card. Sociopaths are especially good liars because they have enough cold-blooded boldness to lie convincingly. There were cases when serial murderers managed to fool psychiatrists with their tales of child abuse such as the cases of the Hillside Strangler Kenneth Bianchi and the Genesee River Killer Arthur Shawcross (p. 449). The problem with a psychotic serial killer is the following. In order to be named a serial killer, a person should murder no less than four people (Fox Levin, 1998, p. 408). Most psychotic killers are very sloppy, act impulsively and do not pay enough attention to cover the traces. That is the reason they get caught before they kill enough victims to be classified as a serial killer (Brown, 2003, p. 36). The FBI offered the organized/disorganized distinction between multiple murderers. There are serial killers who are well-organized, intelligent, have romantic partners and children, good workers, curious about their crime in mass media, from a fine family; and another type of serial killers who are disorganized, less intelligent, lonely, jobless or an unskilled worker, and do not follow the investigation of their crimes (Fox Levin, 1998, p. 428). Definitely such descriptions are very polarized, and in real life it is difficult to find a killer who ideally fits the profile. Rather the profiles are used â€Å"as a tool to focus on a range of suspects† (Fox Levin, 1998, p. 428). They give clues and provide a direction to search for a suspect. Therefore, it is difficult to foresee whether a person can develop into a serial killer or not. A range of biological and behavioral peculiarities influence it. However, in general it would be wise not to think all serial murderers are insane or they all are evil. Rather they are extremely self-centered, are not thoughtful of consequences, and experienced violent treatment before. Time to Take into Account Startling Rates of Female Serial Killing Edna was a single African American female who was known for a jobless status and her promiscuous sexual relations to pay her rent. Having babies almost every two years for 10 years, Edna miraculously lost them to Sudden Infant Death Syndrome when they were in her care with no other witnesses. With no relatives and no steady job, Edna managed to work on sympathies of the general public and jurors when her case was brought to court even after she admitted to suffocating the fifth child. Edna served 10 years for killing five children (Schurman-Kauflin, 2000, p. 184). A typical serial killer profile is a white male in his late twenties or early thirties (Fox Levin, 1998, p. 413). However, there already exists statistical and scholarly information on female multicide (Schurman-Kauflin, 2000, p. 3). Despite making only a small percentage of total multiple murders (one eighth of the general number), female serial killing is on the rise. In the last thirty years, there were recorded 26 female serial killers in the United Stated, which is a huge increase from previous years (p. 12). It should not be ignored. Women are rarely thought of as murderers so female serial killers may go unpunished for years making more and more harm. Their seeming innocence is what makes them more dangerous than men. Indeed, there is a difference between male and female killers. If not in the commonalities of the background, which are often similar, such as violence and abuse in childhood, than in methods of committing a crime (Schurman-Kauflin, 2000, p. 4). Male perpetrators rarely use firearms preferring to â€Å"take an active part in producing [their victims’] suffering and misery† by stabbing or strangling (Fox Levin, 1998, p. 416). Meanwhile female serial killers typically suffocate or poison because due to average physical abilities they choose their prey among elderly and young who are weaker than them (Schurman-Kauflin, 2000, p. 10). Both male and female serial killers choose the weakest as their victims but they look for them in different surroundings. Female multiple murder usually involves elders or children in care, while male serial killing sees easy prey in prostitutes, young women, and homeless alcoholics (Schurman-Kauflin, 2000, p. 18). According to recent studies, female serial killers tend to be care-givers (p. 17). They come from traditional families with sex roles defined conventionally so they choose female dominated professions of nurses, teachers, cooks or other types of caketaking (p. 17). However, the idea that women can be premeditate and murder people in their care is still unacceptable to many people. In fact, so strong is people’s disbelief in female serial killers that they often simply refuse to believe that a frail woman can conceive and execute a cold blooded murder, especially a series of them. Deborah Schurman-Kauflin tells the case of the nurse’s aides Gwen Graham and Cathy Wood of Michigan who played the game of spelling â€Å"murder† with the initials of their victims who they smothered to death at a nursing home (p. 13). Even after the women vividly described their crimes to police, â€Å"to this day, many refuse to believe that [they] could commit such atrocious acts† (p. 13). In any case, both male and female serialists share a common characteristic – they come from an abusing household (Schurman-Kauflin, 2000, p. 179). Violence breeds violence. Therefore, multiple murderers see the same hostility and unloving attitude as they have experienced in their families in their childhood. â€Å"With this expectation of abuse and distrust comes emotional isolation, which manifests itself in the forms of being emotionally flat and failing to feel empathy for others† (p. 179). As a result, being very lonely and isolated, the serial killers believe that they can restore their psychological balance through exerting power. In their case, it can be done through serial killing. The researchers ruled out the tornado effect that begins as a feeling of powerlessness in the face of humiliation and abuse experienced in their childhood. It accumulates into rage and anger which breed violent thoughts and fantasies. When another act of humiliation and powerlessness happens a next bout of more violent fantasies follows. After that usually the female multiple murderers begin to take it on small animals and later on children. The next step can be murder (Schurman-Kauflin, 2000, p. 192). In addition, the feeling of inadequacy and anger is intensified by their inability to express themselves. There is evidence that the female offenders often suffer from verbal difficulties. â€Å"Much like male offenders, this leads to increased levels of isolation and anger, which in turn becomes suppressed aggression† (Schurman-Kauflin, 2000, p. 124). When being children they had troubles in recognizing and describing their emotions, both written and verbal. Apart from a lack of education, the reason for it may be the detachment from other people. Not having close relationship with parents or siblings and being isolated from their peers, due to difficulties in communication and feeling different, such children shut down emotionally (p. 125). It can contribute to all other factors that constitute a profile of a serial killer. Primarily, it is up to the society to turn their gaze to the problem of the female multiple murders. Very often public opinion is not ready to accept and, therefore, to punish the female offender. So strong is the belief in caring capacities of women and their inability to act so atrociously. If it concerns a one-time murder we can believe that a woman could be driven to despair by an abusive father or a partner but to assume that a woman could kill her children, one a year, it is beyond our comprehension and, hence, impossible. Schurman-Kauflin mentions the case of the 72-year-old Maria Noe from Pittsburgh, Pennsylvania, who received probation after confessing the murder of her eight children (Schurman-Kauflin, 2000, p. 13). Her advanced age and her gender influenced the jurors not to put her to prison. However, it is nothing else than a serial killer and it deserves to be judged with all severity. The method of choosing a victim among people in direct care and the geographical proximity of murder cases in close vicinity make the female serial killer extremely dangerous. You never know who will be her next prey: your neighbor, your child, or even you. The detectives, criminologists, and other related experts polish their profiling skills. Even if through profiling a criminal cannot be indicated at once, the results of the research demonstrate commonalities in the backgrounds and behavioral patterns of assailants (Schurman-Kauflin, 2000, p. 213). Therefore, it narrows a search. Those who want to help in apprehending serial killers and, for example, to become a profiler, first of all, need to extensively study the multiple murders and its motivation. Without understanding the psychology of a serial killer and his or her background it would be impossible to track them. With proper academic training (Ph.D. or a Master’s Degree in Criminal Justice, Psychology, or Sociology) and homicide investigative experience, a good profiler should have first-hand experience with serial killers; otherwise, there can be blank spaces in the understanding of their motivation (Schurman-Kauflin, 2000, p. 218). Not all multiple murderers are eager to allow to dig into their heads and research the subject of their crimes. Especially female convicts are rather reticent concerning their background and what their reasons for killing were (p. 95). Some may think that so many efforts are excessive in the era of computers. However, in the case of studying human psyche, no machine can outdo an intelligent individual. Until today, computer profiling served as to point in the right direction rather than as a reliable source of exact information (Schurman-Kauflin, 2000, p. 219). Apart from difficulties to systemize all relevant information, computers simply do not have intuition which is very helpful when working with people. â€Å"A good profiler gives direction, elucidates difficult subjects, predicts behavior, aids in investigative techniques, provides interview suggestions, and helps in court situations† (p. 218). Besides the work of professional experts, each of us can armor oneself against becoming a potential victim. It is obligatory for everyone to educate oneself what we can do to protect ourselves. Questions to check the understanding of the material provided 1. Are the serial killers mentally insane? 2. What is an average portrait of a serial killer? 3. How female serial killers chose their victims? 4. What is the tornado effect? 5. What was the most startling information you learned from reading the magazine?

Taliban Decrees and Prohibitions Against Women

Taliban Decrees and Prohibitions Against Women Immediately on taking over cities and communities in Afghanistan, the Taliban imposed its law, based on an interpretation of Sharia  or Islamic  law that was stricter than in any part of the Islamic world. The interpretation is at wide variance from that of most Islamic scholars. With very minimal changes, what follows are the Taliban rules, decrees, and prohibitions as posted in Kabul and elsewhere in Afghanistan beginning in November and December 1996, and as translated from Dari by Western non-governmental agencies. The grammar and syntax ​follows the original. Those rules still prevail wherever the Taliban is in control – in vast parts of Afghanistan or in Pakistans Federally Administered Tribal Areas. On Women and Families Decree announced by the General Presidency of Amr Bil Maruf and Nai As Munkar (Taliban Religious Police), Kabul, November 1996. Women you should not step outside your residence. If you go outside the house you should not be like women who used to go with fashionable clothes wearing much cosmetics and appearing in front of every men before the coming of Islam.Islam as a rescuing religion has determined specific dignity for women, Islam has valuable instructions for women. Women should not create such opportunity to attract the attention of useless people who will not look at them with a good eye. Women have the responsibility as a teacher or coordinator for her family. Husband, brother, father have the responsibility for providing the family with the necessary life requirements (food, clothes etc). In case women are required to go outside the residence for the purposes of education, social needs or social services they should cover themselves in accordance with Islamic Sharia regulation. If women are going outside with fashionable, ornamental, tight and charming clothes to show themselves, they will be cursed by the Islamic Sharia and should never expect to go to heaven.All family elders and every Muslim have responsibility in this respect. We request all family elders to keep tight control over their families and avoid these social problems. Otherwise these women will be threatened, investigated and severely punished as well as the family elders by the forces of the Religious Police (Munkrat).The Religious Police have the responsibility and duty to struggle against these social problems and will continue their effort until evil is finished. Hospital Rules and Prohibitions Rules of work for the State Hospitals and private clinics based on Islamic Sharia principles. Ministry of Health, on behalf of Amir ul Momineet Mohammed Omar. Kabul, November 1996. 1. Female patients should go to female physicians. In case a male physician is needed, the female patient should be accompanied by her close relative.2. During examination, the female patients and male physicians both will be dressed with Islamic .3. Male physicians should not touch or see the other parts of female patients except for the affected part.4. Waiting room for female patients should be safely covered.5. The person who regulates turn for female patients should be a woman.6. During the night duty, in what rooms which female patients are hospitalized, the male doctor without the call of the patient is not allowed to enter the room.7. Sitting and speaking between male and female doctors are not allowed. If there be need for discussion, it should be done with hijab.8. Female doctors should wear simple clothes, they are not allowed stylish clothes or use of cosmetics or make-up.9. Female doctors and nurses are not allowed to enter the rooms where male patients are hospitalized. 10. Hospital staff should pray in mosques on time.11. The Religious Police are allowed to go for control at any time and nobody can prevent them.Anybody who violates the order will be punished as per Islamic regulations. General Rules and Prohibitions General Presidency of Amr Bil Maruf. Kabul, December 1996. 1. To prevent sedition and female uncovers (Be Hejabi). No drivers allowed to pick up women who are using Iranian burqa. In case of violation the driver will be imprisoned. If such kind of female are observed in the street their house will be found and their husband punished. If the women use stimulating and attractive cloth and there is no accompany of close male relative with them, the drivers should not pick them up.2. To prevent music. To be broadcasted by the public information resources. In shops, hotels, vehicles and rickshaws cassettes and music are prohibited. This matter should be monitored within five days. If any music cassette found in a shop, the shopkeeper should be imprisoned and the shop locked. If five people guarantee the shop should be opened the criminal released later. If cassette found in the vehicle, the vehicle and the driver will be imprisoned. If five people guarantee the vehicle will be released and the criminal released later.3. To prevent beard shaving a nd its cutting. After one and a half months, if anyone is observed who has shaved and/or cut his beard, they should be arrested and imprisoned until their beard gets bushy.4. To prevent keeping pigeons and playing with birds. Within ten days this habit/hobby should stop. After ten days this should be monitored and the pigeons and any other playing birds should be killed.5. To prevent kite-flying. The kite shops in the city should be abolished.6. To prevent idolatry. In vehicles, shops, hotels, room and any other places, pictures and portraits should be abolished. The monitors should tear up all pictures in the above places.7. To prevent gambling. In collaboration with the security police the main centers should be found and the gamblers imprisoned for one month.8. To eradicate the use of narcotics. Addicts should be imprisoned and investigation made to find the supplier and the shop. The shop should be locked and the owner and user should be imprisoned and punished.9. To prevent the British and American hairstyle. People with long hair should be arrested and taken to the Religious Police department to shave their hair. The criminal has to pay the barber.10. To prevent interest on loans, charge on changing small denomination notes and charge on money orders. All money exchangers should be informed that the above three types of exchanging the money should be prohibited. In case of violation criminals will be imprisoned for a long time.11. To prevent washing cloth by young ladies along the water streams in the city. Violator ladies should be picked up with respectful Islamic manner, taken to their houses and their husbands severely punished.12. To prevent music and dances in wedding parties. In the case of violation the head of the family will be arrested and punished.13. To prevent the playing of music drum. The prohibition of this should be announced. If anybody does this then the religious elders can decide about it.14. To prevent sewing ladies cloth and takin g female body measures by tailor. If women or fashion magazines are seen in the shop the tailor should be imprisoned.15. To prevent sorcery. All the related books should be burnt and the magician should be imprisoned until his repentance.16. To prevent not praying and order gathering pray at the bazaar. Prayer should be done  on  their due times in all districts. Transportation should be strictly prohibited and all people are obliged to go to the mosque. If young people are seen in the shops they will be immediately imprisoned.9. To prevent the British and American hairstyle. People with long hair should be arrested and taken to the Religious Police department to shave their hair. The criminal has to pay the barber.10. To prevent interest on loans, charge on changing small denomination notes and charge on money orders. All money exchangers should be informed that the above three types of exchanging the money should be prohibited. In case of violation criminals will be imprisoned for a long time.11. To prevent washing cloth by young ladies along the water streams in the city. Violator ladies should be picked up with respectful Islamic manner, taken to their houses and their husbands severely punished.12. To prevent music and dances in wedding parties. In the case of violation the head of the family will be arrested and punished.13. To prevent the playing of music drum. The prohibition of this should be announced. If anybody does this then the religious elders can decide about it.14. To prevent sewing ladies cloth and taking female body measures by tailor. If women or fashion magazines are seen in the shop the tailor should be imprisoned.15. To prevent sorcery. All the related books should be burnt and the magician should be imprisoned until his repentance.16. To prevent not praying and order gathering pray at the bazaar. Prayer should be done on their due times in all districts. Transportation should be strictly prohibited and all people are obliged to go t o the mosque. If young people are seen in the shops they will be immediately imprisoned.

What is meant by the phrase classical contract law To what extent are Essay

What is meant by the phrase classical contract law To what extent are such ideas still relevant in contemporary contractual relations - Essay Example This ranges from the independence of contracts to the bargaining powers through to the formal elements of contracts. We do this examination by looking at various debates and dominant ideas and conceptions as they play out in academia and in practice. The inherent advantage of using the classical model to analyse contracts is one that cannot be overlooked. This is because it makes it easier and more convenient to define the parties of contracts and their expectations. This promotes justice. However, the whole idea has been challenged through the dynamism of the post-world war society. This has led to some important modifications and this is what the paper seeks to examine in-depth through the proposed objectives. The balance between the traditionalist and modern positions on the subject are brought to bear in this paper. Holmes states that law uses deductive systems through which logic can be induced and applied to examine things in a fair manner1. In other words the science of law in itself requires the establishment of frameworks and parameters within which issues and matters can be evaluated justly and deductions made. This is the essence of law. This idea is described as the axiomatic of law by Eisenberg. The classical school of thought used the principle logic and deduction to draw frameworks for different branches of law2. This way, they played a crucial role in setting up a system of justice which ensured that cases were separated into the most appropriate classes and dealt with according to the right principles and the application of correct jurisprudence. Classical contract law developed between the mid-19th Century through to the first part of the 20th Century3. It laid down a framework which defined an airtight genre known as contract law which was strictly adhered to in that era during cases involving contract. Classical Contract Law contained three main elements:

Biometric System Essay Example | Topics and Well Written Essays - 1500 words

Biometric System - Essay Example These biometric cards have a great amount of use and the government introduced the same in order to cut down on the wastage of resources and to ensure national security. According to ministers, this card was introduced so that people would not have to have various other cards as per their identity proof and thus it would make identification for owning certain products, traveling around the country and abroad etc. better. Furthermore, it would help the government to easily keep a tab on each and every citizen residing within the country and the citizens would be able to use the social security services without misusing the same. After conducting various meetings and consultations regarding the introduction of such a system for the purpose of evaluation and tracking of every citizen within the country, the government decided to go ahead with the same because the main merit of working with this system in place would mean that the government has the ability to clearly and properly identify each and every person living in the country and thus have his records, which would further lead to a large bout of development as they would be able to understand the situation of different people better. The government also tried to keep a check on terrorist activities and thus provided that having such a system in place would really help to curb the same. In the United Kingdom, efforts were made and the majority passed the implementation of the bill for the introduction of biometric cards in the Parliament.

Importance of Examinations Essay Example for Free

Importance of Examinations Essay The world Examination is noun of the word examine. It means to test in order to verify, to judge and to certify, certain facts. Examination is a very wide word, which is used in all spheres of life. The learned examiner does not want that sense of examination to be discussed. He has in his mind the University Examination and he wants to know whether the institution of Examination should continue or should be abolished. Some persons are of opinion that examination is not the sure test of the ability of a candidate. The present examina ­tion system is based on cramming and to pass the examina ­tion has become more a matter of chance than that of abil ­ity. Again, the present system of examination promotes other evils such as copying and even corruption. The violent acci ­dents in the examination halls strengthen this claim. Even today we are told that a third-year student in one of the centers in Delhi gave a sound beating to an invigilator who objected that the candidate should not copy. The pity of the incident is that a police constable was in league with that candidate and he brought the material for him to be copied. Again, how can, the ability of a student be checked by a few questions? The answer to it is certainly in the negative. Thus, there is a strong case that it should be abolished. There are others who think that examination is a must. How can we do without an examination? Life in itself is a big examination. At every footstep we have to face certain tests. The success is always marked with dignity and honor in all the examinations of life. Examinations add to our abil ­ity, power of toleration, perseverance and other good quali ­ties. They think that examination is not only necessary but it is also a blessing. Everybody has been afraid of examinations. Even Lord Christ once uttered, May God not put anybody to test. Teachers, students, examiners and examinees, all think that examination is a curse, a horror and a terror. Most of the mental diseases among the students are the outcome of the examination and cramming. Inspite of all this, there must be something to mark the standards and to judge the ability of the candidates. The students are being led astray. They only study because they fear examinations. If this institution is abolished, it is certain they will not study even a word. Thus, we must assume that the system of examination should not be abolished, but it should be reformed so that it should be of a great advantage both to the student community and the society. The examination is an evil but it is necessary, therefore, it cannot be abolished. We cannot do without examinations, but the system needs a total reform. We should not follow the old orthodox methods, but the scientific change should be brought in the system of examinations.

Themes from the Celebration at Heorot :: Celebration at Heorot Essays

Themes from the Celebration at Heorot The passage "Celebration at Heorot" presents a wide variety of subtle themes and ideas. The three main ones are: the foretelling of the doomed future, different Christian and pagan beliefs and rituals, and the enternal battle of men vs. monster (good vs. evil). This section will analyze each one of these themes. To go to a specific page, click on the links above. Men vs Monster The theme of eternal battle between men and monster can be perceived through the different stories told by scopsat the celebration. The main idea behind the stories is that even though Beowulf has heroically defeated Grendel , or mortally wounded him, the greater evil may not be defeated for it comes from a different source. The foreshadowing is that this evil will not come from monsters but from within the men. In other words, the real evil within people is still undefeated. The three stories have different agendas in regards to this theme. The first story, about Sigemund, is a happy one, and in it a hero defeats the dragon: "The hot dragon melted." (Norton, 38) The second story is about a treacherous king, Heremod, who betrays his people, "crime took possession of Heremod" (Norton, 38), and becomes a burden to his tribe. The last story is about Hildeburh, sister of King Hnaef (Norton, 41), who was married to Finn, king of the Jutes. Hnaef paid a friendly visit to his sister's home. Finn and Hnaef had an argument, and a fight broke out. Hnaef and Finn's son were killed practically before Hildeburh's very eyes. In Anglo-Saxon society, killing a relative was considered to be the worst sin of all. (Britannica, online) Thus, the evil that caused this horrible deed comes not from an fictional (imaginary) monster, but rather from the very real monster within people themselves. And, these stories show that the battle between good and evil is far from over. Themes from the Celebration at Heorot :: Celebration at Heorot Essays Themes from the Celebration at Heorot The passage "Celebration at Heorot" presents a wide variety of subtle themes and ideas. The three main ones are: the foretelling of the doomed future, different Christian and pagan beliefs and rituals, and the enternal battle of men vs. monster (good vs. evil). This section will analyze each one of these themes. To go to a specific page, click on the links above. Men vs Monster The theme of eternal battle between men and monster can be perceived through the different stories told by scopsat the celebration. The main idea behind the stories is that even though Beowulf has heroically defeated Grendel , or mortally wounded him, the greater evil may not be defeated for it comes from a different source. The foreshadowing is that this evil will not come from monsters but from within the men. In other words, the real evil within people is still undefeated. The three stories have different agendas in regards to this theme. The first story, about Sigemund, is a happy one, and in it a hero defeats the dragon: "The hot dragon melted." (Norton, 38) The second story is about a treacherous king, Heremod, who betrays his people, "crime took possession of Heremod" (Norton, 38), and becomes a burden to his tribe. The last story is about Hildeburh, sister of King Hnaef (Norton, 41), who was married to Finn, king of the Jutes. Hnaef paid a friendly visit to his sister's home. Finn and Hnaef had an argument, and a fight broke out. Hnaef and Finn's son were killed practically before Hildeburh's very eyes. In Anglo-Saxon society, killing a relative was considered to be the worst sin of all. (Britannica, online) Thus, the evil that caused this horrible deed comes not from an fictional (imaginary) monster, but rather from the very real monster within people themselves. And, these stories show that the battle between good and evil is far from over.

Benefit Programs in the Major Airline Industry

The Human Resource topic that we selected is to analyze the benefit programs of four major airlines. Benefits are important to employees as well as their families, and can be a powerful recruiting tool. Benefits also play a major role in managerial decisions and wise benefit choices can have a long-term impact on the quality of life. Some characteristics of a sound benefits program are, they must have clear specific objectives, they must allow for employee input, they must be responsive to societal and environmental change, provide for flexibility, and there must be clear communication with employees. One of the main challenges that companies face are the overall costs of these benefit programs to the companies themselves, as well as staying competitive in hopes to attract high quality employees. Almost 40% or $14,678 per employee is spent on benefit programs per year. American Airlines like many other airlines are facing many challenges in the HR area of benefits and incentives. American Airlines as we all know is one of the leading airlines in today†s airline industry. This status reflects upon Americans benefit program. American Airlines realizes that it must stay competitive in this area to ensure that they get the most qualified employees. American Airlines offers many benefits and incentives for their employees with hopes to attract the best. Many of the benefits are standard and required by law such as social security, unemployment, workers compensation, and leaves without pay. What really must be paid attention too are the benefits and incentives that are offered in addition to the ones required by law. These benefits and incentives are what attract individuals to work for American rather than another airline. Benefits such as a 401 K – Super Saver, which allows up to an ample 20% tax provision, a stock purchase plan, a credit union which could help one to buy a house, and personal emergency coupled with sick pay, just to name a few. American Airlines also recognizes ten major holidays for which employees do not have to work, yet they still get paid. Most of these are benefits that competing airlines offer, but one benefit stands out. American Airlines pass travel program is a benefit that many do not tend to overlook. American does not offer free stand-by tickets to its employees until they have been with the airline for 10 years. What they do offer are special discounted rates. This is the major weakness in their strategy to attract employees with benefits. American offers a very long list of benefits and incentives but this is one that is left out. I believe that American Airlines is making a big mistake by not allowing employees to fly for free. To become more effective American Airlines should add this benefit to its list so that it can be competitive with the other airlines. American has many strengths which include benefits that the other airlines do not offer such as a 401 K plans of up to 20%, and a credit union. Although at the same time it has a very large weakness, which is their travel plan that only offers its employees discounted rates, instead of free airfare. American Airlines must feel that it does not have to offer this benefit to attract potential workers, because it has so many other benefits to offer. Continental Airlines prides itself on offering a wide variety of benefits to their employees. The eligibility for these benefits varies according to the length of time an employee has worked for the company, and the position that they hold. One challenge that Continental Airlines face is the cost of providing these benefits to their employees. They have to make sure that they are financially able to provide these benefit programs, while still attracting high quality employees to their company. Some of these benefits include travel passes, profit sharing, stock purchase plans, retirement plans, 401(k) savings plan, vacation and sick pay, an expense reimbursement plan, medical and dental insurance, vision insurance, life insurance, and accident insurance. Although Continental employees and their families are able to travel at reduced rates; they are not able to fly completely for free, which may be considered unfavorable by some employees. Continental employees are also able to share in the financial growth of the company by purchasing Continental stock at a discounted rate. Continental also provides a fully funded retirement plan, which employees vest in after five years of service. It also provides the 401(k) savings plan, which is a great way for employees to save for retirement. The employees can save up to 19% of their salary before taxes are withheld. Continental also matches a portion of their employees† contributions to the 401(k) savings plan. Full and part time employees of Continental are able to take advantage of paid vacations, as well as the sick leave policy which gives employees time off from work, with pay, when they are ill or unable to work. Continental also provides immediate accident insurance upon employment for all of their employees. Continental does provide many benefits upon the initial employment of their employees; however, some benefit plans are not available until seven months after they have been employed. These include medical and dental insurance, vision insurance, long-term disability plan, and life insurance. Most of the plans are pre-tax, which allows employee tax savings. For every employee, there is a benefits program that best suits him or her. Younger employees who do not have the responsibility of families may not be looking for the same benefits as an older employee with a family. Continental needs to realize these differences in employees, in order to provide a benefit program that will attract the high quality employees they are looking for. Southwest Airlines is currently the fastest growing airline in the business. Over the past 10 years Southwest have grown its revenues by 388% and its net income by 1,490%. Some of the things that have helped Southwest to grow so quickly are their personnel. They have found ways to hire employees that have out-performed every major airline for the past three years. Their hiring tactics can be accredited to a healthy business network, in-depth research, a good job database, strong recruiting staff, and an outstanding benefits program. Southwest offers its employees a very competitive benefits program. Their program offers passes and travel privileges, medical insurance, dental insurance, life insurance, long term disability insurance, sick leave, vacation and holiday pay, profit-sharing, 401 (k) plan, stock purchase plan, and a employee assistance plan. One of the special benefits to working at Southwest is flying for free on Southwest and flying free or at a reduced rate on other carriers with whom Southwest has a pass agreement. Effective from the first day of employment, all employees, their spouses, dependant children, and parents of employees all have unlimited travel privileges on Southwest. An employee may view this as a huge benefit when they decide they would like to travel. On the downside of this part of the benefit program, Southwest does not fly everywhere in the United States, and that may pose a problem for an employee that would like to travel somewhere that Southwest does not offer service. Another benefit is Southwest†s medical, dental, and life insurance plans. Employees may choose to incorporate their families with their medical and dental plans in order to save the employee money. The medical and dental plans will cover 100% of the employee†s medical and dental needs, as well as their families needs, with minimal cost to the employee. For the life insurance plan, employees may choose coverage up to 4 times their base annual income in order to protect their family. The long-term disability program is set up in case an employee becomes disabled and can no longer work. Funds are still paid to the family in order to compensate for the employee†s inability to work due to disability. Depending on employment classifications, employees are able to gather time off for personal illness and vacations. Employees celebrate several paid holidays throughout the calendar year, based on their employment classification. Southwest offers its employees a 401-(k) plan. The plan is designed to help employee†s plan for their retirement. Eligible employees may contribute up to 15% of their pay to the plan on a pre-tax basis. Employees direct their investments and may borrow against their account balance. Employees are the basic fiber of Southwest Airlines, so they feel that employees should be able to share in the success of the company by investing in Southwest Airlines Co. tock through payroll reductions. Employees pay only 90% of the market value for the stock, and broker commissions are paid for by Southwest. Southwest cares very much for their employees well being. They offer their employees an assistance plan that helps when employees need it most. The plan provides professional assistance for employees and their families in order to solve personal problems that may arise that would cause their personal lives and job performance to suffer. Southwest Airlines realizes that without its employees the company would cease to work. Southwest offers these benefits to help keep their employees happy and provided for and in return their employees strive to keep Southwest on top. United Airlines is a true global airline that has over 140 stations in more than 30 countries around the world. United prides itself on being a company where opportunity and advancement are determined solely on merit and individual achievement. United supposedly values diversity not only because it is the correct thing to do, but because it is the right business thing to do. United†s stated position is that all employees should be treated with respect and dignity. The policy not only extends to employees, but to United†s customers, vendors, and independent contractors as well. Some of the benefits that United offers to its employees are; company-paid medical, dental, life and long-term disability insurance, pension plan, paid vacations, travel passes, stock purchase plan, 401(k) plan, and credit union. Going against the company†s policy, United Airlines has been in litigation with the city of San Francisco concerning the â€Å"Equal Benefits Law†. Last year United Airlines supposedly negotiated a two-year exemption from the law in order to renew a 25-year lease with the San Francisco Airport. After opposing letters from the National Writers Union (NWU) United Airlines has joined with Air Transportation Association (ATA) in a lawsuit against the city of San Francisco challenging the ordinance. United claimed they never made an agreement with San Francisco and has not yet made a commitment to providing domestic partner benefits. The ordinance states that any entity that contracts with the city of San Francisco must provide equal benefits to its employees† registered domestic partners that it provides to married spouses. Out of its 94,000 hired employees, United currently has approximately 10,000 lesbian, gay, bisexual, and transgender employees. We believe that United is not very committed to diversity. It is obvious to see that United is trying to limit their benefit packages to those individuals that are not registered domestic partners. Some states still do not recognize domestic partners as legal binding marriages, and as a result, these individuals cannot receive equal benefits. United†s problem is that almost 11% of its total workforce is comprised of lesbians, gays, bisexuals, or transgenders. If United is committed to having diverse employees they should also be diverse in their benefit coverage. United should recognize that they have a diverse background and these select individuals need to be given equal benefits regardless of the added costs. The text mentions that part of providing a sound benefit package is allowing employees to given input into the benefit system. Having employees participate in designing benefits programs would help ensure that management is moving in the direction of satisfying employee wants. To meet the many changes occurring in society, management must reflect these changes in the employee benefits programs. The fact is that benefit plans sometimes provide little advantage to employees. Even though United might be trying to save money, their treatment towards domestic partners are limiting the organization†s ability to attract and retain quality employees. Some of the most effective policies and strategies for dealing with benefit programs are encompassed within each of the four airlines benefit programs offered. There are several benefits that are required by law, which include Social Security, Unemployment, Workers Compensation, and Leaves without Pay. Overall, American Airlines seemed to offer the most versatile benefits program. Although other programs offered similar benefits, we found that American Airlines offered the most conservative program. For example, United Airlines, and Southwest Airlines both offer free flights to all employees as well as their families, which may be more appealing to a young employee without a family. On the downside, we discovered that Southwest Airlines has a limited flight area, which minimizes their costs when employees take advantage of these programs, and allows them to offer these strategic benefits. We feel that American and Continental Airlines are overlooking an important strategic hiring strategy, by not offering free flights to all their employees, since cost of flights are fixed. For example, a flight that is only at 85% capacity will fly for the same price as a flight that is at 100% capacity. Continental Airlines, has a competitive benefits program as well, but it lacks the flight area which both United and American Airlines offer. We felt that American and United Airlines offered the best benefit programs, although American does not offer free flights from day one of employment, they offer many other compelling incentives such as, personal emergency assistance, vacation buying programs, credit union assistance, as well as flight discounts for their employees.

Assessment Worksheet Essay

1. What is the goal or objective of an IT risk management plan? – The purpose of the Risk Management Plan is to define how risks will be managed, monitored and controlled throughout the project. 2. What are the five fundamental components of an IT risk management plan? -The components of a Risk Management Plan are: Risk Identification, Risk Analysis, Risk Evaluation, Risk Monitoring and Review. 3. Define what risk planning is. – Risk planning is developing and documenting organized, comprehensive, and interactive strategies and methods for identifying risks. 4. What is the first step in performing risk management? – One of the most important first steps for a risk management plan is to establish the objectives. 5. What is the exercise called when you are trying to identify an organization’s risk health? -Health Risk Assessment 6. What practice helps reduce or eliminate risk? -Risk Management. 7. What on-going practice helps track risk in real-time? – Risk Mitigation. 8. Given that an IT risk management plan can be large in scope, why is it a good idea to develop a risk management plan team? -Scope identifies boundaries. So, if the plan is that large in scope, a team would work obviously together and not against to maintain its structure in nature and have consensus. 9. Within the seven domains of a typical IT infrastructure, which domain is the most difficult to plan, identify, assess, remediate, and monitor? -LAN-WAN 10. From your scenario perspective, with which compliance law or standard does your organization have to comply? -Honoring that the law requires a student to receives grades from instructors physically. Complaince 11. How did the risk identification and risk assessment of the identified risks, threats, and vulnerabilities contribute to your IT risk management plan table of contents? -It was detailed properly to locate provided information needed. 12. What risks, threats, and vulnerabilities did you identify and assess that require immediate risk mitigation given the criticality of the threat or vulnerability? – Among other things, faculty and/or students weak or being subject to falling short to financial, pleasure or any other immoral selfish gain. 13. For risk monitoring, what techniques or tools can you implement within each of the seven domains of a typical IT infrastructure to help mitigate risk? – Anything possible, man or man-made to properly assess, identify and deal with possible risks. 14. For risk mitigation, what processes and procedures are needed to help streamline and implement risk mitigation solutions to the production IT infrastructure? -Control, remediation, assess and reporting are key. 15. How does risk mitigation impact change control management and vulnerability management? -Change control is a systematic way to approaching change, within an organization, it can prevent the possibility of services becoming interrupted and if so, provide a plan to bring them back up as soon as possible

It is unclear when a contract is formed where Essays

It is unclear when a contract is formed where Essays It is unclear when a contract is formed where Essay It is unclear when a contract is formed where Essay It is ill-defined when a contract is formed where communicating is via the Internet. The jurisprudence of offer and credence does non readily use to such minutess. Discuss. Contracts are something that many people are confronted with every twenty-four hours, whether it be when a newspaper is purchased from a newsdealer to commercial contracts dealt with in the class of employment, in fact it has been suggested that the mean individual comes across some 25000 contracts in their life-time. [ 1 ] With the coming of the Internet, online retailing has become an mundane happening. Because of this, it is now of import to research how the jurisprudence associating to contracts is affected ; 1000000s of people all over the universe rely on the Internet on a day-to-day footing, buying a assortment of goods and services ; yet the manner these minutess are governed is non every bit clear as it ought to be. This essay will seek to research how, and more significantly, when a contract is formed via the Internet. If the jurisprudence of offer and credence does non readily use to contracts formed over the Internet, this essay shall seek to analyze how contracts are formed. As has already been mentioned, contracts are a cardinal portion of our day-to-day being and it is of import to get down this piece with a brief definition of what constitutes a contract. The chief portion of this essay will see the impressions of offer and credence and how, if at all, they have evolved to suit the Internet. As it is certain that the international legislative organic structures will hold monitored the state of affairs sing the formation of online contracts, their input shall be given some consideration with a general overview given. By utilizing text editions, diaries, articles and a little sum of Internet resources, this essay will try to determine at what point a contract comes into being via the Intern et and whether the rules of offer and credence do apply. Some consideration will besides be given to acceptance via the traditional postal service as there are some obvious similarities with the usage of electronic mail. On the face of it, there may be some similarities as to when credence occurs ; this essay will analyze this country. This essay will seek to give a clear apprehension how an country of jurisprudence that has multitudes of history traceable for 100s of old ages has been forced to accommodate to suit in with the oncoming of the technological epoch. Any illustrations given in this essay will be in the context of consumer minutess. Because of the planetary impact the Internet has had on our society, it is of import that clip is taken to see the issues environing legal power ; under which country’s legal power shall a peculiar contract be governed by? This shall merely be given really brief consideration as an in-depth analysis is beyond the range of this essay. Because the jurisprudence of contract is embedded in the common jurisprudence, there are many fluctuations on what a contract consists of. The definition that will be used throughout this essay will be taken from a lexicon of jurisprudence: â€Å"A lawfully adhering understanding. Agreement arises as a consequence of offer and credence, but a figure of other demands must be satisfied for an understanding to be lawfully adhering. ( 1 ) There must be consideration ( unless the contract is by title ) . ( 2 ) The parties must hold the purpose to make legal dealingss. This demand normally operates to forestall a strictly domestic or societal understanding from representing a contract. ( 3 ) The parties must hold capacity to contract. ( 4 ) The understanding must follow with any formal legal demands. In general, no peculiar formality is required for the creative activity of a valid contract. It may be unwritten, written, partially unwritten and partially written, or even implied from behavior. Certain minutess are, nevertheless, valid merely if effected by deed†¦or in writing†¦ . ( 5 ) The understanding must be legal. ( 6 ) The understanding must non be rendered void either by some common-law or statutory regulatio n or by some built-in defect, such as operative error. Certain contracts, though valid, may be apt to be set aside by one of the parties on such evidences as deceit or the exercising of undue influence.† [ 2 ] This is a comprehensive definition covering the chief facets of a contract, even though this essay is chiefly concerned with the jurisprudence sing offers and credence. The constructs of offer and credence will be considered farther throughout the class of this essay. An offer is considered to be a willingness to come in into a contract and must be clear, as once it has been accepted a binding contract is formed. Before the contract can be formed, there must be an credence of the offer. This can be given via words or behavior, although it was held in the instance of Felthouse v. Bindley [ 3 ] that silence is non plenty. The regulations associating to offer and acceptance have caused many instances to come before the tribunal. Many have non been capable of accommodating, although they have provided a overplus of instance jurisprudence on the topic. The usage of the Internet has revolutionised the commercial sector. This radical alteration has resulted in the demand for consideration to be given to the formation of on-line contracts. Nowadays, about all types of contract can be made via the Internet, although there are some which can merely be made in composing with both parties physically present. An illustration of this is the sale and purchase of land. Until such clip as the Land Registry can efficaciously implement a safe and unafraid method of subscribing a signature electronically, all contracts associating to the sale and purchase of land must be in composing. This is non the lone signifier of contract incapable of being formed online, but with the uninterrupted development of the Internet, it is envisaged that, at some point in the hereafter, all contracts will be formed online. At this point in the essay, it is of import to pull a differentiation between an offer and an invitation to handle. An invitation to handle should be regarded as an invitation to others to do an offer. The celebrated instance of Fisher v. Bell [ 4 ] is a good authorization on specifying an invitation to handle. A tradesman who displayed a switchblade in his store window was prosecuted for offering the knife for sale, which was a condemnable offense at the clip. In make up ones minding the instance, it was held that by exposing the knife, the tradesman was non offering the knife for sale but ask foring passers-by to originate dialogues. Similarly, in a supermarket, an offer is capable of being accepted or rejected at the check-out procedure [ 5 ] , intending that points in supermarkets should be construed as invitations to handle. A possible job of undertaking with an on-line retail merchant was encountered in September 1999 [ 6 ] . A retail merchant was found to be bespeaking on it’s web site that telecastings were available at ?3. The right monetary value should hold been ?300. Before the retail merchant could take stairss to rectify the job, people had placed orders for the telecasting at the advertised monetary value of ?3. Were the clients accepting the retailer’s offer or doing an offer themselves which gave the retail merchant the pick of accepting it or non? At the clip of telling, the clients provided their recognition card inside informations, which the retail merchant had the pick to decline these inside informations. Therefore, it would be safe to presume that the web site was an invitation to handle, in a similar manner as points in a store are invitations to handle. [ 7 ] There are several methods of instantaneous communicating, which can be used to convey credence of an offer. Possibly the most obvious signifier of instantaneous communicating is face-to-face contact. However, where the Internet is the medium of communicating, face-to-face contact with an on-line retail merchant is about impossible. A particular set of regulations are in topographic point for the postal service, known as the ‘postal regulation, ’ this was devised in the instance of Adams v. Lindsell [ 8 ] and allows an offer to be accepted at the point of posting the credence to the offerer. The thought behind this regulation is that one time a missive has been posted into a station box, the individual posting the missive loses all control of the missive and it comes into the control of the postal service. The tribunals have devised an attack to the usage of instantaneous communicating in relation to online contract formation. In the instance of Entores Ltd. v. Miles Far East Corporation [ 9 ] , a contract was formed through pass oning via teletypewriter. The complainants were located in London and made an offer, which was accepted by the suspects, who were based in Amsterdam. It was decided that the contract was made when the complainants received the credence. In his judgement, Parker LJ held: â€Å"that where parties are in each others’ presence or, though separated in infinite, communicating between them is in consequence instantaneous, there is no demand for any such regulation of convenience. To keep otherwise would go forth no room for the operation of the general regulation that presentment of the credence must be received. An acceptor could state: ‘I spoke the words of credence in your presence, albeit quietly, and you did non hear me, ’ or ‘I telephoned to you and accepted, and it matters non that the telephone went dead and you did non acquire my message ’ So far as Telex messages are concerned, though the despatch and reception of a message is non wholly instantaneous, the parties are to all purposes and intents in each other’s presence merely as if they were in telephonic communicating, and I can see no ground for going from the general regulation that there is no adhering contract until notice of the credence was receive d by the offeror.† By and large, the formation of an online contract is the same as the formation of an offline contract. The confusion environing on-line contracts arises when credence is considered. As an illustration, see if the marketer processes the customer’s order through the web site, but credence is made by e-mail. Is acceptance communicated when the marketer presses the ‘send’ button, when it leaves the seller’s e-mail system, when it enters the buyer’s e-mail system or when the purchaser reads it? A little differentiation shall be drawn between the Internet and electronic mail. However, as there is no uncertainty as to the relationship between the two, consideration will be given to both. It has to be said that the bulk of consumer minutess preponderantly take topographic point with small engagement of electronic mail. In some respects, it is rather reasonable to distinguish between the Internet and the usage of electronic mail. Minutess that are formed over the Internet are instantaneous, whereas the bringing of electronic mail may be delayed by hours and perchance yearss depending upon the sum of electronic traffic go throughing through the web. As the ultimate fate of an e-mail can be influenced by extrinsic factors, a more accurate analogy may be made with the postal service. The regulations sing negociating an offer must be considered. When an offer is accepted, if it seeks to add new footings to the offer, the original offer is destroyed and a counter-offer is made. The instance of Hyde v. Wrench [ 10 ] is a perfect presentation of this. Wrench offered to sell his farm to Hyde for ?1000. In response, Hyde said he would pay ?950. When this was declined, Hyde offered to pay the ?1000. The ensuing legal action held that Hyde’s counter-offer of ?950 had destroyed the offer to sell at ?1000. Unusually, non many instances sing contractual relationships created via the Internet have come before the tribunal. This is rather unusual sing that many goods and services have been available to buy online for several old ages. The instance of J. Pereira Fernandes SA v. Mehta [ 11 ] concerned an e-mail sent by the defendants’ helper on the defendant’s instructions, refering a debt. In the electronic mail, sent to the claimant’s canvassers, the suspect put frontward a proposal to refund the outstanding debt. The electronic mail was non signed, although it did include the defendant’s e-mail reference. The claimant’s canvassers were prepared to accept the offer and communicated this to the suspect explicating that they would direct him the necessary paperwork to formalize the understanding. The suspect neer received the paperwork. The claimant’s canvassers sought to implement the personal warrant given by the suspect in his electronic mail. At first case, it was held that the personal warrant given in the electronic mail was capable of being enforced. On leting an entreaty by Mr. Mehta, Judge Pelling Q.C. stated: â€Å"I have no uncertainty that if a party creates and sends an electronically created papers so he will be treated as holding signed it to the same extent that he would in jurisprudence be treated as holding signed a difficult transcript of the same papers. The fact that the papers is created electronically as opposed to as a difficult transcript can do no difference.† This judgement, given in the Chancery Division of the High Court, shows the bench is get downing to accommodate old contractual rules to embrace modern technological progresss. The International Chamber of Commerce’s Uniform Rules for Electronic Trade and Settlement put forward a proposal that offers and credences made electronically go effectual merely when it enters the information system of the receiver in a signifier capable of being processed on that system. [ 12 ] In order to appreciate the differences between offers and credences, the footings and conditions of several popular web sites have been looked at to measure the different points at which contracts become created. The first set of footings and conditions that were examined were those of Play.com. Paragraph 5 of the footings and conditions [ 13 ] provides: â€Å"No contract for the sale of any merchandise will exist between you [ the client ] and Play.com unless and until Play.com accepts your order by manner of an e-mail confirming that it has received payment in full for all the goods you have ordered. That credence will be deemed for all intents to hold been efficaciously communicated to you at the clip Play.com direct the electronic mail to you ( whether or non you receive that electronic mail ) . This verification e-mail sums to an credence by Play.com of you offer to purchase goods from Play.com or a 3rd party provider that is engaged on your behalf by Play.com† It is apparent that a contract will be merely be formed when Play.com send the verification electronic mail to the consumer. This will do for pass oning the credence to the consumer. Amazon.co.uk take a similar stance with paragraph 13 of their conditions of usage and sale [ 14 ] stating: â€Å"When you place an order to buy a product.. , we will direct you an e-mail corroborating receipt†¦Your offer represents an offer to us to buy a merchandise which is accepted by us when we send e-mail verification to you when we’ve dispatched that merchandise to you†¦That credence will be complete at the clip we send the despatch verification electronic mail to you.† Whereas Play.com accept the offer when they confirm reception of payment, Amazon.co.uk wait until they have sent a verification electronic mail corroborating they have dispatched the goods. The gadgetshop.com [ 15 ] differs somewhat as it makes proviso for the cancelling of the contract. In a similar attack to Amazon.co.uk, they merely accept the offer and reason the contract when despatch of the order occurs. With respects to the cancellation of the contract, paragraph 6 of the gadgetshop.com’s footings and conditions provides: â€Å"You may call off your contract with us for the goods you order at any clip up to the terminal of the 20 one yearss from the day of the month you receive the ordered goods. You do non necessitate to give any ground for call offing your contract nor will you hold to pay any penalty.† These methods of offering and accepting are all compatible with The Electronic Commerce ( EC Directive ) Regulations 2002, to be considered in the following portion of this essay. It should be noted that all the featured retail merchants send some signifier of collateral electronic mail. There have been many efforts to codify the jurisprudence associating to undertaking via the Internet. Because of the international nature of the Internet, many of the efforts at codification have been made by international administrations. In December 1999, the Organisation for Economic Co-operation and Development ( OECD ) agreed guidelines on the Electronic Commerce, the end of which was: â€Å".. that consumers shopping online should bask transparent and effectual protection that is non less that the degree of protection that they have in other countries of commercialism. Among other things, they stress the importance of transparence and information disclosure.† [ 16 ] The oncoming of the online contract has non avoided the attending of the European Union. A programme for regulative action was outline in â€Å"A European Initiative in Electronic Commerce† . [ 17 ] The Consumer Protection ( Distance Selling ) Regulations 2000 apply to contracts made by consumers when there is no face-to-face contact with the marketer. This would clearly use to all consumer-related contracts formed via the Internet. When these Regulations do apply, they allow the consumer to call off the contract by giving written notice. This option remains unfastened for a period of seven yearss after having the goods provided under the contract. Protection is besides given to the marketer when they offer things for sale via the Internet. Regulation 11 ( 1 ) ( B ) of the Electronic Commerce ( EC Directive ) Regulations 2002 [ 18 ] provinces that a marketer shall do available to the consumer appropriate, effectual and accessible proficient agencies leting him to place and rectify input mistakes prior to the placing of an order. Regulation 12 provides that an ‘order, ’ as mentioned in 11 ( 1 ) ( B ) means the ‘contractual offer.’ Article 9 of the Electronic Commerce ( EC Directive ) Regulations 2002 [ 19 ] provides that: â€Å"Treatment of contracts Member States shall guarantee that their legal system allows contracts to be concluded by electronic agencies. Member States shall in peculiar guarantee that the legal demands applicable to the contractual procedure neither create obstructions for the usage of electronic contracts nor consequence in such contracts being deprived the legal effectivity and cogency on history of their holding been made by electronic means.† This ensures that the tribunals must use the same contractual rules to online contracts as they do to contracts created off-line. Article 11 of the aforesaid Directive [ 20 ] goes on to state: â€Å"1. Member States shall guarantee, except when otherwise agreed by parties who are non consumers, that in instances where the receiver of the service topographic points his order through technological agencies, the undermentioned rules apply: the service supplier has to admit the reception of the recipient’s order without undue influence and by electronic agencies, the order and the recognition of reception are deemed to be received when the parties to whom they are addressed are able to entree them. Member States shall guarantee that, except when otherwise agreed by parties who are non consumers, the service supplier makes available to the receiver of the service appropriate, effectual and accessible agencies leting him to place and rectify input mistakes, prior to the placing of the order. Paragraph 1, first indent and paragraph 2 shall non use to contracts concluded entirely by exchange of electronic mail or by tantamount single communications.† It has been demonstrated that under English contract jurisprudence, the offer must be accepted before a contract is formed. This in itself will be sufficient recognition of the order, nevertheless, the Directive places a farther load on the retail merchant because they must so admit the credence the offer. Undoubtedly, because of the planetary nature of the Internet, it should ever be considered which legal power would be used to regulate the contract. Should a contract fail to advert the regulating legal power, an of import factor to be considered would be in what legal power was the contract finalised. In this regard, peculiar attending should be paid to the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968, although any farther analysis of this country is beyond the range of this essay. In decision, those who enter into contracts over the Internet must be offered some protection. If the jurisprudence of offer and credence does non readily use to such minutess so the whole impression of e-commerce becomes unstable. When a contractual difference comes before the tribunals, the bench have to turn to instance jurisprudence, some of which is 100s of old ages old. Through broad reading of the judgements given in these old instances, the tribunals are able to widen many of the rules already in being. The judgement in J. Pereira Fernandes SA v. Mehta [ 21 ] merely goes to exemplify the court’s avidity to supply those who enter into any signifier of on-line understanding with some protection. There is surely a clear differentiation drawn between the usage of the postal service and the usage of instantaneous communications, such as electronic mail. The illustrations given within this essay have demonstrated that contracts are formed at somewhat different times: either when reception of payment is received or the goods purchased under the contract are dispatched. However, there is small uncertainty that contracts are formed. The legislative governments, such as the European Union, have clearly appreciated the fact that in order for a contract to be formed, there must be an offer, which must be accepted. This is a basic foundation of contract jurisprudence which has been embedded in the common jurisprudence system of this state for 100s of old ages. As a consequence, this essay seeks to differ with the averment that the jurisprudence of offer and credence does non readily use to minutess formed over the Internet. By working in concurrence, the usage of electronic mail and the Internet can get the better of the jobs that may be encountered with the formation of contracts over the Internet. 3734 words. It is ill-defined when a contract is formed where communicating is via the Internet. The jurisprudence of offer and credence does non readily use to such minutess. Discuss. Adams v. Lindsell ( 1818 ) 1 B A ; Ald.681 A European Initiative in Electronic Commerce hypertext transfer protocol: //www.bakernet.com/ecommerce/european % 20ini % 20ecom.pdf as at 25ThursdayJuly 2006. Bygrave, L.A. A ; Foss, M. International Consumer Purchases through the Internet: Jursidictional Issues pursuant to European Law. I.J.L A ; I.T. 2000, 8 ( 2 ) , 99-138. Conditionss of Use and Sale of Amazon.co.uk: hypertext transfer protocol: //www.amazon.co.uk/exec/obidos/tg/browse/-/1040616/ref=cs_hd_lp_3/026-2738009-7862032 # sale as at 26ThursdayJuly 2006. Directing 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal facets of information society services, in peculiar electronic commercialism, in the Internal Market, â€Å"Directive on Electronic Commerce.† Entores Ltd. v. Miles Far East Corporation [ 1995 ] 2 All E.R. 493 Felthouse v. Bindley ( 1862 ) 11 CBNS 869 Fisher v. Bell [ 1961 ] 1 Q.B. 394 Hyde v. Wrench ( 1840 ) 3 Beav. 334 IOLIS, 10ThursdayAnniversary edition, Law Courseware Consortium, School Of Law, University of Warwick. J. Pereira Fernandes SA v. Mehta [ 2006 ] EWHC 813 ( Ch ) Lloyd, Ian.Legal Aspects of the Information System. Butterworths, 2000. Martin, E.A. A Dictionary Of Law, Fifth Edition. Oxford University Press, 2003. Perritt Jr. , Henry. Law and the Information Superhighway. Wiley Law Publications, 1996. Pharmaceutical Society of Great Britain v. Boots Cash Chemists ( Southern ) Ltd. [ 1952 ] 2 All E. R. 456. Roger, Kevin. Signing your e-life off. 156 N.L.J. 833. Stone, Richard.The Modern Law of Contract, Fifth Edition. Cavendish Publication, 2002. Stone, Richard.Contract Law 2005-06, Sixth Edition. Cavendish Q A ; A Series, 2005. Footings and Conditionss of Play.com: hypertext transfer protocol: //www.play.com/HOME/HOME/navfoot/5-/AboutUs.html? page=terms as at 26ThursdayJuly 2006. Footings and Condtions of The Gadgetshop.com: hypertext transfer protocol: //www.thegadgetshop.com/pws/TAndC.ice as at 26th July 2006. Upex, R. A ; Bennett G.. Davies on Contract, Ninth Edition. Thomson Sweet A ; Maxwell, 2004. 1

Appeasement and the Munich - Smart Custom Writing Samples

Appeasement and the Munich - Smart Custom Writing Heat and TemperatureIn order to understand about heat and temperature, it is of great importance to introduce the meaning of matter as well as the Kinetic Theory of Matter. This is because heat can be seen to exist when its effects are observed on matter. Without matter heat and temperature could not be realized. Matter can be defined as anything that has mass and that can occupy space. Matter is composed of substances, and these can be seen being made up of atoms, ions and molecules. Atoms, ions and molecules are the building blocks of matter; such that the behaviors of different types of substances are determined by these primary particles. The atoms of substances contain minute particles which are referred to as protons and electrons. These subatomic particles are also considered matter since they both have weight and occupy space (Atkins Paula, 2002).   Matter exists in three distinct states namely, solid state, liquid state and gaseous state. The three state of matter are inter-convertible such that one state can be converted into another state by changing the immediate environmental conditions especially temperature. The solid state of matter is characterized by having its own volume as well having a definite shape. Liquid state of matter is characterized by having its own volume but assumes the shape of the container it occupies. Gaseous state of matter does not have both its own volume and shape but occupies entire volume of the container and as well assumes the shape of the container it occupies (Atkins Paula, 2002). Kinetic Theory of Matter states that matter is made up of very many minute particles that are in a constant state of motion. The theory can also be referred to as the Kinetic Molecular Theory of Matter.   The theory forms the basis to explain the behavior that different forms of matter exhibit simply by making simple assumptions, for example, the idea that matter is composed of widely spaced particles which are in a constant motion. The significant areas in this case are transfer or flow of heat as well as the relationship between temperature, pressure, and volume of gases. The Kinetic Theory of matter is a mere prediction regarding the behavior of matter, based on particular approximations and assumptions. These assumptions and approximations are made from experiments and observations, for instance, the fact that objects are made up of atoms or small molecules (Burshtein, 1996).   Heat can be defined as a form of energy that is associated with the motion of molecules or atoms and that can be conveyed through fluid and solid media by the process of conduction, through vacuum by the process of radiation, and through fluid media by convection process.   There are different sources of heat, for instance, heat due to friction, heat due to nuclear reactions, heat due to sun, heat due to burning of fossil fuels, and heat due to electricity. This transmission of energy from one substance to another is determined by a change in phase or a difference in temperature. Therefore temperature can be defined as the measure of the mean kinetic energy of the molecules or atoms in a given sample of matter, and it is usually expressed in degrees or units chosen on a typical scale. The relationship between heat and temperature is depicted from the definitions. Temperatures of substances rise when heat is supplied. Intense heat is characterized by high temperature (Turns, 2006). Now it will be very clear, if in the discussion of converting substances from one state to another immediate state, heat and temperature are involved. From the Kinetic Theory of Matter, it is evident that matter is made up of small particles that are in a constant state of motion. These particles may consist of molecules, ions or atoms which are held together by strong forces of attraction. In the solid state, the particles are closely packed together in fixed positions. The particles cannot move from one position to another but can vigorously vibrate within their fixed positions, and this is because the forces of attraction between the particles are very strong. With the increase in the temperature of a substance in solid state, the particles gain heat energy gradually and the kinetic energy of the particles increases. A point is reached when the particles start to move more vigorous until the forces of attraction between them weakens.   The particles can now move from one place t o another as the substance changes state from solid to liquid. The substance loses its definite shape but it still has its own volume (Atkins Paula, 2002). In the liquid state, the particles are not as closely held together as in the solid states since the forces of attraction between the particles are a bit weaker. The particles are free to move from one place to another within the structure. When the temperature of the substance is increased further, the particles gradually absorb heat energy. The kinetic energy of the particles further increases as the particles move more vigorous. A point reaches when the forces of attraction between the particles are overcome and the particles move far apart from one another. At this point the substance changes its state from liquid to gaseous state (Turns, 2006).   Reduction in temperature reverses the processes, such that the substance in gaseous state changes into liquid state and finally into solid state. This is because, as the temperature reduces, the kinetic energy of the particles goes down and the forces of attraction become stronger. Thus the particles of the substance attract one another. Heat capacity of a substance is defined as a measurable physical quantity that portrays the amount of heat needed to change the temperature of a body by a particular amount. The SI units for heat capacity are joules per Kelvin. In substances heat capacity is determined by various properties for example the amount of matter in the substance expressed in terms of its mass, the type of material of which the substance is composed of, the temperature of the substance, and the atmospheric pressure (White, 1999).  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚   References Atkins, P., Paula, J. (2002). Atkins' Physical Chemistry. Oxford Oxfordshire: Oxford University Press. Burshtein, a., (1996). Introduction to Thermodynamics and Kinetic Theory of Matter.   London: J. Wiley. Turns, S., (2006). Thermal-Fluid Sciences. Cambridge: Cambridge University Press. White, G., (1999). Heat Capacity and Thermal Expansion at Low Temperatures. New York:   Kluwer Academic/Plenum.

The advantages of using Electronic Medical Records Essay

The advantages of using Electronic Medical Records - Essay Example The advantages of using Electronic Medical Records The implementation of EMR although will require initial investments, it will prove to be beneficial in the long run. The costs for maintaining paper records will be eliminated. Moreover, the plans for implementing EMR will be provided and required changes that have to be undertaken shall be discussed. Last but not the least, a fact sheet will be developed that will include generally and frequently asked questions for the colleagues to familiarize the concept of portable EMR. Overview In this world of technologies, where organizations from all industries are implementing modern technologies to simplify the work practices, medical institutions are not far behind. The record maintenance of patient information has become an important and common phenomenon in all medical organizations and institutions. It enables institutions for providing effective advice to the patients regarding any medical emergencies. Traditionally, institutions maintained records of the patients manually through files. However, this practice is not efficient while maintaining the records for a longer period of time. The files are prone to damages or being mismanaged due to mishandling or human carelessness. Thus, the need of maintaining patient information through electronic mediums has evolved and organizations have started to implement strategies for adopting the practices. EMR is a modern concept for protecting the information of the patients which enabled institutions for having access for a longer period of time. ... In addition, it provided the flexibility of switching vendors and accessing EMRs from various places. Thus, EMRs were made portable through Core Data Sets (CDs) and flash drives that could easily be carried and remains with the patients every time and everywhere (OntarioMD Practice IT Operations, 2011). Development American Nursing Informatics Association (ANIA) is a non-profit organization which deals in social welfare and well being of the people. The members of the organization have recognized the importance of maintaining the records of the patient information who have been assisted for treatments without their personal expenses. Furthermore, as the association deals with funds from various sources, information regarding the spending in treatment of patients should be maintained efficiently and for a longer period of time (American Nursing Informatics Association, 2012). The vendor associated with ANIA in providing and maintenance of the computer systems had stopped its dealings due to business failure. Therefore, the members recognized the urgency for contracting with a new systems vendor in providing efficient services. Therefore, portability of EMRs evolved as a necessary task in order to protect the patient information in case of any replacement or malfunctioning (American Nursing Informatics Association, 2012). In accordance with the HITECH Act proposed in 2009, all medical practitioners and organizations in the healthcare industry are required to implement various changes in order to maintain Electronic Health Records (EHR) or EMR of patients in the prescribed format. Although many organizations or practitioners objected due to the time and costs involved in the transitional phase, 48.3%

Marketing Research Buyers and Their Budgets Article

Marketing Research Buyers and Their Budgets - Article Example Sullivan identified the following factors that research buyers take into account, to wit: (1) meeting buyers’ needs more; (2) commitment for partnership; and (3) incorporating the effects of the changes in the environment, like a recession, at present. The author’s views are most relevant for organization’s perusal specifically those taking into account the recent consumers’ preferences, attitudes, and values in response to environmental concerns. The recent financial turmoil that beset the global markets necessitated a review of various organizations’ strategies: marketing, operations, financial, human resources, among others. The relevance of scanning the environment is critical to adjust and adapt corporate strategies which would ensure the accomplishment of organizational goals. Organizations that invest in marketing research must recognize the benefits that they would derive from the suppliers of information as against any costs that would be incurred for employing their services. Thereby, the author’s inputs are relevant to review contemporary marketing strategies in the light of the financial crisis that affected global markets. Sullivan’s contentions are compatible with traditional marketing theories which stipulate the need to factor in recession and its potential aftermath. A period of deep shortages calls for strategic remarketing. Many consumer changes call for new marketing rethinking which would be made available through an effective marketing research effort. According to Kotler (1980, 708), â€Å"marketing is an evolving discipline that must develop new answers as new problems arise†. The recession and the preceding developments lead to changing consumer lifestyle, characterized by more sensible or austere consumption. Firms could re-assess their strategies to recognize a marketing opportunity to serve the needs of the growing segment of sensible consumers.