Is The Death Penalty Ever Justified - 1099 Words

Lyndze Curry Professor Jennifer Arceo English 1301.1CY 09, June 2015 Is The Death Penalty Ever Justified? In the American society many citizens argue daily, is the death penalty justified? The United States is sharply divided, and equally strong among both supporters and protesters of the death penalty. Arguing against capital punishment, many believe The death penalty is the ultimate denial of human rights (White).† Some simply believe it to be premeditated and cold-blooded killing of a human being by the state in the name of justice (about.com). It violates the right to life. Some would even argue that this violates the Eight Amendment for no cruel or unusual punishment inflected. Many argue that the death penalty diminishes all of us, increases disrespect for human life, and offers the tragic illusion that we can teach that killing is wrong by killing. However, I completely disagree that the death penalty is cruel unnecessary punishment. If an individual intentionally and knowingly commits a crime that deserves the death penalty then I believe it is justified. For example, if someone kills an innocent citizen then I feel it would be okay to take the life of the person who committed the crime. The phrase, Life shall go for life, eye for eye, tooth for tooth, (New Testament)† is punishment in which the offender suffers what the victim has suffered, exact retribution. There are defendants who earn the ultimate punishment that society has to offer by committing murderShow MoreRelatedThe Death Penalty Is It Ever Justified?1111 Words   |  5 Pagesbeing committed more often. The death penalty is something that is needed here in the United States to help lower these ongoing vicious crime rates. In the essay â€Å"The Death Penalty: Is It Ever Justified?† Written by Edward I. Koch, this exact issue is discussed. Koch believ es capital punishment in the form of the death penalty may help make these criminals to understand morality, or right from wrong. He states, â€Å"Life is indeed precious, and I believe the death penalty helps to affirm that fact† (483)Read MoreThe Death Penalty Is It Ever Justified?958 Words   |  4 Pageswere written about the death penalty. Throughout this essay I will be using examples from multiple sources. Marie Cartier â€Å"Right to Life vs Right to A Life†, Edward Koch â€Å"The Death Penalty: Is it Ever Justified?†, David Bruck â€Å"The Death Penalty† which is a direct response to Koch, and lastly Zachary Shemtob and David Lat â€Å" Should Executions Be Televised†. It should also be stated that when talking about the value of life, this author is referring to the criminal, on death row for murder. As insensitiveRead MoreCan The Death Penalty Ever Be Justified?1828 Words   |  8 PagesCan the death penalty ever be justified? The legitimacy of the use of capital punishment has been tarnished by its widespread misuse , which has clouded our judgment regarding the justifiability of the death penalty as a punitive measure. However, the problems with capital punishment, such as the â€Å"potential error, irreversibility, arbitrariness and racial skew , are not a basis for its abolition, as the world of homicide suffer from these problems more acutely. To tackle this question, one mustRead MoreThe Death Penalty: Can It Ever Be Justified? Essay1426 Words   |  6 Pages â€Å"The Death Penalty: Can It Ever Be Justified?† Edward I. Koch uses his essay â€Å"The Death Penalty: Can It Ever Be Justified?† to defend capital punishment. He believes that justice for murderous crimes is essential for the success of the nation. The possibility of error is of no concern to Koch and if would-be murderers can be deterred from committing these heinous crimes, he feels the value of human life will be boosted and murder rates will consequently plummet (475-479). Koch makes a valiantRead MoreCapital Punishment Essay example710 Words   |  3 PagesCapital Punishment Lets keep society safe and give murderers what they deserve - the death penalty. In this essay I will hope to set out both sides of the argument, for and against Capital Punishment. The advantages and the disadvantages will be considered in conjunction with Christian teachings and belief. The Christian teachings, Old Testament and New Testament will also be compared with human reactions to the subject. From my research and analysis inRead MoreDealth Penalty Is Not a Solution Essay1003 Words   |  5 PagesIs the death penalty a good solution to crime? The death penalty is not a good solution to crime. The ultimate purpose of the justice system is to control crime by punishing criminals and protect people by imprisoning them. Compared to the death penalty, life imprisonment not only achieves the same goals but also in many ways it can be more effective than capital punishment. In the Vincent Brothers’ case of 2004, Brothers murdered five of his family members- his wife, children, and mother in lawRead MoreCapital Punishment : A Prosperous And Amazing Journey For The Development And Advancements Of The Human Race1656 Words   |  7 Pagesand Han dynasties all demonstrated the need for a death penalty to expunge the evil from their land. Established in the Roman 12 Tablets, contested as one of the greatest pieces of law from its time, validated the death penalty on the concept that a nation needed to be pure and as humanely guided as possible. The concept of capital punishment, although highly challenged, has a chronicle of evidence that supports the requirement of the death penalty. Capital punishment is necessary based on the factRead MoreThe Death Penalty Is Not Morally Permissible?1231 Words   |  5 Pagescrime has been met with several different styles of execution. In 1976, the United States government reinstalled the death penalty four short years after having banned it claiming that it violated the Constitution s ban on cruel and unusual punishment (MacKinnon, Ethics 289). Since 1976, the morality of execution as just punishment has been a highly discussed topic. The death penalty is not morally permissible because dissolving one s basic human right to life is wrong. In the United States,Read MoreJustification in The Old and New Testaments Essays1681 Words   |  7 Pages When a man is justified before God, he is declared not guilty with reference to the sins he has committed against God. Amazingly, Gods not guilty verdict does not relate to just one crime, but to every sin the justified man has ever committed or will commit. Paul declares that we have no penalty to pay for sin, which includes past, present or future sins that we may commit. Those who have been justified by faith, â€Å"There is therefore now no condemnation for those who are in ChristRead MoreBanning the Death Penalty1620 Words   |  6 PagesShould the death penalty be banned internationally as a type of punishment? This form of punishment has been quite a controversial issue worldwide for quite a few years. The death penalty for hundreds of thousands of years has been a punishment for criminals throughout the world; in the past ranging from what we would n ow consider small crimes to huge ones, to the present where most if not all those punished with death penalty are for fairly large crimes. Actual laws involving death penalty is known

Involvement and Involvement Factors When Buying a Computer Free Essays

You should first have an idea of the type of computer you want. You should plan to purchase your new computer so that you can get a good product life out of your computer. It will be very disheartening to purchase a brand new computer only for you to get a small use out of it. We will write a custom essay sample on Involvement and Involvement Factors When Buying a Computer or any similar topic only for you Order Now You should purchase a computer for two or three years out; due to the rapid changes in the technology field. The next step should include finding a good store to purchase from. A general rule to remember is that computers are much cheaper if you buy them versus leasing one. If you are tight on cash, you would be better off leasing, as a better alternative. If the store you purchased your new computer from is overall helpful and friendly, you can expect great things if you have questions about your new computer purchase in the future. You should decide whether you want a laptop or a desktop computer. Desktop computers are much cheaper than laptop computers, about twice as much cheaper for some brands. If you are a business person and are always on the go, you should consider the purchase of a laptop computer. If you are a stay at home parent, a desktop computer would best fit your lifestyle. You should always invest in a good monitor. Monitors with a 17 inch screen or less causes you to squint a bit. You can either choose from a flat panel monitor or a tube type monitor. Flat panels don’t have the best image quality as tube type monitors have. However, tube type monitors take up a lot of space. They also tend to get blurry when they age, while flat panels won’t corrupt when they age. Networking is what makes the computer fun. Another key factor that you should consider while purchasing a computer is your Ethernet cords. Be sure to purchase a computer with 10/100/1000 Ethernet jack; as it is preferred by most computer lobbyist. You should also enable encryption codes to keep other people from hacking into your wireless internet. Another key involvement factor would be purchasing a warranty for your new computer. Extended warranties just make perfect sense when purchasing a new electronic device. They are excellent for big retailers and you should be sure to know about the coverage on your warranty, what it covers and what it doesn’t cover. I think apple has complicated things for the average consumer. I don’t feel as if the website broke down all of the products and services down to a tee. How to cite Involvement and Involvement Factors When Buying a Computer, Papers

Immigration and Border Protection

Question: Discuss about the Immigration and Border Protection. Answer: Introduction: Explain in plain English the practical implications of the decision of the Federal Court in Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32 The issue in this case is related with the practical implications of the decision given by the Full Federal Court in this case. In its decision, the Full Court of the Federal Court of Australia has overruled the interpretation of Schedule 3 that has been adopted by the DIPB. In this case, it was the opinion of the court that the interpretation that has been adopted by the Department was too strict and similarly, the court also believed that this interpretation was not supported by the law. The brief facts of this case are that the appellant was from Thailand and his wife was from Australia. Under these circumstances when the applicant made an application for partner Visa, he did not have a substantive Visa. Similarly, the criterion 3001 was not satisfied by the applicant. According to this criteria, it was required that the applicant should have made an application for partner Visa within 28 days after the expiry of his visitor visa. Therefore, efforts were made by the applicant to e stablish that there were compelling reasons due to which the requirements that have been prescribed by Schedule 3 should have been waived in his case, but he was not successful. While refusing the application, it was the opinion of the department that the discretion of the Minister was restricted only to the compelling reasons that were in existence when the applicant had made the application. As a result of this construction of these provisions, any compelling reasons that were related with the circumstances or events that came into existence after the application for partner visa was made by the applicant, cannot be considered. In this way, while the applicant tried to establish that feared persecution if he was make a fresh application after returning to Thailand as he was a Muslim citizen of Thailand. In the same way, the applicant also expressing his fears that they may not be able to meet his wife again if they had to go back to Thailand for making the application for partner visa. The applicant also tried to rely upon the fact that his wife was ill and required continuous medical attention along with the fact that his wife was dependent on him financially. However, it was the opinion of the department that these circumstances were not in existence when the applicant had made the application for partner visa and therefore, these compelling reasons cannot be considered for waving schedule 3 criteria. But the court did not accept this interpretation of the department of these regulations. The first issue pointed out by the court was that there was nothing in the words of these sections on the basis of which, it can be said that the consideration of decision-makers has been confined to the compelling reasons that were present at the time of making the application. The second issue raised by the court was that in this case it was obvious that the waiver power has been introduced with a view to provide flexibility while deciding the cases in which compelling reasons are present to which the applicants may not be put to the hardship of meaning Australia for the purpose of making the visa application. In this way, it was stated by the court that the strict interpretation that has been adopted by the department appears to be against the purpose due to which the waiver power has been introduced by the Legislature. Consequently, the court stated that the case should be sent back to the Ad ministrative Appeals Tribunal for a rehearing. Before this decision generally the applications of the applicants who were under similar circumstances in which the applicant in the present case was, (a non-citizen applying for partner visa while remaining in Australia) were not allowed the waiver of schedule 3 criteria and the result was that these applications had to leave Australia in order to make the application for visa. But in this case, in the opinion of all the three judges, no reasons were present which the circumstances can be restricted, whether they were in favor of the applicants or not, to the position at a time before the Minister arrives at the conclusion that such discretion should be exercised. As a result of the fact that almost entirely, it has been left to the immigration Minister or his delegate to decide if there are sufficient compelling reasons due to which a waiver of schedule 3 criteria should be granted, the judges gave a strong message in this case that i t is very significant that such decisions should be made by remaining within the bounds of law. Therefore, the impact of this decision can be described as being more sympathetic towards the applicants for partner visa as against the current policy interpretation that was adopted by the department. In the same way, there will be strong implications of this decision on the way in which the schedule 3 criteria is applied to the other applicants. In this way, it can be said that as a result of this decision, the grounds have been expanded on which the applicants may rely upon when they are applying for the schedule 3 criteria waiver. Similarly, as a result of this decision, it can also be said that the full court decision has increased the chances of such applicants to remain onshore when their visa application is being assessed. The decision is also likely to have a retrospective impact on the cases that were earlier decided by relying on the compelling circumstances that existed then the application was made. What principles of statutory interpretations (if any) were utilised by the Federal Court in this case? Answer: In this case, the court arrived at his decision by relying on certain principles of statutory interpretation. The term statutory interpretation is related with the action of the court for the purpose of understanding the specific meaning of a particular piece of legislation. A number of cases go to appeal on the issue of interpretation of a particular statutory provision. Broadly speaking, the statutory rules of interpretation are the literal rule, Golden rule and the mischief rule. The literal rule which is also known as the ordinary meaning rule, the court gives the literal meaning to the words of the statute, regardless of the fact that such result is sensible or not. On the other hand, the golden rule is considered as an exception to the literal rule. This rule of statutory interpretation is used when the application of the literal will result in an interpretation that circumvent instead of applying the intention of the Parliament. The final rule of statutory interpretati on is the mischief rule. According to this rule, a judge tries to determine the intention of the legislature or what is the mischief or a defect that the statute in question is trying to remedy and what ruling will effectively implement this remedy. In the present case, the full court applied the golden rule of statutory interpretation and arrived at the conclusion that the effect of sub-clause 820.211(2)(d)(ii) is that the compelling circumstances on which the applicant had claimed the way for a visit in the criteria, are not restricted to the circumstances that were at the time of making the application. In view of this interpretation of this provision by the court, despite the current policy adopted by the department and the tribunal according to which they only considered the circumstances that were present when the application was made, they had to consider the circumstances that arose after the application was made. Therefore, as a result of the statutory interpretation adopted by the court, despite its current policy, the Department and the Tribunal were under an obligation to consider the circumstances of the applicant that were present data in the application was made and not only the compelling circumstances that existed at the time of the application. In this regard, the provision in Migration Regulations mentions that the criteria provided by schedule 3 can be waived if the department is of the opinion that compelling circumstances are present in the case due to which the criteria should not be applied. Bibliography Migration Act 1958 Migration Regulations (Amendment) 1996 No 75 (Cth), Explanatory Statement Migration Regulations 1994 Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32

Word Essay free essay sample

My word is actually a phrase, my phrase is â€Å"sense of humor. We will write a custom essay sample on Word Essay or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page † Sense of humor has a few different meanings I think. The dictionary definition for it is; the trait of appreciating and being able to express the humorous. It means to be able to appreciate, understand, and make your own humorous things. Understanding sarcasm in speaking, funny actions, and catching puns, etc. are some examples of things you need a sense of humor to understand. People’s sense of humor are not usually the same. Your opinions and thoughts create your sense of humor so it depends on your personality. So there isn’t a specific, exact sense of humor that you just have or don’t have. I think everyone has a sense of humor even if they don’t understand or appreciate someone else’s humor, they have their own with different things that amuse them. In my opinion the most important characteristic that a person should have to be successful in life is a good sense of humor. One might be intelligent, honest and kind but when all goes wrong the best way to tackle with difficulties is approaching to them optimistically. Especially speaking in terms of personality to get along with others or to break the ice or to hit it off with a new friend or any kind of thing like that. To begin with, the whole existing in the world is a rivalry where really often you are on the weaker side. You can lose your job after years of trying to achieve professional acknowledgement even if you think you’re working as hard as you can or you could fail at an exam before you even got that far. The important thing is never to give up and not to take everything personal. People who manage to overcome the being down in the dumps feeling and get back on to working hard are the ones who succeed. Also, who doesn’t like people that can keep you guessing and laughing? It’s always fun to be around someone that is amusing. If you can amuse your friends, they will always be delighted to spend their time with you which is a personal achievement I think. Another thing is that communication with others will be a lot more fluent. You become more attractive and   to colleagues and friends and you help to ease stressful situations and help others to be less stressed. Not mentioning that one of the key moments in a love relationship is making your partner laugh as well. A lot of people might say or think that these kind of people cannot approach adequately to a serious situation or crisis and do not have a realistic image of life. But I think that those who claim this should distinguish acting carelessly between acting calmly. Worrying too much will only cause you a headache and you will struggle more until finding the best solution. Having a good sense of humor usually would help keep someone from stressing too quickly or when it won’t do them any good. It’s a proven fact that panicking in a tough situation is not as helpful or efficient as taking on the problem calmly because you can think things through more thoroughly. These kind of people would usually be best prepared for such situations. I really think that the sense of humor is the most important characteristic one should have in order to be successful, maybe not always business wise but for your personal life for sure. A quote to support that is this; When life gives you lemons, twist some of the peel into a martini.

Spelling Tips Free Rein or Free Reign

Spelling Tips Free Rein or Free Reign Spelling Tips: Free Rein or Free Reign? Today, we’re looking at one of the most commonly misspelled phrases in the English language: â€Å"free rein† and â€Å"free reign.† Both spellings are common, but the original (and technically correct) version is â€Å"free rein.† So why is this one correct? And what exactly does â€Å"free rein† mean? Let’s find out. The Origins of Free Rein The phrase â€Å"free rein† dates back to the seventeenth century. We use it to mean â€Å"give someone the freedom to do or say whatever they want†: The designers were given free rein to try new ideas. On a literal level, â€Å"reins† are the straps used to guide a horse. So to give someone â€Å"free rein† is to give them freedom in the same way that holding the reins loosely gives a horse freedom to move. This is also why we use the phrase â€Å"rein in† to mean â€Å"bring something under control.† Just trying reining me in, bozo. The Confusion: Rein vs. Reign Unfortunately, â€Å"rein† sounds exactly like â€Å"reign,† so they are easy to confuse. This second term can be either a noun or a verb, but in both cases refers to the rule of a king or queen. For instance, we could say: The reign of Queen Elizabeth II has been largely peaceful. King Henry VII reigned over England from 1485 to 1509. As a result, many people think the phrase about freedom is spelled â€Å"free reign.† This almost makes sense, as you could take the phrase to mean â€Å"the freedom to behave like a monarch.† Not all kings have much freedom, of course. Some can only move one space in any direction.(Photo: Michal Jarmoluk) Nevertheless, this spelling began as an error and many still consider it to be incorrect. As such, it is always better to write â€Å"free rein.† Free Rein or Free Reign? In formal writing, idioms can help you express yourself clearly and demonstrate your command of language. As such, although â€Å"free reign† is unlikely to cause confusion, â€Å"free rein† is still the correct spelling. To remember, keep the equestrian connection in mind. You will avoid errors as long as you recall that the â€Å"reins† in â€Å"free rein† are used to steer a horse. And if you need any help with your spelling, don’t forget to ask a proofreader.

History and Geography of Germany

History and Geography of Germany Population: 81,471,834 (July 2011 estimate)Capital: BerlinArea: 137,847 square miles (357,022 sq km)Coastline: 2,250 miles (3,621 km)Highest Point: Zugspitze at 9,721 feet (2,963 m)Lowest Point: Neuendorf bei Wilster at -11 feet (-3.5 m)Germany is a country located in Western and Central Europe. Its capital and largest city is Berlin but other large cities include Hamburg, Munich, Cologne and Frankfurt. Germany is one of the most populous countries of the European Union and it has one of the largest economies in Europe. It is known for its history, high standard of living and cultural heritage. History of Germany: Weimar Republic to Today According to the U.S. Department of State, in 1919 the Weimar Republic was formed as a democratic state but Germany gradually began to experience economic and social problems. By 1929 the government had lost much of its stability as the world entered a depression and the presence of dozens of political parties in Germanys government hampered its ability to create a unified system. By 1932 the National Socialist Party (Nazi Party) led by Adolf Hitler was growing in power and in 1933 the Weimar Republic was mostly gone. In 1934 President Paul von Hindenburg died and Hitler, who had been named Reich Chancellor in 1933, became Germanys leader.Once the Nazi Party took power in Germany nearly all democratic institutions in the country were abolished. In addition, Germanys Jewish peoples were jailed as were any members of opposing parties. Shortly thereafter the Nazis began a policy of genocide against the countrys Jewish population. This later became known as the Holocaust and around six m illion Jewish people in both Germany and other Nazi occupied areas were killed. In addition to the Holocaust, Nazi governmental policies and expansionist practices eventually led to World War II. This later destroyed Germanys political structure, economy and many of its cities.On May 8, 1945 Germany surrendered and the United States, United Kingdom, USSR and France took control under what was called Four Power Control. Initially Germany was to be controlled as a single unit, but eastern Germany soon became dominated by Soviet policies. In 1948 the USSR blockaded Berlin and by 1949 East and West Germany were created. West Germany, or the Federal Republic of Germany, followed principles set forth by the U.S. and U.K., while East Germany was controlled by the Soviet Union and its communist policies. As a result, there was severe political and social unrest in Germany throughout most of the mid-1900s and in the 1950s millions of East Germans fled to the west. In 1961 the Berlin Wall was constructed, officially dividing the two.By the 1980 pressure for political ref orm and German unification was growing and in 1989 the Berlin Wall fell and in 1990 the Four Power Control ended. As a result, Germany began to unify itself and on December 2, 1990 it held the first all German elections since 1933. Since the 1990s, Germany has continued to regain its political, economic and social stability and today it is known for having a high standard of living and a strong economy. Government of Germany Today Germanys government is considered a federal republic. It has an executive branch of government with a chief of state who is the countrys president and a head of government who is known as the chancellor. Germany also has a bicameral legislature made up of the Federal Council and the Federal Diet. Germanys judicial branch consists of the Federal Constitutional Court, the Federal Court of Justice and the Federal Administrative Court. The country is divided into 16 states for local administration. Economics and Land Use in Germany Germany has a very strong, modern economy that is considered the fifth largest in the world. In addition, according to the CIA World Factbook, it is one of the worlds most technologically advanced producers of iron, steel, coal cement and chemicals. Other industries in Germany include machinery production, motor vehicle manufacture, electronics, shipbuilding and textiles. Agriculture also plays a role in Germanys economy and the main products are potatoes, wheat, barley, sugar beets, cabbage, fruit, cattle pigs and dairy products. Geography and Climate of Germany Germany is located in Central Europe along the Baltic and North Seas. It also shares borders with nine different countries - some of which include France, the Netherlands, Switzerland and Belgium. Germany has a varied topography with lowlands in the north, the Bavarian Alps in the south and uplands in the central part of the country. The highest point in Germany is Zugspitze at 9,721 feet (2,963 m), while the lowest is Neuendorf bei Wilster at -11 feet (-3.5 m).The climate of Germany is considered temperate and marine. It has cool, wet winters and mild summers. The average January low temperature for Berlin, the capital of Germany, is 28.6ËšF (-1.9ËšC) and the average July high temperature the city is 74.7ËšF (23.7ËšC).To learn more about Germany, visit the Geography and Maps section on Germany on this website. Source:Central Intelligence Agency. (17 June 2011). CIA - The World Factbook - Germany. Retrieved from: https://www.cia.gov/library/publications/the-world-factbook/geos/gm.html ï » ¿Infoplease.com. (n.d.).Germany: History, Geography, Government, and Culture- Infoplease.com. Retrieved from: infoplease.com/ipa/A0107568.html United States Department of State. (10 November 2010). Germany. Retrieved from: state.gov/r/pa/ei/bgn/3997.htm Wikipedia.com. (20 June 2011). Germany - Wikipedia, the Free Encyclopedia. Retrieved from: http://en.wikipedia.org/wiki/Germany

Effective Teaching and Learning in the Primary School Essay

Effective Teaching and Learning in the Primary School - Essay Example Promoting the learning and achievement of pupils is a main aim of school education (TLRP, 2006). Teacher’s commitment to education and the insight reflection regarding teaching and learning process enables him to see the complexity involved in the process and only then he is able to discover the hurdles which learners face during the process. Readiness for implementation of different strategies for individuals and persistent research to overcome these bottle necks in the learning environment; increases the capacity of children to contribute in the contemporary society. A school’s curriculum consists of content which facilitates its students to learn and experience at a quality level. National curriculum not only provides with the same objectives to be achieved throughout the country, keeping in mind the age level; but also provides a platform where schools can produce their own curriculum according to need basis. The concepts to be learned are planned in such a way that they are integrated with social and moral values. Children learn civility and manners in this way as this is considered as a part of hidden curriculum. The purpose is clear for all to develop learning skills and enrich our children in such a way that they become a useful and constructive member of the future. Every child has a different learning style an effective teacher learns through experience and research that one strategy of learning might not fit for all. The groups of individuals in a class have learning potential but all of them possess different styles of acquiring them. Thus holistic development of a child does not only depend on contents of his curriculum but on the effectively applied strategies of an effective teacher. All over the world teachers, teach children writing styles through several ways. Children need different characteristics and styles from teacher to learn the specific trait. Learning how to write is a difficult process for children, where educators are required to link several skills together which matches the child’s comprehension and learning style. The problem becomes quite clear describing the characteristics of an effective teacher, who is able to foresee the hurdles in the process and therefore is ready with a plan to overcome these challenges. Learning how to write can be a distressing problem in a child’s personal and educational life. If a child is unable to develop certain basic skills during his schooling, later on further stages he will be unable to compile his thoughts into writing and will be unable to express what he learnt. Different subjects require students to show their learning through writing and even in exams they are supposed to write what they learnt in the session. Children who face such problems feel difficult to cope up and thus are discouraged easily. The process of writing itself becomes a challenge providing minimum help. This problem is interlinked with several other areas of learning w hich in turns slows down the holistic development of a child. Children, who are inattentive and impulsive, face difficulty to start with writing tasks, are easily distracted, get bored or tired quickly, show lack of interest in writing, write in improper font, make careless spelling mistakes and are less interested in organizing writing tasks. Children, who face spatial order problem have poor sense of line on paper, uneven space between letters and

The Fall of The Spanish Armada Research Paper Example | Topics and Well Written Essays - 1750 words

The Fall of The Spanish Armada - Research Paper Example Elizabeth was very ambitious and followed her father’s religion, protestant. In her rule, she declared the English religion as the Church of England, and not Catholicism. This upset the Spanish king who hated Protestants. This was the beginning of their differences. In her first thirty years of reign, Queen Elizabeth I of England made sure that peace prevailed in the country. Trade and commerce was thriving and the England ships were encompassing the territory, further across to the West Indies. This expansion of commerce became a source of conflict with Spain and Portugal. The two super powers, Spain and Portugal, were the rulers of the New World. They were practicing trade monopoly and the invasion of English traders was positively welcomed. The traders from England broke through the barriers establishment set up by Spanish and Portuguese army, and went to sell the black seized from Africa, making enormous profits. On their way back to England, the traders, notably Sir Franc is Drake and John Hawkins, would attack the Spanish ships and steal their gold (Arthur). Queen Elizabeth was aiding the traders with ships and finances, and had a share from the profits and the stolen treasure from the Spaniards. The pirates from England went on with their attacks on ships from and to Spain. Some of the Spanish shipments were carrying supplies to countries opposing Protestantism, while others were bound to Spain, carrying treasures and slaves for Spain. The Spanish ports in South America and Caribbean also suffered attacks. Elizabeth was said to share part of the loot, but the worst thing was that she used part of the loot to enforce Protestant movements in Europe that were against the Spanish Catholicism Empire. These actions from England deteriorated the relations between the two nations, but Philip did not want to attack Elizabeth directly. The Rodolfi Conspiracy of 1571 gave King Philip a chance to go against Queen Elizabeth. The conspiracy was set to assassinat e Queen Elizabeth I and empower her Protestant cousin, Mary Queen of Scots. The relation between England and Spain suffered greatly due to both parties. Elizabeth was giving a safe haven for the Dutch individuals who were harassing Spanish ships. Around 1570, the famous pirate and soldier, Francis drake, sailed around the globe destroying Spanish colonies and their shipments (Mattingly 47). To counter this move, the Philip conquered Portugal and strengthened his military powers. Elizabeth offered an asylum for the overthrown Portuguese leader Don Antonio, and gave him authority to lead harassment of the Spanish ships by the English army. In the quest of seeking ally nations against Spain, Elizabeth started negotiations with France. In response to an attempt by the French forces to fight the Spanish navy off Terceira, the Spanish navy destroyed the French forces easily, fatally injuring most of the soldiers. Spain had regained confidence in its naval superiority. In 1584, there was a n attempt on the life of Elizabeth. She ordered a serious campaign aimed against the Spanish ships and the Caribbean holdings, placing Frobisher and Drake as the leaders. In the year that followed, the queen ordered close to five thousand soldiers ruled by the earl of Leicester to shore up after their leader, William of Orange, died. In addition to these acts, the queen ordered the execution of Mary, her protestant rival in February 1587. The Spanish King at the time, King Philip

Hobby and Outdoor Pursuits Essay Example for Free

Hobby and Outdoor Pursuits Essay Please help improve this article by adding citations to reliable sources. (help, get involved! ) Any material not supported by sources may be challenged and removed at any time. This article has been tagged since June 2006. A hobby-horse was a wooden or wickerwork toy made to be ridden just like the real hobby. From this came the expression to ride ones hobby-horse, meaning to follow a favourite pastime, and in turn, hobby in the modern sense of recreation. Hobbies are practised for interest and enjoyment, rather than financial reward. Examples include collecting, creative and artistic pursuits, making, tinkering, sports and adult education. Engaging in a hobby can lead to acquiring substantial skill, knowledge, and experience. However, personal fulfillment is the aim. What are hobbies for some people are professions for others: a game tester may enjoy cooking as a hobby, while a professional chef might enjoy playing (and helping to debug) computer games. Generally speaking, the person who does something for fun, not remuneration, is called an amateur (or hobbyist), as distinct from a professional. An important determinant of what is considered a hobby, as distinct from a profession (beyond the lack of remuneration), is probably how easy it is to make a living at the activity. Almost no one can make a living at cigarette card or stamp collecting, but many people find it enjoyable; so it is commonly regarded as a hobby. Amateur astronomers often make meaningful contributions to the professionals. It is not entirely uncommon for a hobbyist to be the first to discover a celestial body or event. In the UK, the pejorative noun anorak (similar to the Japanese otaku, meaning a geek or enthusiast) is often applied to people who obsessively pursue a particular hobby that is considered boring, such as train spotting or stamp collecting. [edit] Development of hobbies into other ventures Whilst some hobbies strike many people as trivial or boring, hobbyists have found something compelling and entertaining about them (see geek). Much early scientific research was, in effect, a hobby of the wealthy; more recently, Linux began as a students hobby. A hobby may not be as trivial as it appears at a time when it has relatively few followers. Thus a British conservationist recalls that when seen wearing field glasses at a London station in the 1930s he was asked if he was going to the (horse) races. [citation needed] The anecdote indicates that at the time an interest in nature was not widely perceived as a credible hobby. Practitioners of that hobby went on to become the germs of the conservation movement that flourished in Britain from 1965 onwards and became a global political movement within a generation. Conversely, the hobby of aircraft spotting probably originated as part of a serious activity designed to detect arriving waves of enemy aircraft entering English airspace during World War II. [citation needed] In peacetime it clearly has no such practical or social purpose. Types of hobbies Collecting The hobby of collecting consists of acquiring specific items based on a particular interest of the collector. These collections of things are often highly organized, carefully cataloged, and attractively displayed. Since collecting depends on the interests of the individual collector, it may deal with almost any subject. The depth and breadth of the collection may also vary. Some collectors choose to focus on a specific subtopic within their area of general interest: for example, 19th Century postage stamps, milk bottle labels from Sussex, or Mongolian harnesses and tack. Others prefer to keep a more general collection, accumulating Star Trek merchandise, or stamps from all countries of the world. Some collections are capable of being completed, at least to the extent of owning one sample of each possible item in the collection (e. g. copy of every book by Agatha Christie). Collectors who specifically try to assemble complete collections in this way are sometimes called completists. Upon completing a particular collection, they may stop collecting, expand the collection to include related items, or begin an entirely new collection. The most popular fields in collecting have specialized commercial dealers that trade in the items being collected, as well as related accessories. Many of these dealers started as collectors themselves, then turned their hobby into a profession. There are some limitations on collecting, however. Someone who has the financial means to collect stamps might not be able to collect sports-cars, for example. One alternative to collecting physical objects is collecting experiences of a particular kind. Examples include collecting through observation or photography (especially popular for transportation, e. g. train spotting, aircraft spotting, metrophiles, bus spotting; see also I-Spy), bird-watching, and systematically visiting continents, countries, states, national parks, counties etc. Games [pic] [pic] Card game, 1895. A game is a structured or semi-structured recreational activity, usually undertaken for enjoyment (although sometimes for physical or vocational training). A goal that the players try to reach and a set of rules concerning what the players can or cannot do create the challenge and structure in a game, and are thus central to its definition. Known to have been played as far back as prehistoric times, games are generally distinct from work, which is usually carried out for remuneration. Because a wide variety of activities are enjoyable, numerous types of games have developed. What creates an enjoyable game varies from one individual to the next. Age, understanding (of the game), intelligence level, and (to some extent) personality are factors that determine what games a person enjoys. Depending on these factors, people vary the number and complexity of objectives, rules, challenges, and participants to increase their enjoyment. Games generally involve mental and/or physical stimulation. For this reason, they are beneficial after a large meal or a long and tedious task, but counterproductive if played immediately before sleeping. Many games help develop practical skills and serve as exercise or perform an educational, simulational or psychological role. Outdoor recreation Outdoor pursuits can be loosely considered to be the group of sports and activities which are dependent on the great outdoors, incorporating such things as hill walking, trekking, canoeing, kayaking, climbing, caving, and arguably broader groups such as watersports and snowsport. While obviously enjoyed by many as a bit of fun, an adrenaline rush, or an escape from reality, outdoor sport is also frequently used as an extremely effective medium in education and teambuilding. It is this ethos that has given rise to links with young people, such as the Duke of Edinburghs Award and PGL, and large numbers of outdoor education centres being established, as the stress on the importance of a balanced and widespread education continues to grow. Depending on the persons desired level of adrenaline, outdoors can be considered a type of hobby. As interest increases, so has the rise of commercial outdoor pursuits, with outdoor kit stores opening up in large numbers and thriving, as well as outdoor pursuits journalism and magazines, both on paper (for example Trail [1]), and online (such as Eclipse Outdoor [2]). The increased accessibility of outdoor pursuits resources has been the source of some negative publicity over the years also, with complaints of destroying the landscape. A widely-seen example is the destruction of hillsides as footpaths are eroded by excessive numbers of visitors. Creative Hobbies Some hobbies result in an end product of sorts. Examples of this would be woodworking, software projects, artistic projects, creating models out of card or paper called papercraft up to higher end projects like building or restoring a car, or building a computer from scratch. While some of these may just be for the enjoyment of the hobbyist, there have been instances where it has come into demand at the request of friends or passerbys observing said project. At this point it has the potential to become a small business. Cooking Cooking is an act of preparing food for eating. It encompasses a vast range of methods, tools and combinations of ingredients to improve the flavour or digestibility of food. It generally requires the selection, measurement and combining of ingredients in an ordered procedure in an effort to achieve the desired result. Constraints on success include the variability of ingredients, ambient conditions, tools and the skill of the individual cooking. The diversity of cooking worldwide is a reflection of the myriad nutritional, aesthetic, agricultural, economic, cultural and religious considerations that impact upon it. Cooking requires applying heat to a food which usually, though not always, chemically transforms it, thus changing its flavor, texture, appearance, and nutritional properties. Cooking proper, as opposed to roasting, requires the boiling of water in a receptacle, and was practiced at least since the 10th millennium BC with the introduction of pottery. There is archaeological evidence of roasted foodstuffs, both animal and vegetable, in human (Homo erectus) campsites dating from the earliest known use of fire some 800,000 years ago. [citation needed] [edit] Gardening Gardening is the art of growing plants with the goal of crafting a purposeful landscape. Residential gardening most often takes place in or about a residence, in a space referred to as the garden. Although a garden typically is located on the land near a residence, it may also be located in a roof, in an atrium, on a balcony, in a windowbox, or on a patio or vivarium. [pic] [pic] A gardener Gardening also takes place in non-residential green areas, such as parks, public or semi-public gardens (botanical gardens or zoological gardens), amusement and theme parks, along transportation corridors, and around tourist attractions and hotels. In these situations, a staff of gardeners or groundskeepers maintains the gardens. Indoor gardening is concerned with the growing of houseplants within a residence or building, in a conservatory, or in a greenhouse. Indoor gardens are sometimes incorporated as part of air conditioning or heating systems. Water gardening is concerned with growing plants adapted to pools and ponds. Bog gardens are also considered a type of water garden. These all require special conditions and considerations. A simple water garden may consist solely of a tub containing the water and plant(s).

Mixed Feminine Message in Wife of Baths Tale by Geoffrey Chaucer Essay

Mixed Feminine Message in Wife of Bath's Tale by Geoffrey Chaucer In the Wife of Bath’s Tale by Geoffrey Chaucer, various women, such as the Queen and the old hag, stake their claim to authority over men. Yet, they do so in a very covert manner. The knight has clearly abused his male power. He is a rapist. With the help of women, however, he is rehabilitated and seems to achieve the ultimate happiness. When these women support the feminist viewpoint that women should have mastery over their husbands, they are also echoing the sentiments the Wife of Bath presents in her prologue. Yet, these women abandon mastery the moment they attain it. The old hag relinquishes mastery back to her husband immediately after he grants it to her, from that point on she obeys his every command. This ending could be a type of female servitude or it could be a mutually beneficial, blissful marriage and partnership. For this reason, the Wife of Bath’s Tale sends a mixed message about feminism. The tale begins with a violent act of male aggression and dominance. The knight rapes a young virgin. This rape is about more than his being a â€Å"lusty bacheler† (Chaucer l. 889). It is about power. â€Å"He sawgh a maide walking him biforn; / Of which maide anoon, maugree hir heed, / By verray force he rafte hir maidenheed† (Chaucer l. 892). The knight is not merely carried away by his sexual instincts. He sees a woman he covets and takes her by force because he has the power and she does not. This violent rape demonstrates the knight’s initial attitude towards women and his need for rehabilitation. Queen takes over the knight’s punishment for raping the young girl. Instead of death she provides the potential for rehabilitatio... ...re for the most part consistent with her tale. All this suggests a feminist interpretation of the tale. And yet there is the matter of the ending. In every sense of the word the hag submits. She feels she has gained her mastery and then she relinquish it. Does she do so in favor of a mutually blissful marriage or to conform to patriarchal ideals? Perhaps Chaucer and the Wife of Bath are suggesting that male rehabilitation and female dominance are only necessary up to a point. Once the knight and the hag achieve a shared understanding they are able to coexist. Or perhaps in the very end both Chaucer and the Wife of Bath acknowledge that this kind of understanding is sheer fantasy and the Wife cruses the couple for good luck and protection. With both these valid possibilities, the tale presents a mixed message about the place of feminism and female authority.

MAC Brand Analysis Essay

1.0 Introduction The cosmetic industry is very competitive industry where product benefits and brand image are keys to success. The purpose of this report is to present an analysis of the brand M.A.C and its product lipstick with focus on T-C-B and I-D-U analysis, a clear positioning statement and target audience (s) including brand loyalty categories. The purpose at the end of this assignment is to have an understanding of what objective M.A.C needs to focus on for a creative strategy in the second part of this assignment. 2.0 Brand & Product Description The type of product selected for the positioning exercise is lipstick; the specific brand selected is M.A.C cosmetics owned by Estlee Lauder Corporation. It is noted that â€Å"lipstick† is a product description and is not owed but the company thus demonstrating M.A.C is one brand corporation. To determine if M.A.C has a strong market positioning within the women’s cosmetic industry particularly with their lipstick product both secondary research (trade publications) and individual â€Å"depth† interviews were conduct (see Appendix A ), and will be used for evaluation and conclusion. 3.0 Analysis The tools/models used for determining M.A.C’s market position were T.C.B & IDU models. The T-C-B model was used as a baseline for a serious of questions to guide a particular set of respondents that M.A.C caters for and is aiming to achieve a strong market position in this select category. 3.1 T-C-B 3.1.1 The Target Customer (T) Positioning The primary target demographic for any brand of lipstick is female. The types of consumers that are interested in bold colour selection, wanting to feel sexy and fashionable and want a lipstick that fit into their own personal style are M.A.C’s target audience. Thus the respondents used for this analysis are young fashionable conscious individual who seeking a look without compromising on the fashion trends. 3.1.2 The Category need (C) Positioning There are many needs that the product lipstick needs to satisfy to the consumer. The general needs that all lipstick must fill are coverage or â€Å"staying power† and hydration (lips not drying out) this was concluded form appendix A. The needs that M.A.C lipstick specifically fills can be divided into physical needs and the emotional needs. The most important physical needs as identify by â€Å"in-depth interviews† were a good range of colours and appealing packaging. The most important emotional needs stated through in depth interviews were the social and individual needs. 3.1.3 Benefits (B) Positioning To conclude that the following Key benefits were important to M.A.C target audience and the company and fill the category needs were drawn from the various responses from the in-depth interviews. These benefits are a â€Å"way in† to increase and maintain the target market (T). M.A.C fills the physical need being the large range of colours of lipstick by having the largest range of lipstick colours with 136 shades in their permanent collection not including the releases of new limited every few week. Compare to Bobbi Brown have only 36 shades in their permanent collection and Chanel which has 67 shades this was discovered through secondary research and by confirming this with in-depth interviews.When comparing the pictures of various packaging of different brands of lipstick in the in-depth interviews stimuli used to help identify benefits of the lipstick category to understand the various competing it was concluded that M.A.C packaging as describe by the respondents as simple , plastic/glass, eye-catching, chic, stylish and high product. Social needs is satisfied by belonging to a group. M.A.C associates itself with fashion, prestige beauty and youth culture and markets their product through testimonials and word of mouth via fashion shows and celebrities. Consumers who use M.A.C lipstick are â€Å"automatically† introduced to the M.A.C culture and their social need is satisfied. The need of individual is the biggest focus of M.A.C lipstick. An individual may have a need for self-expression and this is expressed by fashion and style. M.A.C realised that it could satisfy this need by simple product packaging made of plastic or glass; products have straight forward names and trend setting colours. 3.2 I-D-U Analysis 3.2.1 Central versus differentiated benefit positioning M.A.C lipstick adopts differentiated positioning on at least one important benefit. For instance M.A.C is functionally different bright range of colours and its target user is â€Å"individualists who express through fashion†. Rather than central positioning as the women’s industry is so competitive and to be successful M.A.C lipstick positioning will deliver better results for the corporation. As M.A.C lipstick is not seen as the consumer as â€Å"best of its kind† through in-depth interviews. 3.2.2 Emphasized benefit: Instinctual, archetypal, emotional or rational The benefit to be emphasized as the key benefit of M.A.C lipstick is the large range of colours to select from. This is emphasized as an both a functional benefit and emotional benefit proposition and uses type 2 of emotion. As M.A.C lipstick uses the strong appeal of being fashionable and sexy with a large range of colours to choose from as a transformational positive ending motivating emotion as evidence by the in-depth interviews. 3.2.3 Entry-tickets benefits The benefits what the consumer expects for M.A.C is to have a large range of colour for being a lipstick product category. However the consumers of M.A.C lipstick are told that M.A.C lipstick have the biggest range of colours through the professional make-up artist as employees through the M.A.C social network (twitter, Facebook) It was concluded that M.A.C lip colour range is the key benefit that make M.A.C should focus on promoting to the target consumer as it is the closes to the â€Å"ideal brand in that benefit when comparing 5 other brands. M.A.C clear delivery of the range of lip colours and their uniqueness set them apart from other brand. 4.0 Positioning Statement & Target audience 4.1 Positioning statement Determine the positioning statement for M.A.C from the TCB and IDU analysis the findings from the brand analysis are the following; The competitors of M.A.C are not just the leaders in women’s cosmetics lipstick but range from all companies that have a stake in the cosmetics industry. A perceptual map was devised from the in-depth interviews for an easy diagram showed all the competitors. (Appendix) These are all the competitors that must be taken into consideration when developing the positioning statement. Using the Rossiter-Percy-Bellman Grid it is establish that the product is acceptable in the low involvement, transformational sector this was further confirmed with the in-depth interviews. The attribute that were important to the consumers when evaluating the product of women’s lipstick these were discovered as; fashionable, sexy, range of colours, smoothness, staying power and hydration these where then rank or delivery and uniqueness by the top 5 main competitors and no-brand as all the other competitors see appendix B and C. Based on the IDU analysis and consumer research see appendix A, B &C it was determined how each competitor is positioned in the vision of the consumer. The top two main competitors of M.A.C were to be considered as Chanel and Bobbi Brown based on both higher end pricing and a large colour option pallet and are to be consider the leaders in the women’s cosmetics:- lipstick industry. So M.A.C needs to offer the consumer something very unique in the positioning statement to have brand differentiation to increase and maintain the target market. The various factors that distinguish the M.A.C consumer and their lifestyle, their purchase motivations and their different attributes that are important to them were concluded from the research (Appendix A). The positioning statement:- M.A.C is the women’s cosmetic brand that provides consumers lipstick to women who are 18-30 and belongs to the socioeconomic class of middle-high (T), M.A.C lipstick satisfies the need of self-expression in every women to be fashion forward and be accepted in the M.A.C culture (C) M.A.C’s benefit intention is to have the largest selection of lip colours, the most fashion forward of its kind in the industry and be artistic and creative for all women. (B) M.A.C needs to constantly work on their positioning statement to increase their brand market share via T-C-B & I-D-U brand analysis by doing this the company can always increase the perceived delivery of the M.A.C lipstick. 4.2 Target audience The target audience should be broadly described as 18-35 female in the middle-high social economic class. These are the follow segments that M.A.C is enter in with their differentiation marketing. M.A.C divides the market of their lipstick product into demographic segmentation being female and a specific age group because over 90% of their users belong in this specific category. However the product is not limited to this demographic segmentation. M.A.C furthermore divides the market on the basis of personality being fashion forward, artistic and creative which is a form of psychographic segmentation. The buying situations in which target market purchase M.A.C lipstick (that were discovered form in-depth interviews) where; outlets both direct through online shopping and in-store department store (David Jones), benefits sought as in the large colour range M.A.C product provides.. The consumers of M.A.C lipstick are brand loyals, however they can be routinized favourable brand switchers as well this is due to the positioning of M.A.C lipstick in the Rossiter-Percy-Bellman grid.

Default and Disputes Essay

In this paper I will discuss the reasoning and methodology behind government contract defaults and disputes. I will also give recommendation to acquisition and cost containment. The standard contract clause which gives a customer the right to unilaterally terminate the contractor if the contractor fails to perform according to the specified terms. The contractor is generally not entitled to any payment for the unfinished part of the contract and, instead, may be liable for (1) repayment of monies advanced, (2) liquidated and other damages, and (3) excess cost incurred by the customer in completing the contract under a new contractor. Two primary types of terminations can arise under government contracts: â€Å"termination for default† and â€Å"termination for the government’s convenience†. Besides a criminal conviction or debarment or suspension for default is undoubtedly the most severe agency sanction that a termination can befall a government contactor. Terminations for default are much more common in supply contracts than in construction contracts. The standard clause used in supply and service contracts recites that the government has the right terminate for default if the contractor fails to (1) deliver the contract supplies or perform the services on time, (2) make progress so as to endanger performance of the contract. The â€Å"Termination for Cause† term also names three bases for terminating a commercial item contract for default: (a) â€Å"any default† by the contractor, (b) failure by the contractor â€Å"to comply with any contact terms or conditions,† and (c) failure by the contractor to provide the government on request, with â€Å"adequate assurances of future performance. The government’s right to terminate is not limited by standard inspection clauses, because they permit the government to exercise any other rights and remedies allowed by the contract. â€Å"Default terminations are provided for in government contracts under standard clauses set forth in the FAR. 52. 249–8 Def ault (Fixed-Price Supply and Service). As prescribed in 49. 04(a)(1), insert the following clause: DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) (a)(1) The Government may, subject to paragraphs (c) and (d) below, by written notice of default to the Contractor, terminate this contract in whole or in part if the Con- tractor fails to—(i) Deliver the supplies or to perform the services within the time specified in this contract or any extension; (ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) below); or (iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below). 2) The Government’s right to terminate this contract under subdivisions (1)(ii) and (1)(iii) above, may be exercised if the Con- tractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the no- tice from the Contracting Officer specifying the failure. (b) If the Government terminates this contr act in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those sup- plies or services. However, the Contractor shall continue the work not terminated. (c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. (d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. e) If this contract is terminated for de- fault, the Government may require the Con- tractor to transfer title and deliver to the Government, as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in thi s clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Con- tractor shall also protect and preserve property in its possession in which the Government has an interest. (f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders. (g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government. (h) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or nder this contract. FAR 52. 249-10 â€Å"Default (Fixed-Price Construction)† Clause (a) If the contractor refuses or fails to prosecute the work or any separable part, with the diligence what will insure it’s completion within the time specified in this contract including any extension, or fails to complete the work within this time, the government may, by written notice to the contractor , terminate the right to proceed with the work (or the separable part of the work) that has been delayed. In this event, the government may take over the work and complete it by contract or otherwise, may take over the work and complete it by contract or otherwise, and may take possession of and use any material, appliances, and plant on the work site necessary for completing the work. Although the â€Å"Termination for Cause† term in commercial item contracts does not contain a â€Å"cure notice† requirement, the FAR termination procedures for commercial item contracts require the Contracting Officer to send a standard cure notice ‘prior to terminating a contract for a reason other than late delivery. Consequences And Remedies Of â€Å"Termination For Default† And â€Å"Termination For Convenience† If a board or court determines that the contractor was not actually in default or the default was excusable, the termination for default will be converted into a termination for convenience. Similarly, before the appeal is even decided, the Contracting Office r can convert the termination for default into one for the government’s convenience. The Contractor’s recovery under a convenience termination may be significant. For example, under a convenience termination, the contractor is eligible to recover its costs of performance, some â€Å"continuing costs,† settlement expenses, and a reasonable profit on completed work. Should the contractor be unsuccessful in contesting the propriety of the default termination itself, it may still be able to challenge the excess costs assessment and achieve a reduction or elimination of those costs. The Fulford doctrine permits contractors to challenge the government’s imposition of excess re-procurement costs even if the time has expired for appealing the underlying default termination, but does not trump the Contract Disputes Act election doctrine. Remedy of â€Å"Excess Cost of Re-procurement† and â€Å"Liquidated Damages† The standard measures of excess costs is the difference between the contract price of the terminated contract and the price the government is required to pay to the re-procurement contractor for quantity f supplies or services called for under the terminated contract or for completion of unfinished work remaining under the terminated contract. To assess excess costs against the defaulted contractor, the government must show that the re-procurement contract has been performed and that complete payment has been made. The government may not obtain re-procurement costs for work that the government prevented the contractor from performing. If the default-terminated contract contains a â€Å"Liquidated Damages† clause, those damages may be assessed against the contractor until the government obtains completion of the contract work. Liquidated damages are in addition to the excess costs of re-procurement The Liquidated Damages† clause used in fixed-price supply and service contracts provides that, in the case of a termination for default, the contractor shall be liable for liquidated damages (as well as excess costs) â€Å"until the time the government may reasonably obtain delivery or performance of similar supplies or services. The â€Å"Liquidated Damages† clause requires the contractor to pay the government a specific amount for each calendar day of delay. The stipulated amount of the liquidated damages is set at the time the contract is entered into and is the parties’ estimate of the extent of loss that one party’s breach of the contract would cause to the other. Government policy is to use a â€Å"Liquidated Damages† clause in a contract when both (1)the time of delivery or performance is such an important factor that the government may reasonably expect to suffer damages if the delivery or performance is delinquent, and (2) the extent or amount or actual damages would be difficult or impossible to ascertain or prove. Contract Disputes Act The Contract Disputes Act of 1978 (â€Å"CDA†), which became effective on March 1, 1979, establishes the procedures for handling â€Å"claims† relating to United States Federal Government contracts. All claims by the contractor against the Federal Government must be submitted in writing to the Government’s Contracting Officer for a decision. All claims by the Federal Government against the contractor must be the subject of a decision by the Contracting Officer. Apart from claims by the Federal Government alleging fraud in connection with a claim by the contractor, all claims by either the Federal Government or the contractor must be submitted within six years after the accrual of the claim. Claims by the contractor that exceed $100,000 must be accompanied by a certification that (i) the claim is made in good faith, (ii) the supporting data are accurate and complete to the best of the contractor’s knowledge and belief, (iii) the amount requested represents the contract adjustment for which the contractor believes the Federal Government is liable, and (iv) the certifier is authorized to submit the certification on behalf of the contractor. There are procedures in the statute for remedying certifications that do not exactly mimic the required certification language. For claims of $100,000 or less, the Contracting Officer is required to issue a decision within 60 days of receipt of the claim provided the contractor requests a decision within that time period. For claims in excess of $100,000, the Contracting Officer is required, within 60 days, either to issue a decision or notify the contractor when a decision will be issued. All decisions should be issued within a reasonable time, taking into account the nature of the claim, and, if they are not, the contractor may either request a tribunal to direct the Contracting Officer to issue a decision within a specified time or treat the failure to issue a decision as an appealable â€Å"deemed† denial of the claim. If the contractor is dissatisfied with the Contracting Officer’s decision on a claim, the contractor may (i) appeal that decision to the cognizant agency board of contractor appeals within 90 days of receipt of the decision or (ii) bring suit on the claim in the United States Court of Federal Claims within 12 months. Decisions not appealed within one of these time periods become final and conclusive. There are procedures in the statute authorizing the use of mutually agreeable alternative dispute resolution techniques for handling disputes and well as for the use of streamlined and accelerated litigation procedures for smaller claims at the boards of contract appeals. The losing party may appeal a decision by either a board of contract appeals or the United States Court of Federal Claims to the Court of Appeals for the Federal Circuit. A contractor is entitled to interest on the amount found due on its claim running from the date the Contracting Officer received the claim until the claim is paid. Good acquisition planning is crucial to the overall project objective, government spending, tailored to objectives and constraints, and is flexible enough to allow innovation and modification as the project evolves. The strategy balances cost and effectiveness through development of technological options, exploration of design concepts, and planning and conduct of acquisition activities. These elements are directed toward either a planned Initial Operational Capability or retention for possible future use, while adhering to a program budget. The strategy should be structured to achieve program stability by minimizing technical, schedule, and cost risks. Thus the criteria of realism, stability, balance, flexibility, and managed risk should be used to guide the development and execution of an acquisition strategy and to evaluate its effectiveness. The acquisition strategy must reflect the interrelationships and schedule of acquisition phases and events based on a logical sequence of demonstrated accomplishments, not on fiscal or calendar expediency.

club Business About 80 Words (description About A Business Idea) Coursework

Bar/club Business About 80 Words (description About A Business Idea) Coursework Bar/club Business About 80 Words (description About A Business Idea) – Coursework Example Bar/club business Bar/club business Every innovative idea brought up in business can turn to be a worthwhile success if proper strategies are put in place in the implementation. Think of starting a company in the alcohol world, in the major capital cities in the world.In every country, it is less likely to find people not drinking especially during weekends and holidays. This is a business opportunity that most of the times do not suffer any loss with good management in place. The first step would be to create a brand name within the home country so that when the business goes overseas, the business will be widely known. International advertisement will also enhance its growth. The optimum goal in this project will be to having a brand that remains attractive to create a long-term value in different countries the business will operate. The business should aim to create a brand name in parent country, do feasibility study on best bar locations and alcoholic products in different count ries. If this takes place within a short period, this means the product will create a market niche, receiving high profits in the future. Creating the value of the product is essential to every business, since this offers a competitive advantage to the product, creating of superiority in the market and thus reporting huge profits every year. The bar/club business is consistent. It will require huge financial muscle as startup capital and aggressive advertising. Once the brand name is known, the business can concentrate on stability and fighting off competitors.BibliographyDuncan, K., 2010. Business greatest hits a masterclass in modern business ideas. London: A. & C. Black.

A Definite Difference of Opinions Essays - Free Essays, Term Papers

A Definite Difference of Opinions During the development of the young country of the United States of America, everyone had the ability to include their opinions on any subject. But many times, only a few voices were actually listened to. In this case Thomas Jefferson, a Republican, and Alexander Hamilton, a Federalist, were two of the most prominent people in the production of this government. Although disagreement was very common with these two, their contradictions definitely attributed to the development of America. During the first term of presidency Alexander Hamilton had the advantage over Jefferson since he was a great ally with the president George Washington. At this time Hamilton was chosen as the Secretary of Treasury, which was an important job. Hamilton created financial plans that would supposedly clear the debt of the United States. During one situation, Hamilton produced a deal with Jefferson and his Republican friends that moved the nations capitol to Philadelphia. But that was one of the very few agreements between the two. One very popular debate occurred soon after the nations capitol moved. It is referred to as the debate between a "broad" and a "strict" construction of the new Constitution. Hamilton came up with a bank proposal that would produce banks around the country. Hamiltons idea was to keep the current of commerce flowing, and to keep business leaders happy by building a bank capitol. Thomas Jefferson was in great opposition to this idea. He and his friends explained that they did not want a country fill with cities, mills, mines, and factories; they would much rather see the farming production prosper in this country. Jefferson and his colleagues had bent their ideas with the national and state debts, but in no way would they receive the bank proposal lying down. They complained that the Constitution did not give Congress power to build banks; therefore, they should not be permitted. Hamilton, on the hand, explained that the Constitution stated that the government would pr! oduce a proper way of managing money, which the bank was for. George Washington believed arguments by both Hamilton and Jefferson, but he decided to sign the bill. As a result, economy was greatly affected in Americas development. Another great disagreement between the two was the whole idea of foreign affairs. The Federalists, led by Hamilton, supposedly believed that they should have never broken from the great empire. In times of war they repeatedly showed favoritism to Great Britain, the supposed enemies. The Republicans, led by Jefferson and Madison, favored the country of France and the common citizens of the country. They influenced the common people of France to overthrow the French Nobility. A third difference of opinion centered around life styles of the American people. Basically Jefferson despised the idea of a New York City kind of country, he believed it would bring crime and other consequences. Jefferson wanted a more of a Wisconsin type of country, where everyone owned their own land and had their own type of freedom. Hamilton and the Federalists had totally different beliefs, wanting cities and factories in the country. After the election of John Adams in 1796 differences between the ideas of Jefferson and Hamilton grew larger. The acts produced by the Federalist party deeply troubled Jefferson and the Republicans. Although a little harsh, the Alien and Sedition Acts in 1798, produced a way for the Federalists to revolt against Republican opposition and to increase power for themselves. These acts did not permit anyone to criticize the government at all, through writing, or any other way. It also extended the time to become an American citizen, since the Federalists believed that most of the foreigners would become Republicans. This deeply troubled Jefferson and Madison, but they had to find a way to fight back for the Republicans. Jefferson reacted with the production of the Kentucky Resolutions, which permitted states the power to judge a bill or law, unconstitutional, or invalid. This allowed the states to control the laws that would circulate their area. This, and other reactions ! by the Republicans contradicted the acts produced by the Federalists and almost equalized power on both sides. As you can see, Alexander Hamilton and Thomas Jefferson argued about many subjects to

Eminent Domain Law in California Case Study Example | Topics and Well Written Essays - 750 words

Eminent Domain Law in California - Case Study Example Supreme Court's finding in Kelo v. City of New London that the government may use eminent domain to "take" property from its owner for the purpose of transferring it to a private developer (California). However, as noted above, the issues brought into the voting arena were oversimplified by the media. Because of public concern about the possibility of rent control being phased out and the fact that both propositions were efforts to amend Article I, Section 19, of the California State Constitution, the California voters made the decision to reject the proposition that they thought might do them the most harm, namely Proposition 98. Instead of informed debate leading to eminent domain reforms, each political campaign waged in this battle focused on one issue only. Therefore, it is highly likely that further study of this issue will be necessary in an effort to determine what changes must be made to Article I, Section 19, of California's State Constitution so that the public will be pro perly served. The Fifth Amendment of the United States Constitution applies to rights of persons and in terms of eminent domain states: ". . . nor shall private property be taken for public use, without just compensation" (U.S., par. 1). This compensation clause contains the requirement that "the taking of private property be for a public use" (U.S., par. 4). ... The California State Constitution was ratified on November 13, 1849, just prior to California attaining statehood in 1850. Because of this, a new state constitution was established in 1879 (California). Over the years, there have been many amendments, which makes the California constitution one of the longest in the nation. For purposes of this paper, however, Article I, Section 19, will be discussed. Article I is based on the Fifth Amendment, and Section 19 focuses on eminent domain. Implications of Kelo v. City of New London The decision by the U.S. Supreme Court in 2005 opened discussion in California on how California law could be changed to further protect the rights of private homeowners and businesses while still using eminent domain for legitimate public purposes (Keene). Kelo found that a Connecticut redevelopment authority had the right to seize private property for hotels, shopping centers and other private developments, and it is well known that California real estate developers and hotel planners are always looking for a way to acquire land for private purposes. It was noted by the California Senate Local Government Committee that there was a similarity between eminent domain use in California and New London, Connecticut. Suggestions were made by the Committee as follows: Clarify definition of "public use." Tighten the "blight" definition in Statute. Remove or lengthen time limit to challenge a blight designation. Proposition 98 and Proposition 99 As a result of Kelo, two propositions were initiated and presented to the people of California for a vote. Neither of these propositions completely resolves the possibility that private property might be seized by the government for private purposes. There are