Thursday, December 26, 2019

The Free Range Of Interpretation Of The Constitution

The free range of interpretation of the Constitution by the branches of government has allowed the country to continue to function and not become stagnant. This is important because the laws of the 18th century United States would not be relevant to that of the 21st century. Technology and the complexity of the world are examples of why interpretation of the constitution is important because no can say for sure any of the original drafters of the constitution anticipated the size the United States would grow and how powerful the country would stand amongst other nations in the modern era. Issues of interoperation have also created a line in the sand between political parties as well as issues between citizen and state. The issue in the forefront of this is the Second amendment and the right that is described that a citizen under proper regulation can join a militia for the security of their free state as well have the right to bear arms (Brady). This amendment is open to interpretati on as if much of the other Amendments has been the under controversy in to whether citizens should have the right to arm themselves with firearms. The branches of government whom are at the front of this issue are legislative whom makes laws in correspondence to those they represent as well as their political parties and the judicial branch whom enforce the laws by reviewing them legal by what is written in both law and the constitution. To understand why ownership of the firearms is such anShow MoreRelatedInterpreting and Correcting the Constitutional907 Words   |  4 Pagestake it a different way. As the audience changes, so does the meaning. When it comes to interpreting the Constitution, the same principle remains. It is extremely difficult to interpret the U.S. Constitution, because of its complexity and fragility. Also, the fact is when time changes, people change. In other words, different generations have different interpretations of what the Constitution says that they can do. Which leads to textualism, causing the judges of the Supreme Court to decide whetherRead MoreSeparation Of Religion In Australia1245 Words   |  5 Pagesof a liberal Muslim to function in a western society rather than an orthodox Muslim. The Australian constitution section 116 states that the commonwealth â€Å"The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for p rohibiting the free exercise of any religion, and no religious test shall be required as a qualification†. The constitution creates a metaphorical wall of separation between religion and state within Australia, a defined politicalRead MoreHow Of The Second Amendment1271 Words   |  6 PagesHow to Interpret the Second Amendment The Constitution was signed on September 17, 1789. The federalists declared that the Constitution granted the new government limited powers. Anti-federalists, such as George Mason, sought after a stronger confirmation from the federal government that certain rights would not be encroached upon. After just recently breaking away from Great Britain, it is understandable that the Founding Fathers feared the rise of another domineering government. Mason wroteRead MoreThe Battle Between Gun Control and Gun Rights Essay1113 Words   |  5 Pagesevidence to support their side: the Second Amendment. The Second Amendment states that: â€Å"a well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed (U.S. Const., amend. II).† There have been two main arguments that have stemmed from the different interpretations of the national document. â€Å"One argument supported that the Second Amendment supported an individual or personal right to have firearms, in particular forRead MoreThe Politics Of The United States1315 Words   |  6 Pagesdemocratic. That being said, the infrastructure of the system in place in the United States is vastly different from that of the UK. Trias Politica As a relatively new country less than a quarter of a millennium old, the USA operates with a codified constitution ratified in 1788. This document outlines a national framework of government. Key to this is the notion of a separation of powers, whereby the executive, judiciary and legislature are separate and independent of each other. The president of theRead MoreLiberty and Justice for All: The Pursuit for Gay Rights Essay1262 Words   |  6 Pagesleaving any other possibilities of who love can happen between as unacceptable. These strong societal beliefs are far from the truth yet dictate the ability of homosexuals rights to marry one another. Avoiding defining what marriage entails in the constitution, the issue of whether or not gay people have the right to marry has become a state issue. The conservative idea of marriage is changing as society is undergoing a transformation in its beliefs to a more liberal stance. As a country that has progressedRead MoreCourt Case : Miranda V. Arizona941 Words   |  4 Pagesa confession saying that what he said what he said to the police in the interrogation was completely voluntary. On the top of each page was the statement, â€Å"I, Ernesto A. Miranda, do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me.† He was not fully acknowledged of his rights until 1:30 when he was signing his confessionRead MoreWhy the Government must, at times, infringe upon Individual Liberties such as Abortion1298 Words   |  6 Pagespublic safety. These restraints, typically laws, have affected to varying degrees the absolute freedoms of people. Freedom, in this case, means the absence of external legal restraint to carry out actions of free will. Initially this seems to be undesirable, but when that act of free will is to violate the legal fre edoms of one or more people then restraining the act is justified. The state must ensure that the rights, freedoms and liberties of individuals and groups are not impeded by the actsRead MoreEssay about Religious Conflicts with the Iranian Government1545 Words   |  7 Pages The middle-east has always been a hot zone for religious and political conflict but more specifically, Iran. Iran is an Islamic state where Islam is practiced within politics. The Constitution of 1979 runs off of the basis of Islamic Law. The population of Iran varies upon resources but they are all around the number of seventy million people. The country is 90 percent Shia Muslim and eight-percent Sunni Muslim.1 The rest of the country is made up of very small minority religions. The minorityRead More Same-Sex Marriage and Religious Liberties: Essay1558 Words   |  7 Pagestheir interpretation of the Bible’s stance against homosexuality (Dobson, O’Brien). Other opponents argue against the practice based on universal tenets of moral behavior, fundamental beliefs that are said to underpin our country’s existing laws and should not be eroded (George, Finnis, Friedman). Increasingly, however, the arguments against same-sex marriage have turned to the legal realm, asserting that the practice threatens the right to religious freedom. Objectors use the U.S. Constitution and

Wednesday, December 18, 2019

case study - 1952 Words

Issues Identified: 1) The first issue of the case is whether Harry Hepburn, the president of Southern California Division of Robinson Brothers Homes should make the projection on the specific project more optimistic or not. By making the revenue forecasts more optimistic, the most likely outcome is that the project will be undertaken and his team of employees will keep their position. Otherwise, at the current estimated return projections, the project is expected to be declined, and Harry’s team will be partially laid off in accordance with the Robinson Brothers Homes plan on cutting costs as the company faces the slowing down market and decreased profitability. 2) The second issue of the case is to evaluate what can be done to either†¦show more content†¦They are also crucial for the division’s success (637 homes in 2006 and $235 in revenue). Harry should oversee their work in order to ensure that no risk manipulation and unjustified assumptions/forecasts take place. Ethical issue [There are really no alternatives for this issue – there is only a question: â€Å"Should Harry stretch the forecast a bit or should not?†] * Harry’s action of making the forecast a bit too optimistic will not be left unnoticed by VPs. As a result, they may begin making dishonest acts on their own in the future acting on the example set by the president. (The cultural control may get broken.) * The management owns the fiduciary duty to its shareholders, as it is trusted with assets to manage. Shareholders interests should be put ahead of their own. According to the stockholder ethical model, the maximization of shareholders’ profit/wealth is of utmost importance. * Southern California Division of RBH represents a large portion of company’s business: in 2006 it is projected to sell 637 homes, while 2000 were built by RBH in total. Thus, the failure in this division may cause the financial difficulties on the company-wide level affecting other employees as well. According to the stakeholder ethical model, the acceptance of the project of higher risk would also be unethical. * If they accept, then in case of the unfavourable scenario, the company isShow MoreRelatedCase Studies : A Case Study Approach Essay1157 Words   |  5 PagesA case study is a specific instance that is frequently designed to illustrate a more general principle (Nisbet and Watt, 1984). Hitchock and Hughes (1995) further suggest that the case study approach is particularly valuable when the researcher has little control over evens. Case studies strives to portray ‘what it like’ to be a particular situation, to catch up reality and ‘thick description’ (Geertz, 1973) of participants’ lives experiences of, thoughts about and feelings for a situation. TheyRead MoreCase Study887 Words   |  4 PagesCHAPTER I INTRODUCTION 1.1 Reasons choose the case 1.2 The Problems The problems of this case are: 1. How would you characterize Lincoln Electric’s strategy? In this context, what is the nature of Lincoln’s business and upon what bases does this company compete? 2. What are the most important elements of Lincoln’s overall approach to organization and control that help explain why this company is so successful? How well do Lincoln’s organization and control mechanismsRead MoreBusiness Case Study : Business Case Studies997 Words   |  4 PagesWriting Business Case Studies How to Write Business Case Studies The objective of this part of the course is to use your case study to help you solve real company problems and to make the learning more relevant to your experience. The Business Case Study you are being asked to start today will provide information for yourself and the class to permit constructive feedback. You will have to use all of your research, writing and analytical skills to write your Company Case Study. You must give enoughRead MoreCase Study148348 Words   |  594 Pages978-0-273-73552-6 (web) All rights reserved. Permission is hereby given for the material in this publication to be reproduced for OHP transparencies and student handouts, without express permission of the Publishers, for educational purposes only. In all other cases, no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without either the prior written permission of the Publishers orRead MoreCase Studies13817 Words   |  56 PagesCASE STUDY #1 A Job Search Dilemma Eric, a second-semester senior, is looking for a job. Anxious about finding work in the worst economy in decades, he sends out scores of resumes for a wide variety of positions. The first call he gets is for a position that doesnt really interest him, but he figures he should be open to every opportunity. He schedules an interview, which he aces. In fact, the recruiter offers Eric the job on the spot. He would like Eric to start as soon as possible. Should EricRead MoreCase Study : The Angel 1089 Words   |  5 Pages Case Study #1 The Angel, 1997 Susan Meeks, an alias, woke to what she thought was the middle of the afternoon. A bright yellowish light was shining through the west window of her travel trailer. An other world being was in the room and was as tall as the ceiling of the trailer. She went to the bathroom where she washed her face with cold water and stayed in there long enough to smoke a cigarette. When she went back to the bedroom the being was still there. The being showed her futureRead MoreCase Study 8985 Words   |  4 PagesCase Study 8 Based on the January through June 2010 cash budget, what is the maximum monthly loss during the six-month planning period? What is the maximum cumulative borrowing balance? (For purposes of this question, disregard any interest payments on short-term bank loans or interest received from investing surplus funds.) Maximum monthly loss is in June: -$60,750. The maximum cumulative borrowing balance is $99,000 in February. What does the monthly cash budget reveal that indicatesRead MoreThe Case Study Of The Company1468 Words   |  6 PagesOverview of Case Study In the case study by Spector titled, Transferring Innovation Across National Boundaries, (Spector, 2012) company named Minnesota Biolabs (MB) provided laboratories with a quality test for contamination of injectable medications. This test required the use of live rabbits that led to the rabbit’s death after the test. The company was headquartered in Minneapolis, however they were organized with four, somewhat independent, national units in Europe and Japan, each run by aRead MoreLaw of Case Studies1514 Words   |  7 PagesZulfatah Arif SCM-019741 Work Psychology in Communication, Writing and Reporting COM 2153 Mr Haji Adenan Case Studies An Unmotivated Building Inspector Case Study By: Zulfatah Arif 1) Review the motivation theories discussed in this chapter. How would each one describe and explain the problems with Simon Lucas’s motivation? The theories that would be relevant to the problems with Simon Lucas’ motivation would be the McClelland’s Need Theory and Herzberg’s Two-Factor Theory.Read MoreCase Study Essay1116 Words   |  5 PagesCase Study Objective The Case will focus on issues related to the cultural aspect of international business; sustainable business practices including CSR issues; foreign investment; and the benefits of regional integration for the countries within, and companies doing business in, that region.   The case study analysis will be completed on an individual basis. Instructions THE CASE: Kaizer Consulting Kaizer Consulting is an international management consulting firm that specializes in business strategy

Monday, December 9, 2019

Richard Duke Of Yorke Monologue Essay Paper Example For Students

Richard Duke Of Yorke Monologue Essay Paper A monologue from the play by Christopher Marlowe NOTE: This monologue is reprinted from The Works. Christopher Marlowe. Oxford: Clarendon Press, 1910. GLOSTER: I, Edward, will use women honourably, Would he were wasted marrow, bones and all, That from his loins no issue might succeed To hinder me from the golden time I look for, For I am not yet looked on in the world. First is there Edward, Clarence, and Henry And his son, and all thy looked for issue Of their loins ere I can plant my self, A cold premeditation for my purpose, What other pleasure is there in the world beside? I will go clad my body in gay ornaments, And lull my self within a lady\s lap, And witch sweet Ladies with my words and looks. Oh monstrous man, to harbour such a thought! Why love did scorn me in my mother\s womb, And for I should not deal in her affairs, She did corrupt frail nature in the flesh, And plaste an envious mountain on my back, Where sits deformity to mock my body, To dry mine arm up like a withered shrimp. To make my legs of an unequal size, And am I then a man to be belov\d? Easier for me to compass twenty crowns. Tut I can smile, and murder when I smile, I cry content, to that that grieves me most. I can add colours to the chameleon, And for a need change shapes with Protheus, And set the aspiring Catalin to school. Can I do this, and cannot get the crown? Tush were it ten times higher, I\ll pull it down.

Monday, December 2, 2019

Why No Apple in Europe

This article written by Riva Froymovich has been chosen because it highlights some of the barriers faced by European start-up companies. The author accurately describes the problems which many entrepreneurs encounter and indicates at some solutions to these problems. The issues discussed by the journalist are still relevant to many companies.Advertising We will write a custom article sample on Why No Apple in Europe? specifically for you for only $16.05 $11/page Learn More This article can be interesting from theoretical and practical perspectives. It will particularly useful to those people who intend to conduct business in this region. These are the reasons why it has been chosen. Overall, Riva Froymovich distinguishes several obstacles which prevent many companies from growing. First of all, one has to mention high cross-border transaction costs. Despite the fact, that the European Union is regarded as an area of free trade, the majority of companies sell their products only within a certain country but not between the member states (Froymovich unpaged). Furthermore, it is important to remember that European labor laws significantly do not enable companies to downsize their personnel. Certainly, they can do it but such practices can be extremely costly for them especially when their credit rating is downgraded by financial institutions. Y et, this emphasis on employees’ rights overlooks the needs of many organizations, particularly, the situations when downsizing is necessary. As a result, European businesses are becoming less agile and responsive to economic changes. Finally, Riva Froymovich points out that European entrepreneurs have very little access to capital in order to start new projects. In part, this situation can be explained by the fact that existing legislation prevents does not allow banks to make high-risk investments (Froymovich, unpaged). Unfortunately, this principle is often applied to start-up companie s. Thus, lack of funding is one of the obstacles which prevent many business ideas and projects from being implemented. In my opinion, this article has pinpointed the underlying causes of stagnation among many European start-up companies. These organizations may have the expertise to implement business ideas, but they often lack resources to do it. Moreover, the existing regulations do not promote the growth of such enterprises.Advertising Looking for article on business communication? Let's see if we can help you! Get your first paper with 15% OFF Learn More Admittedly, the arguments expressed by Riva Froymovich can require verification. More likely, an in-depth economic and legal research will be needed to identify the factors contributing to stagnation. However, this article can point to some of the problems which must be resolved by European legislators and financiers. To provide recommendations, one would have to do an in-depth study of European laws and economic trends. However, on the basis of this article, I can single out several important steps that should be taken. First of all, the European government should pass the laws which can minimize transactions costs which occur when a company sells its products across a border. Secondly, it is vital to make state-aid programs more available to these companies; otherwise they will be unable to achieve growth and sustainability. Finally, financial institutions should not downgrade the credit ratings of companies provided that they have to downsize their personnel as it is done now (Froymovich, unpaged). This approach will harm many small and middle-sized enterprises. A small company can become an economy of scale on condition there is legal framework which supports trade, investing, and free movement of labor. If it is not present, entrepreneurs will hardly become successful. European governments should pay close attention to these issues. Works Cited Froymovich, Riva. â€Å"Why No Apple in E urope?†. The Wall Street Journal. Web. This article on Why No Apple in Europe? was written and submitted by user Angelo C. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Wednesday, November 27, 2019

Polish Culture.Doc Essays

Polish Culture.Doc Essays Polish Culture.Doc Essay Polish Culture.Doc Essay The Family cultures tend to be hierarchical and power-oriented. Furthermore, they are high context and the relationship Is diffuse. * The Eiffel Tower cultures are role-oriented, the rules and procedures are clear and very strict. What Is more. Order and predictability are very important. (Trampers and Williams, 2003). * The Guided Missile cultures tend to be task-oriented and low centralized. Achievement and effectiveness are weighed above the demands of authority, procedures, or people (ibid). This culture is individualistic, people often change teams and tasks ND are very enthusiastic about their work. * The Incubator cultures are highly individualistic, flexible with commitment to oneself and professional recognition (ibid). This culture is person-oriented. 2. 3. 1. Relationship with others Second set of dimensions outlined by Trampers is mainly based on people s relationships with each other and includes: 1. Universalism 2. Specific 3. Individualism 4. Achievement 5. Neutral Particulars Defuse relationships Collectivism Ascription Affective Relationships 3. Analysis of Polish culture 4. 2. Introduction unfortunately there are no clear evidence showing the affinity of the Polish culture to any of the dimensions mentioned above and therefore the following analysis will be mostly based on my personal experience and supported by additional data. 1 . 3. 4. 1. 4. 2. Corporate Culture It could be suggested that Poland is a Family Culture with some features centralists Tort ten I lower cultures. Hearst all tenure Is a clear annularly In most of the Polish companies as well as in families, typical for the Eiffel Tower cultures. It is usual in Polish schools to emphasize the importance of parents in their childrens education. For example I remember my parents receiving congratulation letter for my personal achievements. 4. 3. Relationship with others To move on to the second set of dimensions distinguished by Trampers I assume that Poles tend to be more particularistic. It means that they often put relationships above rules and regulations. This dimension is common amongst rural (catholic) cultures like Poland. For example Polish president, Lech Sacking, has recently forgiven a group of young people who murdered a man tormenting local citizens. It shows that Poland has deep-rooted particularistic. On the other hand, I have observed an increasing popularity in contract signing recently which is characteristic for universalistic cultures. Secondly, Poles tend to be more diffuse in relationships, which means that they often link work with private lives. Use of titles is obligatory, calling someone older by his/her first name is often seen as an insult. Thirdly, based on my personal experience I would say that Polish citizens tend to be more individualistic. As Trampers suggested 74 % of Polish interviewee preferred to be left alone to get the Job done. Personally, I feel more motivated working on my own and often receive better results. It may be surprising that a previously communist country, where collectivism was the main philosophy has changed so dramatically. In my opinion Poles were not able to communicate their authentic values and behaviors and were perceived through the eyes of its invaders. Moreover, Polish culture characterizes ascription. The status depends on age, gender and social position. Poles often use titles and value hierarchy. For example almost every application form in Poland requires specific address titles such as doctor, professor and engineer. On the other hand, I would say that young generation is becoming ore achievable, which means that they prefer to be valued by what they do instead of who they are. Apart from that Poland is certainly an affective culture, a culture where expressing emotions is perceived as a norm . According to Wickerworks and Karakas 85 % of interviewee answered that emotions should be expressed immediately by verbal and non-verbal communication. Interrupting each other in Poland is sometimes perceived as a sign of interest. 4. 4. Working with different cultures To move on, I think that it is always difficult to work with people from different ultras, especially if you do not know them well. First of all, Japan is a neutral and collectivist culture with high Power-Distance and therefore it may cause some significant problems for Poles to work effectively with Japanese. Personally, I find silence very frustrating and often feel ignored by Japanese people. Apart from that, I expect people to present and exchange ideas, however Japanese cultures tend to listen and do not interact with others. Moreover, France is a specific culture in contrast to Poland, more collectivist and achievable which may also bring about some difficulties in cooperation .

Saturday, November 23, 2019

Cloud Ingredients and Formation

Cloud Ingredients and Formation We all know what clouds are- visible collections of tiny water droplets (or ice crystals if its cold enough) that live high in the atmosphere above the Earths surface. But do you know how a cloud forms? In able for a cloud to form, several ingredients must be in place: watercooling air temperaturea surface to form on (nuclei) Once these ingredients are in place, they follow this process to form a cloud: Step 1: Change Water Vapor into Liquid Water Although we cant see it, the first ingredient water is always present in the atmosphere as  water vapor (a gas). But in order to grow a cloud, we need to get the water vapor from a gas to its liquid form. Clouds begin to form when a parcel of air rises from the surface up into the atmosphere. (Air does this in a number of ways, including being lifted up mountainsides, lifted up weather fronts, and being pushed together by converging air masses.) As the parcel ascends, it passes through lower and lower pressure levels (since pressure decreases with height). Recall that air tends to move from higher to lower pressure areas, so as the parcel travels into lower pressure areas, the air inside of it pushes outward, causing it to expand. It takes heat energy for this expansion to take place, and so the air parcel cools a bit. The further upward the air parcel travels, the more it cools. Cool air cant hold as much water vapor as warm air, so when its temperature cools down to the dew point temperature, the water vapor inside of the parcel becomes saturated (its relative humidity equals 100%) and ​condenses into droplets of liquid water. But by themselves, water molecules are too small to stick together and form cloud droplets. They need a larger, flatter surface on which they can collect. Step 2: Give Water Something to Sit on (Nuclei) In able for water droplets to form cloud droplets,  they must have something- some surface- to condense  on. Those somethings are tiny particles known as aerosols or  condensation nuclei. Just like the nucleus is the core or center of a cell in biology, cloud nuclei, are the centers of cloud droplets, and it is from this that they take their name. (Thats right, every cloud has a speck of dirt, dust, or salt at its center!) Cloud nuclei are solid particles like dust, pollen, dirt, smoke (from  forest fires, car exhaust, volcanoes, and coal-burning furnaces, etc.), and sea salt (from breaking ocean waves)  that are suspended in the air thanks to Mother Nature and us humans who put them there. Other particles in the atmosphere, including bacteria, can also play a role in serving as condensation nuclei. While we usually think of them as pollutants, they serve a key role in growing clouds because theyre hygroscopic- they attract water molecules. Step 3: A Cloud is Born! It is at this point- when water vapor condenses and settles onto condensation nuclei- that clouds form and become visible. (Thats right, every cloud has a speck of dirt, dust, or salt at its center!) Newly formed clouds will often have crisp, well-defined edges. The type of cloud and altitude (low, middle, or high) it forms at is determined by the level where an air parcel becomes saturated. This level changes based on things like temperature, dew point temperature, and how fast or slow the parcel cools with increasing elevation, known as lapse rate. What Makes Clouds Dissipate? If clouds form when water vapor cools and condenses, it only makes sense that they dissipate when the opposite happens- that is, when the air warms and evaporates. How does this happen? Because the atmosphere is always in motion, drier air follows behind the rising air so that both condensation and evaporation continually occur. When theres more evaporation taking place than condensation, the cloud will return once again become invisible moisture. Now that you know how clouds form in the atmosphere, learn to simulate cloud formation by making a cloud in a bottle. Edited by Tiffany Means

Thursday, November 21, 2019

Hearsay and exemptions to hearsay Research Paper

Hearsay and exemptions to hearsay - Research Paper Example The notion of preliminary hearing is also acknowledged as â€Å"probable cause† hearing which acts as a proceeding in which the prosecuting authority ought to ascertain in court that they possess feasible grounds to arrest a particular individual being accused as criminal. In relation to the Wisconsin Laws, the aspect of preliminary hearing has been primarily designed for the advantage of those imprisoned individuals, who are unable to post any sort of bonds ensuring that they are not detained in jail due to any irrelevant charges imposed over them. Nevertheless, the imprisoned individuals who are not able to post any kind of bonds are allowed to request for a preliminary hearing in order to dismiss the case based on specified grounds (Siegel, 2009). It has been viewed that the major aim of preliminary hearing is to verify the reality that whether a prosecutor possesses sufficient proof in order to validate further illicit proceedings against any accused individual. Furthermor e, the other main target of preliminary hearing is that it tends to establish the reality that there lay every possible ground to believe that an individual has been imprisoned on the basis of the filed charges against committing a criminal act (Herman, 2006). In this discussion, whether hearsay can be used in preliminary hearings on the basis of Wisconsin laws will be taken into concern. Moreover, certain grounds relating to the exemptions of hearsay will also be portrayed in the discussion henceforth. A Brief Overview of Preliminary Hearing The role of preliminary hearing in criminal cases can be well justified in relation to the present hearsay laws in the US statutory procedure and the recently amended Wisconsin Act. A defendant is usually allowed to experience a preliminary hearing only when he/she has been detained for the conduct of any sort of felony offense or performed certain disregardful actions in federal courts as well as in the state laws. The perceptions of prelimina ry hearing has been introduced as well as developed for the purpose of delivering significant benefits to the imprisoned individuals who are not capable to post statutory bonds assuring that they are not detained in jail due to any irrelevant charge. According to the facets of preliminary hearing, it has been apparently observed that if a particular defendant seems to be in jail at the time of conducting preliminary hearing and the responsible state fails to present any feasible grounds to prove the criminal offenses, the defendant would be entitled to enjoy the right to get dismissal from his/her case. Moreover, along with the dismissal of case, the defendant would also be entitled to get immediate release from the jail. Similarly, if a particular defendant is not present in jail at the time of performing preliminary hearing and the responsible state fails to ascertain possible reasons to the circumstances, the defendant would bear the right to get dismissed from his/her case and a lso to get immediate release from imprisonment (Siegel, 2009). The defense attorneys characteristically make the use of preliminary hearings as a helpful tool for collecting valuable evidences regarding any case in opposition to the defendant. This is due to the reason that the attorneys view the aspect of preliminary hearing as a sort of deposition by which they can discover what exactly the defendant confides about committing a felony or a criminal offense. With regard to the benefit of those imprisoned indiv

Tuesday, November 19, 2019

Another 10 questions about china law Essay Example | Topics and Well Written Essays - 1000 words

Another 10 questions about china law - Essay Example A and European Union, China had violated the national treatment in the China’s Auto parts case as it followed protectionist policy for its domestic auto-industry. United States of America and European Union have filed a case in WTO under dispute settlement mechanism alleging the unfair treatment of China towards foreign auto parts. China’s complex tariff system is the main reason for favoring domestic industry and damaging the interests of foreign auto companies. However it may not be true completely as some analysts find political reasons behind this complaint. Majority car making companies in China are having collaboration or joint venture with foreign firms and hence will get the benefit of low cost domestic spare parts that result in lower manufacturing costs. Hence they will not prefer purchasing higher cost imported spare parts from foreign companies. The term â€Å"like product† means the product that is identical to the dumped import, or in the absence of such a product, another product that has characteristics closely resembling the dumped import (Article 12 of the Anti dumping regulations of PRC, 2004) . According to Article 3 of the Anti dumping regulations, 2004 of PRC, The term â€Å"dumping† means that an import is introduced, in the ordinary course of trade, into the market of the People’s Republic of China at an export price less than its normal value. Hence its meaning is almost similar to that of WTO definition. The margin of dumping is the amount by which the export price of an import is less than its normal value (Article 6). The margin of dumping shall be established on the basis of a comparison of a weighted average normal value with a weighted average of prices of all comparable export transactions or by a comparison of the normal value and export price on a transaction-to-transaction basis. According to the Anti dumping regulations of PRC, 2004, The term â€Å"injury† means material injury or threat of material injury caused by

Sunday, November 17, 2019

Accountant Essay Example for Free

Accountant Essay How comfortable are you working long hours to achieve success? Working overtime or extra hours will not be a problem for me, because I used to work 10 hours per day and to work overtime to finish some special tasks in my previous Job. Sometimes, I spent my personal time on resolving some potential risks and problems that I found. 2. How eager are you to keep on learning to stay ahead of the curve? I am more than happy to learn in the work place because I value the process of continuous improvement. As long as I was instructed to handle something new in my previous ob, I felt excited and satisfied. The double-loop learning process benefits me from applying new knowledge and techniques to work-related areas and self-reflecting the aspects that I can improve. In addition, I am actively pursuing academic success outside work place. For example, I am the youngest CMA candidate in my CMA session. 3. Can you deal with the income volatility that you will be facing during the first few months? I have no financial problem preventing me from accepting a Job if the income is low at the beginning. I worked as a no pay intern during the first two months in my previous Job. Since I am still young, I never put salary as the top priority in searching for a Job. The thing I concern more is whether this Job can help me to develop my competitive edge or not. 4. How comfortable are you working long hours to achieve success? Working overtime or extra hours will not be a problem for me, because I used to work 10 hours per day and to work overtime to finish some special tasks in my previous Job. Sometimes, I spent my personal time on resolving some potential risks and problems that I found. . How eager are you to keep on learning to stay ahead of the curve? I am more than happy to learn in the work place because I value the process of continuous improvement. As long as I was instructed to handle something new in my previous Job, I felt excited and satisfied. The double- loop learning process benefits me from applying new knowledge and techniques to work-related areas and self-reflecting the aspects that I can improve. In addition, I am actively pursuing academic success outside work place. For example, I am the youngest CMA candidate in my CMA session. 6. Can you deal with the income volatility that you will be facing during the first few months? I have no financial roblem preventing me from accepting a Job if the income is low at the beginning. I worked as a no pay intern during the first two months in my previous Job. Since I am still young, I never put salary as the top priority in searching for a Job. The thing I concern more is whether this Job can help me to develop my competitive edge or not. 7. How comfortable are you working long hours to achieve success? Working overtime 8. How eager are you to keep on learning to stay ahead of the curve? I am more than session. 9. Can you deal with the income volatility that you will be facing during the me to develop my competitive edge or not. 0. How comfortable are you working long some potential risks and problems that I found. 11. How eager are you to keep on youngest CMA candidate in my CMA session. 12. Can you deal with the income 13. How comfortable are you working long hours to achieve success? Working overtime or extra hours will not be a problem for me, because I used to work 10 hours per day and to work overtime to finish some special tasks in my previous Job. Sometimes, I spent my personal time on resolving some potential risks and problems that I found. 14. How eager are you to keep on learning to stay ahead of the curve? I am more than happy to learn in the work place because I value the process of continuous improvement. As long as I was instructed to handle something new in my previous Job, I felt excited and satisfied. The double-loop learning process benefits me from applying new knowledge and techniques to work-related areas and self- reflecting the aspects that I can improve. In addition, I am actively pursuing academic success outside work place. For example, I am the youngest CMA candidate in my CMA session. 15. Can you deal with the income volatility that you will be facing during the first few months? I have no financial problem preventing me from accepting a Job if the income is low at the beginning. I worked as a no pay intern during the first two months in my previous Job. Since I am still young, I never put salary as the top priority in searching for a Job. The thing I concern more is whether this Job can help me to develop my competitive edge or not. 16. How comfortable are you working long hours to achieve success? Working overtime or extra hours will not be a problem for me, because I used to work 10 hours per day and to work overtime on resolving some potential risks and problems that I found. 7. How eager are you to keep on learning to stay ahead of the curve? I am more than happy to learn in the work place because I value the process of continuous improvement. As long as I was instructed to handle something new in my previous Job, I felt excited and satisfied. The double-loop learning process benefits me from applying new knowledge and techniques to work-related areas and self-reflecting the aspects that I can improve. In addition, I am actively pursuing academic success outside work place. For example, I am the youngest CMA candidate in my CMA session. 18. Can you deal with the ncome volatility that you will be facing during the first few months? I have no financial problem preventing me from accepting a Job if the income is low at the beginning. I worked as a no pay intern during the first two months in my previous job. Since I am still young, I never put salary as the top priority in searching for a Job. The thing I concern more is whether this Job can help me to develop my competitive edge or not. 19. How comfortable are you working long hours to achieve success? Working overtime or extra hours will not be a problem for me, because I used to work 0 hours per day and to work overtime to finish some special tasks in my previous job. Sometimes, I spent my personal time on resolving some potential risks and problems that I found. 20. How eager are you to keep on learning to stay ahead of the curve? I am more than happy to learn in the work place because I value the process of continuous improvement. As long as I was instructed to handle something new in my previous Job, I felt excited and satisfied. The double-loop learning process benefits me from applying new knowledge and techniques to work-related areas and elf-reflecting the aspects that I can improve. In addition, I am actively pursuing academic success outside work place. For example, I am the youngest CMA candidate in my CMA session. 21 . Can you deal with the income volatility that you will be facing this Job can help me to develop my competitive edge or not. 22. How comfortable are to finish some special tasks in my previous Job. Sometimes, I spent my personal time on resolving some potential risks and problems that I found. 23. How eager are you am the youngest CMA candidate in my CMA session. 24. Can you deal with the edge or not.

Thursday, November 14, 2019

The Decline of Chivalry Explored in Araby and A&P Essay -- Comparison

Romantic gestures have been seen as a useful motive to win hearts of women for centuries. However, as society constantly changes, the effectiveness of these chivalrous acts has diminished. In James Joyce’s â€Å"Araby† and John Updike’s â€Å"A&P†, this theory is explored, both telling the story of a boy whose efforts to impress the girl of their desires fail. As said by Well’s in his critical analysis of these stories, â€Å"Both the protagonists have come to realize that romantic gestures—in fact, that the whole chivalric view [sic] --- are, in modern times, counterproductive†. These stories, despite the differences between the two characters, clearly show that the character’s world is changing, with chivalry becoming more obsolete. â€Å"Araby† tells the story of a young boy who romanticizes over his friend’s older sister. He spends a lot of time admiring the girl from a distance. When the girl finally talks to him, she reveals she cannot go to the bazaar taking place that weekend, he sees it as a chance to impress her. He tells her that he is going and will buy her something. The boy becomes overwhelmed by the opportunity to perform this chivalrous act for her, surely allowing him to win the affections of the girl. The night of the bazaar, he is forced to wait for his drunken uncle to return home to give him money to go. Unfortunately, this causes the boy to arrive at the bazaar as it is closing. Of the stalls that remained open, he visited one where the owner, and English woman, â€Å"seemed to have spoken to me out of a sense of duty† (Joyce 89) and he knows he will not be able to buy anything for her. He decides to just go home, realizing he is â€Å"a creature driven and derided with vanity† (Joyce 90). He is angry with himself and embarrassed as he... ... prove how romantic gestures become obsolete as time progresses. As shown above, Sammy and the boy went to great lengths to impress the girls. However, their quest failed simply because it did not matter to the girls. This goes to show that as society develops through time, these chivalrous gestures become more and more useless. Work Cited DiYanni, Robert. Literature: Approaches to Fiction, Poetry, and Drama. Boston: McGraw Hill. 2008. Print. Joyce, James. â€Å"Araby.† The Norton Introduction to Literature, Shorter Eighth Edition. Eds. Jerome Beaty, Alison Booth, J. Paul Hunter, and Kelly J. Mays. New York: W.W.Norton. Updike, John. "A&P." The Bedford Introduction To Literature. Ed. Editor's Name(s). Boston, MA: Bedford/St. Martin, 2005. Wells, Walter. "John Updike's 'A&P': a return visit to 'Araby.'" Studies in Short Fiction 30, 2 (Spring 1993)

Tuesday, November 12, 2019

Listening Task Study

Listening Task Study Listening and note taking †¢Listen carefully each time. †¢Make notes of what you hear. Better to have too many notes than not enough. †¢Be sure to take down quotes or language used in the text. †¢Have a shorthand system that is meaningful to you. †¢Use arrows to show linked ideas. Answering questions †¢Use the amount of marks appointed to the question as a guide to how much information is required. 1 mark = 1 piece of information. †¢If in doubt about what to include in the answer, put it all in. †¢Use the language of the text as often as you can.Do not simplify the meaning or understanding of the text in your response. †¢Do not use your general knowledge. You must interpret the meaning from the text, not from how you understand the world should work. †¢Always interpret the meaning intended within context of the text. †¢Every answer should reference the text, preferably with direct quote or by using the langua ge of the text. †¢Make sure you hear the word correctly and write it as you hear it. Language features to look out for in listening tasks Anecdotes Analogy Metaphor Simile Sound devices Exaggeration Sarcasm Humour IronyStatistics and Cultural references or intertextuality TermMeaningExample – provided where helpful Context – clarifies the meaning of something, either through historical information or by providing further detail before and / or after itThe conditions /circumstance relevant to an event, fact, e. g. time/place etc Conversational speech – characteristic of informal spoken language or conversation Dialect – form of a language spoken in a particular geographical area or by members of a particular social class or occupational group, distinguished by its vocabulary, grammar, and pronunciationCockney is a dialect of English not to be confused with ‘accent’ which is pronunciation common to a certain language dialect Diction â€⠀œ the choice and use of words in speech or writing Digression – an act or instance of changing from a main subject in speech to another unconnected subject Everyday/familiar/modern references – to mention something that the audience will recognise (can be an object or a common phrase) to create rapport / humour (when done out of context can increase the humour) Fillers / hedges (natural speech marker) – sounds or words that are spoken to fill up gaps in utterancescommon filler sounds are â€Å"uh† â€Å"er† and â€Å"um† Idiolect – a person’s individual speech habits. Idiom – a group of words whose meaning is different from the meanings of the individual wordsâ€Å"She let the cat out of the bag† or â€Å"He was caught red-handed. † Impact – the power of making a strong, immediate impression Interrupt – to stop a person while s/he is saying or doing something, especially by saying something o neself Intonation – the sound pattern of phrases and sentences produced by pitch variation in the voice Lexis – the full vocabulary of a language, or of a group, individual, field of studytyre, oil, engine, car etc Non-verbal signs – the process of communication through sending and receiving wordless messagese. g. hrough gesture; body language or posture; facial expression and eye contact; or even object communication such as clothing, hairstyles etc Pace/timing – the process or art of regulating actions or remarks in relation to others to produce the best effect Rapport – Relationship, usually a harmonious one, established between a speaker and their audience Register (formal/informal etc) – Level of formality in speech with others; register depends on the situation, location, topic discussed, and other factors Rhetorical device – a technique that a speaker (or author) uses to evoke an emotional response in the audiencee. g. hyperbol e – I was so hungry, I could have eaten an elephant Spontaneous speech – unprepared speech, in opposition to prepared speech where utterances contain well-formed sentences close to those that can be found in written documents Tag questiona question added to a declarative sentence, usually at the end, to engage the listener, verify that something has been understood, or confirm that an action has occurredCommon tags include won't you? wasn't it? don't you? haven't you? okay? and right? Transcript – a written copy of a discussion or speech

Sunday, November 10, 2019

Freedom of speech from the perspective of mass media, to what extend it has been practiced in Malaysia? Essay

Mass media are means of communications (as newspapers, radio, or television) that is designed to reach the mass of the people1. Besides playing the role to inform individual with news, the media together with a sound legal system and an independent judiciary is part of a triumvirate that is essential for a well-functioning democracy2. In a democratic system of government, mass media is performing a number of essential functions. First, they serve on information or surveillance function. Second, they serve an agenda-setting and interpretation function. Third, they help us to create and maintain connections with various groups in society. Fourth, they help us to socialize and to educate us. Fifth, they persuade us to buy certain items or accept certain ideas. Sixth, they entertain us. Freedom is the power or right to act, speak or think freely. We are now living a media culture and its influence is become very pervasive. The number of hours we spend on the media is mind-boggling. Although the freedom of the media should not be in toto, yet the degree of the freedom of the media will affect the function of the media. Citizens of countries that are democratic see media freedom as a right, not a privilege. Nevertheless, there is no mention of freedom of the press or freedom of the electronic media in our Constitution. However, freedom of media to exercise its role and functions in society has been enshrined as a fundamental human right by way of recognition for the right to freedom of speech, expression and opinion.3 Pre-independence In 1930-1940, there are nearly 80 newspaper and magazines published in the Malay State, such as Utusan Melayu, Saudara, Warta Malaya and Majlis. In Warta Malaya, it published article that talk about the social and economic problems faced by the Malay. However, it did not ask for the British to be chased out. The newspaper, Majlis, discussed the political issues. Majlis not only brings to the awakening and fights for Malays right, their office became the place for the nationalist to meet up and exchange their thoughts. In the newspapers Saudara, there was a column named ‘Persaudaraan Sahabat Pena’ where the Malay readers exchanged their point of view. British was worried on the development of this column and therefore took the step to overseen those who involved in the said column. In view of the number of publications that existed during the time and the situation whereby those newspapers are free to discussed any issues, and the fact that the newspapers has played a vital role in the movement towards independence, we can conclude that under the administration of British, the media was enjoying the freedom of speech. The law on the freedom of speech became clearer during the time prior to independence. Certain law has been introduced to the Malay State. One of the laws which governed the freedom of speech at that time was the Sedition Act 1948. Section 4 of the Act makes it an offence to make, prepare, or to conspire, to do a seditions act, to utter seditious words, and to propagate or import any seditious publications. Section 3 provides that a seditious tendency is one which tends to (a) bring hatred or contempt to the government or excite disaffection against any Ruler or government, (b) excite the countrymen to revolt, (c) bring into hatred or contempt or excites disaffection against administration of justice, (d) raise discontent or disaffection among the countrymen, or (e) promote feelings of ill-will and hostility amongst the inhabitants of the country. Besides, there were two ordinances specifically deal with the printed media at that time, i.e. Printing Press Act 1948 (Ord 12 of 1948) and Control of Imported Publications Act 1958 (Ord 14 of 1955). The former deal with the publisher in the Malay State while the later governing the printed material from other country. Those laws were limiting freedom of speech of the media at the British colonial the light of the freedom of speech only shine at the colonial since 1956, when an attempt to draft a Federal Constitution started. The recommendations were submitted by Reid Commission in 1956-1957 Reports. In the report, there were two paragraphs provides under the title ‘Fundamental Rights’ 161. A Federal Constitution defines and guarantees the right of the Federation and the states; it is usual and in our opinion right that it should also define and guarantee certain fundamental individual right which are generally regarded as essential conditions for a free and democratic way of life. The rights which are recommend should be defined and guaranteed are all firmly established now throughout Malaysia and it may seen unnecessary to give them special protection in the Constitution. But we found in certain quarters vague apprehension about the future. We believe such apprehensions to be unfound, but there can be no objection to guaranteeing these rights subject to limited exceptions in conditions of emergency and we recommend that this should be done†¦.. 162. our recommendations afford means of redress, readily available to any individual, against unlawful infringements of personal liberty in any of its aspects†¦ we further recommend (Art 10) that freedom of speech and expression should be guaranteed to all citizens subject to restrictions in the interest of security, public order or morality or in relation to incitement, defamation or contempt of court†¦ For the Malaysian citizen, the objectives of those who framed the Federal Constitution were but little affected by the epidemic of human rights in the Western world4. It has been observed that the commission’s recommendation on the freedom of speech has been vague, particularly on the importance of the rights. The commission only devoted two paragraphs. The reason why it was so was clear in the paragraph itself. The draft Article 10 in our Constitution was as follow: 10 (1) every citizen shall have the right to freedom of speech and expression, subject to any reasonable restriction imposed by federal law in the interest of the security of the Federation, friendly relations with other countries, public order, or morality, or in relation to contempt of court, defamation, or incitement to any offence. Mr. Justice Abdul Hamid on his note of dissent stated that â€Å"the word ‘reasonable’ wherever it occurs before the word ‘restrictions’ in the three sub-clauses of Article 10 should be omitted. Right to freedom of speech, assembly, and association has been guaranteed subject to restrictions which may be imposed in the interest of security of the country, public order and morality. If the Legislature imposes any restrictions in the interest of the aforesaid matters, considering those restrictions to be reasonable, that legislation should not be challengeable in a court of law on the ground that the restrictions are not reasonable. The Legislature alone should be the judge of what is reasonable under the circumstances. If the word ‘reasonable’ is allowed to stand, every legislation on this subject will be challengeable in court on the ground that the restrictions imposed by the legislature are not reasonable. This will in many cases give rise to conflict between the views of Legislature and the views of the court on the reasonableness of the restrictions. To avoid a situation like that it is better to make the Legislature the judge of the reasonableness of the restrictions. If this is not done the legislatures of the country will not be sure of the state of the law which they will enact. There will always be fear that the court may hold the restrictions imposed by it to be unreasonable. The laws would be lacking in certainty.† Later, when the Constitution comes into force, the Article 10 provides that: (1) subject to clause (2): (a) Every citizen has the right to freedom of speech and expression; (2) Parliament may by law impose: –   (a) on the rights conferred by paragraph (a) of clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any legislative Assembly or to provide against contempt of courts, defamation, or incitement to any offence; There are one case regarding to press reported prior to independence i.e. Public Prosecutor v. The Straits Times Press Ltd5 In this case, upon the application of the Public Prosecutor, the Respondents, who are the proprietors of the Straits Times Press Ltd, were alleged contempt in publishing a report of the trial of Tan Seng Ann of the Straits Times dated 5 August 1948. The report appeared which, it is now admitted, was misleading and inaccurate in that it gave the impression, contrary to the facts, that the first step in the proceedings in that case was a voluntary confession by Tan Seng Ann that he was in possession of a fire-arm and that his arrest was made solely as the result of such voluntary confession in the issue. The Notice of Motion having set out the terms of the letter complained of went on to allege inter alia that the criminal case referred to in the letter was sub judice when the letter was published in that an appeal was pending; that the terms of the letter did not constitute a fair or accurate account of the trial nor fair comment thereon; and that its publication tended to prejudice the fair disposal of the proceedings and tended to bring into contempt the administration of justice by that Court. Spenser-Wilkinson J held that: â€Å"†¦I would hesitate to follow too closely the decisions of English Courts on this subject without first considering whether the relevant conditions in England and this country are at all similar. Quite apart from the present emergency in this country, I do not think it could be suggested that the development of the Press, the general standard of education or the composition of the general public in the two countries are at all comparable and it may, therefore, be necessary to take a stricter view here of matters which pertain to the dignity of the Courts and the impartial administration of justice than would be taken at the present time in England.† Newly Independence (1957-1980) At this period, Art 10 Federal Constitution has been amended twice. The first amendment was on 19636 where the words ‘Clause (2) and (3)’ had been substituted for the words ‘clause (2)’ of clause (1) with effect from 16 September 1963.and the words ‘or any part thereof’ were added to the Art10(2)(a). Further, clause (3) which provides that: â€Å"Restrictions on the right to form a associations conferred by paragraph (c) of clause (1) may also be imposed by any law relating to labour or education.† The second amendment was made on 19717 after considering the trouble of May 1969. This time, Clause (4) was added with effect from 10 March 1971. Article 10(4) provides that Parliament may pass laws prohibiting the questioning of four sensitive matters: right to citizenship under Part III of the Constitution; status of the Malay language; position and privileges of the Malays and the native of Sabah and Sarawak; and prerogatives of the Malay Sultans and the Ruling Chiefs of Negeri Sembilan. The constitutional changes enable Parliament to amend the Sedition Act of 1948 in order to add a new definition of ‘seditious tendency’8. The amended sections were: Section 3 (1) A seditious tendency is a tendency (f) To question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution or Article 152, 153 or 181 of the Federal Constitution Section 2 â€Å"seditious† when applied to or used in respect of any act, speech, words, publication or other thing qualifies the act, speech, words, publication or other thing as one having a seditious tendency; Official Secrets Act 1972 is a new law that be introduced at that time. This is the most important statute on government secrecy. The gist of the law is that ‘official secrets’ cannot be received, retained, released or used without prior authorization.9 The Act is drafted in the widest possible terms and is not limited in its operation to spies, saboteurs, traitors and mercenaries. The term ‘official secret’ is not defined in the Act. The courts have given the term the broadest possible definition, and on the generally accepted construction any communication pertaining to the Executive would constitute an offence.10 The right to free speech can be further eclipsed by the special provisions of Art 149 and 150 relating to subversion and emergency. Art 149 authorises legislative action designed to stop or prevent subversion, organized violence and crimes prejudicial to the public. Art 150 permits any legislative action required by reason of emergency. The grounds enumerated above permitting curtailment of free speech are so broad and comprehensive that in 49 years no Act of parliament even been found by the courts to have violated the Constitution. Besides printed media, television was introduced in Malaysia in 1963. The television was under the control of the Department of Broadcasting (RTM). What is apparent is that television and more generally broadcasting in Malaysia was form its inception closely aligned to the government. Both the RTM channel were established via decisions made by the then Alliance coalition government. Because of the circumstances at that time, there was no any specifics rule to govern the broadcasting. One of the cases that being heard at that time was Melan bin Abdullah v Public Prosecutor.11 The fact of the case was that On 6 April 1971 the Utusan Melaya newspaper published a report of a talk given by given by Inche Musa Hitam, a prominent Malay leader and member of Parliament, at the National Education Congress held in the Dewan Bahasa dan Pustaka, Kuala Lumpur.. In the report was an editorial sub-heading, which in the English translation reads: â€Å"Abolish Tamil or Chinese medium schools in this country.† The first appellant was the editor-in-chief of the Utusan Melayu, and the second appellant the author of the sub-heading inserted in the report. Sanction for their prosecution was given under s 5(1) of the Sedition Act 1948, and they were tried in due course in the special sessions court on a charge of publishing a seditious publication in contravention of s 4(1)(C) of the Sedition Act, punishable under the same section. The learned special president held the publication to be seditious, that the first appellant â€Å"was responsible for all publication in the Utusan Melayu†, that the second appellant was the author of the impugned subheading, and that consequently they were both guilty. They were convicted and fined the sum of $500 and $1,000 respectively, in default one month and two months’ imprisonment, both appellant appealed. CJ Ong, on hearing of the appeal accepted the first appellant evidence that he had organised seminars and discussions, relating in particular to the â€Å"sensitive issues† and had instructed his staff on the relevant law as he understood it. He had sponsored a talk to journalists given on this subject in February 1971 by the Attorney General as well as the Solicitor-General. Therefore, the first respondent appeal was allowed. But the court dismissed the second respondent appeal. Another case is Public Prosecutor v Straits Times (Malaya) Bhd.12 The Public Prosecutor applied in this case for leave to issue a writ or writs of attachment for contempt of court on the respondents for publication of articles in The Straits Times. The grounds upon which relief was sought was that â€Å"the publications of the said articles contain matters which are tendentious and constitute contempt of court, because they are prejudicing and embarrassing the applicant in the exercise of his statutory functions and also prejudicing a fair trial concerning the circumstances of the death of one Robert Lee.† Abdul Hamid J held that: ‘I do not think that it is reasonable to construe these words as having any special meaning. There is no dispute that the reports do reveal that there had been an assault, a commotion and firing of a shot and that allegedly, a police officer was involved. But these facts are not challenged. As regards the previous episode encountered by Robert Lee there is nothing to show that this was not true. Further it is not uncommon for newspapers to publish matters concerning scholastic achievement of and other good deeds rendered by a person on his death particularly if the dead person enjoys a certain standing in the community or he is in one way or another related to any prominent personality. For that reason it is unreasonable to isolate certain passages from the reports and construe them unfavourably or to impute improper motive on the publisher. What may appear to be an embarrassment or prejudicial if that part is read in isolation may not be so if the reports are read as a whole taking into account the circumstances surrounding such publication particularly if it relates to a matter which will promote public sensation or a matter of unusual occurrence.† The application was therefore dismissed. Malaysia under Tun Dr. Mahathir (1981-2002) Over this period, more laws are introduced and come into force to govern the media. In 1984, Printing Presses and Publications Act came into force on the 1st of September 1984 as a consolidating Act, and in turn repealed the Printing Presses Act 1948 and the Control of Imported Publications Act 1958. The Act is designed ‘to regulate the use of printing, presses and the printing, importation, production, reproduction, publishing and distribution of publications and for matters connected there with’. Through such control, the government uses it power to determine what it is the public has a right to know, or exactly what form freedom of speech should take13. This is an Act designed clearly to ensure that the press does not get out of line, imposes both a system of licensing and censorship14. Section 3 of the Act makes it mandatory to obtain a license to own a printing press. The Minister has absolute discretion on giving, refusing, and revoking a license15. Further, judicial review of the Minister’s discretion is not allowed16 and the Minister is not required to give the parties a prior hearing17. The period of the license is 12 months or shorter period as minister specifies18. This means that all publishers in this country must suffer the pangs of uncertainty about whether their permit will be renewed for the following year. There is less control of what may be written in foreign publications, controls have been exercised through deliberate delay in distribution and sometimes outright ban on their sale where officials deemed reports to be offensive or inaccurate19. In 1988, another law governing the media came into force on 1st August i.e. The Broadcasting Act 1988. The preamble to the Act states: ‘An act to provide for the control of broadcasting services and for matters connected therewith’. The Act is both stringent and inflexible. It bestows enormous powers on the government to determine the type of television made available to the Malaysian public. In the midst of the supposed ‘deregulation’ of broadcasting, the Act now gives the Minister of Information virtually total powers to determine who will and who will not broadcast and the nature of the broadcast material. Under the Act, any potential broadcaster would need to apply for a licence from the minister beforehand. Later, the Act was amended on October 1996. By the amendment, this already-stringent piece of legislation were aimed at taking into account the introduction of new services, such as cable and satellite television, satellite radio, pay TV and video-on demand. Due to the drastic development in the electronic media, the Legislature has to repeal the old Telecommunication Act 1950 and the Broadcasting Act 1988 and introduced a new law which is the Communications and Multimedia Act 1998. The Act’s breakthrough was to bring together the previously disparate industries of broadcasting, telecommunications and internet services combined under legislation and more importantly, one regulator the Communications and Multimedia commission.20 The Communication and Multimedia Act brings to the creation of Communication and Multimedia Commission Act 1998. the Communication and Multimedia Commission performing several functions including advising the Minister all matters concerning the national policy objectives for communication and multimedia activities and implementing and enforcing the provisions of the communications and multimedia law. Interestingly, Information Malaysia 1980-81 and Information Malaysia 1985 revealed that between 1981 and 1985 alone, the number of titles of local newspapers, magazines, and journals in circulation increased from 56 to 10221. However, the increase in number cannot be the proof supporting the allegation that during that time, the media was enjoying freedom of speech. There are some facts that we should not forget. In 1987, during the Operasi Lalang, a number of newspapers were closed by the government22. Later, Harakah being categorizes as publications of political parties meant for party members and there is law forbids the publication being openly sold to the public. Besides, Barisan Nasional owned and controlled major Malaysian media organization. Further, prior to Dato Seri Anwar’s sacking, expulsion, and detention, the editor of Utusan Malaysia and Berita Harian, and the director of operations of TV3 were forced to resign because they were allied to Anwar. In 1990, there was a case of Aliran Kesedaran23 In this case, the respondents had applied for a permit under s 6(1) of the Printing Presses and Publications Act 1984 to print and publish in Bahasa Malaysia a magazine under the name and style of Seruan Aliran. The application was refused by the Minister of Home Affairs. The respondents applied for an order of certiorari to remove into the High Court for the purpose of quashing the decision of the Minister and for an order of mandamus directing the Minister to hear and determine the application for the permit according to law. The High Court made an order quashing the decision of the Minister and ordered that the Minister shall hear and determine according to law the application for the permit. The appellant appealed. The court allowing the appeal and held that; ‘Section 12(2) of the Printing Presses and Publications Act 1984 gives the Minister of Home Affairs ‘absolute discretion to refuse an application for a license or permit’. So unless it can be clearly established that the Minister for Home Affairs had in any way exercised his discretion wrongfully, unfairly, dishonestly or in bad faith, the High Court cannot question the discretion of the Minister.† One of the significant cases during this period was the case of Irene Fernandez. The facts were that in 1995, Tenaganita released a report documenting beatings, sexual violence against detainees by prison guards, and inadequate food and water in Malaysia’s immigration detention camp. Irene Fernandez was arrested and charged with malicious publication of false news under the Printing Presses and Publications Act. Magistrate Juliana Mohamed found Irene guilty and was sentence to one year imprison. Current Situation (2003-2006) Between these periods of time, there is no any new law designed to control the media. However, recently, Government has released the Media Council Bill (2006) which seeks to ameliorate some of the worst excess of the Printing Presses and Publications Act in regard to the local media. On page 4 of the Bill, it was stated: â€Å"An Act to establish the Malaysian Press Council for the purpose of preserving, promoting and protecting the freedom of the Press, of maintaining and improving the ethical and professional journalistic standards of newspapers, press publications and news/press agencies in Malaysia.† Nevertheless, there is fear in public that this piece of legislation will create another unnecessary public body with wide powers to curb press freedom despite its apparent duty to uphold that right. It might also act as a censorship board, only dealing with complaints against the press organisations and journalists and not against denial of freedom of expression by other entities such as ministers or organisations whose actions effectively suppress the right of freedom of expression. Besides, bear in mind that all the laws governing the media before this are still firmly in place and the main stream media also continue to be owned by interests directly or indirectly tied to the main component parties of the BN, especially UMNO and MCA. Some incidents happened during this time of period, showing to us that despite of the changes of the head of the Government, the media are not freer compared to the years before. The government shut down the Sarawak tribune for the editors made a mistake of reprinting caricatures of Prophet Muhammad following Muslim protests of a Danish paper that first published them. Another incident was that the Minister of Information, Datuk Zainuddin had sought the sacking of top NST editor at a meeting of UMNO’s information bureau because he was unhappy with the way the NST had played up certain issues such as the religious rights of minorities and the government’s policy on bumiputras.24 The government also delays in reviewing the publishing permit of the Oriental Daily and censor certain news that the government were not comfortable with. Moreover, the debate on Ninth Malaysia Plan was given wide publicity in the media, but it was the official view and rationale for the Plan that enjoyed one-sided coverage. The leader of the opposition who spoke foe six hours on the Plan did not get any substantive coverage.25 Another issue was that Tun Dr. Mahathir had called a press conference to express his deep disappointment after Datuk Seri Abdullah dismissed the ‘crooked bridge’ project. However, the mainstream media hardly covered it. Conclusions The freedom of the media has seen become more restrictive from the time prior to independence until now. At the early day, the British Colonial has a freer media compare to the media after independence. This might be because of the British regarded the individual freedom as up most important. When came to the early day after independence, the laws being designed were more restricted. However, this was understandable as the situation at that time, where Malaysia was in an Emergency. Unmindful speech might cause riot to the nation. Therefore, the government had to take step to prevent this. In 1970-1985, there was more cases on freedom of speech, after the stand of the courts are clear in these issues, there was lesser cases. During the time frame from 1981 to 2002, many laws were designed and many existing laws were amended. Tun Dr. Mahathir tried to justify this by saying that: ‘the truth is that there is no absolute press freedom anywhere in the world, be it in a liberal democratic country or in countries governed by dictators.†26 He further claimed that journalists and foreigners read a few newspapers which support the government and immediately concluded that there is no press freedom in Malaysia. This was in conjunction with his view points that: â€Å"Malaysian newspapers are free. But this freedom does not mean freedom to criticize the government alone. It also means freedom to support the government.†27 Further in Tun Dr. Mahathir speech at the national union of Journalists dinner on 15th June 1990, he stated that: ‘According to an old English proverb, power corrupt and absolute power tends to corrupt absolutely. If there are restrictions on press freedom, especially pertaining to reports on violence, sex and obscenity, then they are imposed because no one should be given absolute power. This is to prevent the possibility of ‘absolute corruption’. This constraint no way suggests there is no press freedom in Malaysia. Government leaders in this country have no absolute power. The people can change the government while the courts can reverse government decisions. Therefore, newspapers in Malaysia must accept these restrictions. This is done in the national interest and not aimed at destroying press freedom†. It is true that freedom of the media has to be limited but over limiting will only result to a closed society. Looking at the current situation, many are thinking that the new government would promote media freedom in view of the government transparency policy. However, one should bear in mind that since Datuk Seri Abdullah took over the government until today, it was only three years passed. It is unfair to judge him at this moment. Whether or not there is free media under Datuk Seri Abdullah, we shall wait and see. Comparing to our nearest neighbor, Singapore, media in Malaysia enjoy more freedom. Singapore as a police state, the press is mobilized to explain and support the policies of the Singapore government, as an aid to development rather than assuming a counter-checking posture. In Chee Siok Chin case28, the Singapore court held that: â€Å"it bears emphasis that the phrase ‘necessary or expedient’ confers on Parliament an extremely wide discretionary power and remit that permits a multifarious and multifaceted approach towards achieving any of the purposes specified in Art 14(2) of the constitution. In contrast to the Indian Constitution, there can be no questioning of whether the Legislations are ‘reasonable’. The court’s sole task, when a constitutional challenge is advanced, is to ascertain whether an impugned law is within the purview of any of the permissible restrictions.† As for electronic media, the media Corporation of Singapore, an evolution from a series of government owned broadcast Corporations, dominances the broadcasting media. The PAP government guards the broadcast turf with rigour, grudgingly allowing foreigner broadcasters to operate for commercial and public relations reasons but legislating them off local politics. Today, Malaysian society has an economic level of existence which provides for basic needs, health facilities, adequate housing and equal opportunities to education. Therefore, there is no reason why freedom of speech and free media should be restricted. Values of freedom of expression, exposure to critical thinking and the importance of a civil society should be emphasizes. After 49 years of independence, Malaysian should not only concern with earning a livelihood and basic quality of life issues. Society shall have desire to acquire knowledge especially in social concerns such as freedom of speech. Bibliography: 1. â€Å"A Case of the Media Freedom: Report of the SUHAKAM†, Workshop on Freedom of the Media at Kuala Lumpur, Aug. 1, 2002. (Kuala Lumpur: Suruhanjaya Hak Asasi Manusia Malaysia, 2003). 2. Abdul Aziz Bari, ‘Freedom of Speech and Expression in Malaysia After Forty Years’, (1998) 27.3 INSAF 149-161. 3. Abraham, C.E.R., â€Å"Freedom of Speech for Whom? The Malaysian Case†, (1998) 27.3 INSAF 1-8. 4. Asian Human Rights Commission, homepage, 10 Sept. 2006 5. Asian Human Rights Commission, homepage, 10 Sept. 2006 6. Broadcasting Act 1988 (Act 338). 7. Centre for Independent Journalism, 10 Sept. 2006 8. Communications and Multimedia Act 1998 (Act 588). 9. Communication and Multimedia Commission Act 1998. (Act 599). 10. Constitution (Amendment) Act 1971 (Act A30). 11. Control of Imported Publications Act 1958 (Ord 14 of 1955) 12. Cyrus V. Das, â€Å"Press Freedom & Contempt of Court†, (1986) 19.3 INSAF 61. 13. Faruqi, Shad Saleem, â€Å"Access to Information†, [1993] 4 Malaysia Current Law Journal xxiii. 14. —, â€Å"Curbing Excesses of Free Speech†, Sunday Star, 10 Feb, 2002, Focus. 15. —, â€Å"Cyber Challenge to Freedom of Speech†, Sunday Star, 27 Jan, 2002, Focus. 16. —,†Keeping A Tight Lid on Official Secrets†, Sunday Star, 17 Feb, 2002, Focus. 17. —, â€Å"Life-blood of Free Society†, Sunday Star, 20 Jan, 2002, Focus. 18. —, â€Å"Pifalls for the Unwary Media†, Sunday Star, 3 March, 2002, Focus. 19. —, â€Å"Principles That Govern Free Speech†, Sunday Star, 3 Feb, 2002, Focus. 20. Federal Constitution. 21. â€Å"Freedom of the Press? A Quick Look At the Borneo Mail Affair and the Question: How Free Is the Local Press?†. 1994 (June) Malaysian Law News, 36-37. 22. Hashim Makaruddin, ed., Ensiklopedia Dr. Mahathir Bin Mohamed: Perdana Menteri Malaysia, (Cairo: Dar al-Kitab al-Masri, 2005). 23. Hickling, R.H., Hickling’s Malaysian Public Law, (Petalng Jaya: Longman, 2003). 24. â€Å"I Know How The People Feel†, (1986) 19.4 INSAF 18. 25. Kanesalingam, A., â€Å"Democracy and the Law†, (1998) 27.4 INSAF 105-115. 26. Mahathir Mohamed, â€Å"Freedom of the Press: Malaysian Perspective†, 1990 (Aug) Malaysian Law News, 521-522. 27. Malaysia Act 1963 (No.26/63). 28. Merriam-Webster Online Dictionary 3 Sept. 2006 29. Mohamad Ariff Yusuf, â€Å"Freedom of the Press in Malaysia†, 10th Law Asia Conference, (Kuala Lumpur, June 21 – July 4, 1987). 30. Mustafa K. Anuar, Anil Netto, â€Å"Malaysian Ready for Press Freedom†, 5 Sept. 2006, 31. —, Joint Coordination, Charter 2000, Aliran Online, 6 Sept. 2006 32. Officials Secrets Act 1972 (Act 88) 33. Officials Secrets (Amendment) Act 1983 34. Officials Secrets (Amendment) Act 1986 35. Padmanabha Rau, â€Å"Federal Constitutional Law in Malaysia & Singapore†, 2nd ed., (Singapore: Butterworths Asia, 1997). 36. â€Å"Press Council Bill A Farce†, Aliran Online, 5 Sept. 2006 37. Printing Press Act 1948 (Ord 12 of 1948) 38. Printing Presses and Publications Act 1984 (Act301). 39. Printing Presses and Publications (Amendment) Act 1987 (Act684) 40. Reme Ahmad, â€Å"Malaysia Former Media Bosses Duel Over Press Issues†, Asia Media News 22 Feb. 2006, 9 Sept. 2006 41. Ruslan Zainuddin, Fauziah Soffie, â€Å"Sejarah Malaysia† (Selangor: Penerbit Fajar Bakti, 2001). 42. .Salleh Buang, â€Å"The Broadcasting Act 1988†, 1994 (April) Malaysian Law News, 5&14. 43. Shafruddin Hashim, â€Å"The Constitution and the Federal Idea in Peninsular Malaysia†, (1984) Journal of Malaysia and Comparative Law, 139-178. 44. Sheridan, L.A. & Groves, Harry E., â€Å"The Constitution of Malaysia†, 5th ed., (Singapore: Malaysian Law Journal, 2004). 45. Sedition Act 1948 (Revised – 1969) (Act 15). 46. Sopiee, Mohamed Nordin, â€Å"Freedom of the Press†, 10th Law Asia Conference, (Kuala Lumpur: June 29 – July 4, 1987). 47. Tan, Kevin & Thio Li-Ann, â€Å"Constitutional Law in Malaysia & Singapore†, 2nd ed., (Singapore: Butterworths Asia, 1997). 48. â€Å"The Officials Secrets (Amendment) Bill 1986: Why Are They Taking Away Our Rights?† 1986, 19.4 INSAF 1. 49. Tun Mohamed Suffian, ed., â€Å"The Constitution of Malaysia: Its Development: 1957-1977†, (Kuala Lumpur: Oxford University Press, 1978). 50. Wong, Kok Keong, â€Å"Propagandists for the BN (Part 1)†, 2004 Vol. 24 No. 5 Aliran Monthly, 14-17. 51. —, â€Å"Propagandists for the BN (Part 2)†, 2004 Vol. 24 No. 6 Aliran Monthly, 13-17. 52. —, â€Å"Freer Media Under PM Abdullah?†, Aliran Online 3 Sept. 2006 53. Zaharom Naim, Mustafa K Anuar, â€Å"Ownership and Control of the Malaysia Media†, World Association for Christian Communication, homepage, 10 Sept. 2006 54. Zalina Abdul Halim, â€Å"Media Law†, 2000 Survey of Malaysian Law, 411-439. 55. —, â€Å"The media System and Co-operative Regulatory Systems in the Media Sector of Malaysia†, Hans-Bredow-Institut, 2 Sept. 20 06

Thursday, November 7, 2019

The Power of Awe 5 Proven Benefits to Experiencing Awe in Your Life

The Power of Awe 5 Proven Benefits to Experiencing Awe in Your Life One of the themes at my leadership retreat last week was the power of awe. From the moment we arrived at the campus in Wisconsin, we were called upon to seek out awe-inspiring experiences. The first day, I saw a dragonfly caught in a spider’s web. I heard frogs that sounded like an orchestra. I saw fireflies that looked like sparklers. All of these were moments of awe. During one classroom section out on the grass, a green bug landed on me and I spent many minutes watching its movements. I was fascinated by how it shifted from side to side, bending its legs as it leaned to the left, then straightening and bending them again as it leaned to the right. Why would a bug do such a thing? I was captivated. Every time the bug jumped off my leg I would catch it again so I could watch its do this dance. In each of these moments, time stood still. I felt like I could sit there forever focusing on this one thing – a green bug, a sunset, a frog chorus. I was happy to be alive, for the simple fact that life occurred to me as captivating and miraculous. What I learned over the week is that scientific research supports my experience of awe. Specifically there are four documented effects of awe that make me want to pursue it more often! 5 Major Benefits of Awe We become more generous and caring after experiencing awe! In a study directed by Paul Piff, half the participants were directed to look at the side of a building, and the other half were directed to look at a grove of towering eucalyptus trees. After they looked at the scene, a researcher walked by the participants and dropped a box of pens by â€Å"accident.† The ones who had looked at the trees picked up more of the pens, exhibiting much more ethical and social behavior than the ones who looked at a building. Imagine the world we would live in if more people experienced awe on a regular basis! Awe inspires creativity. When a group of children looked at a series of photos, one beginning with objects like a pencil, and progressing to vast things like the Milky Way, they were more creative than another group starting with vast things and moving to more everyday things. This 2012 study from Tel Aviv University encourages me to look at an awe-inspiring video or photo before attempting any creative pursuit! Awe produces health benefits. A January 2015 study in the journal Emotion found that awe, especially when induced by a deep connection to art, nature, or spirituality, lowers cytokines in the body. Lower cytokines means less risk of heart disease, type-2 diabetes, and depression. Furthermore, if awe is inspired by a physical experience in nature, we get more vitamin D and also benefits related to exercise. Awe expands our sense of time. Researchers at Stanford and the University of Minnesota found that when people experience awe, they report that they have more time available and are less impatient. Awe brings people into the present moment- and the sense of having more time can lead to better sleep, less stress, less engaging in addictions, more motivation to acquire new knowledge, more willingness to volunteer, and overall, more life satisfaction. Awe gives you a better sense of well-being. Awe-inspiring experiences such as looking at a natural wonder, listening to a beautiful symphony, or even looking into another person’s eyes, can make us feel a connection with something greater. This experience is an emotion â€Å"in the upper reaches of pleasure and on the boundary of fear† as described by psychologists Dacher Keltner of UC Berkeley and Jonathan Haidt of New York University. Who wouldn’t want that? When was the last time you experienced awe? Are there awe-inspiring opportunities passing you by on a daily basis? I challenge you this week to have 10 awe-inspiring moments every day. I’d love to hear the difference it makes in your life!

Tuesday, November 5, 2019

Functions with the T-Distribution in Excel

Functions with the T-Distribution in Excel Microsoft’s Excel is useful in performing basic calculations in statistics. Sometimes it is helpful to know all of the functions that are available to work with a particular topic. Here we will consider the functions in Excel that are related to the Student’s t-distribution. In addition to doing direct calculations with the t-distribution, Excel can also calculate confidence intervals and perform hypothesis tests. Functions Concerning the T-Distribution There are several functions in Excel that work directly with the t-distribution. Given a value along the t-distribution, the following functions all return the proportion of the distribution that is in the specified tail. A proportion in the tail can also be interpreted as a probability. These tail probabilities can be used for p-values in hypothesis tests. The T.DIST function returns the left tail of Student’s t-distribution. This function can also be used to obtain the y-value for any point along the density curve.The T.DIST.RT function returns the right tail of Student’s t-distribution.The T.DIST.2T function returns both tails of Student’s t-distribution. These functions all have similar arguments. These arguments are, in order: The value x, which denotes where along the x axis we are along the distributionThe number of degrees of freedom.The T.DIST function has a third argument , which allows us to choose between a cumulative distribution (by entering a 1) or not (by entering a 0). If we enter a 1, then this function will return a p-value. If we enter a 0 then this function will return the y-value of the density curve for the given x. Inverse Functions All of the functions T.DIST, T.DIST.RT and T.DIST.2T share a common property. We see how all of these functions start with a value along the t-distribution and then return a proportion. There are occasions when we would like to reverse this process. We start with a proportion and wish to know the value of t that corresponds to this proportion. In this case we use the appropriate inverse function in Excel. The function T.INV returns the left tailed inverse of Student’s T-distribution.The function T.INV.2T returns the two tailed inverse of Student’s T-distribution. There are two arguments for each of these functions. The first is the probability or proportion of the distribution. The second is the number of degrees of freedom for the particular distribution that we are curious about. Example of T.INV We will see an example of both the T.INV and the T.INV.2T functions. Suppose we are working with a t-distribution with 12 degrees of freedom. If we want to know the point along the distribution that accounts for 10% of the area under the curve to the left of this point, then we enter T.INV(0.1,12) into an empty cell. Excel returns the value -1.356. If instead we use the T.INV.2T function, we see that entering T.INV.2T(0.1,12) will return the value 1.782. This means that 10% of the area under the graph of the distribution function is to the left of -1.782 and to the right of 1.782. In general, by the symmetry of the t-distribution, for a probability P and degrees of freedom d we have T.INV.2T(P, d) ABS(T.INV(P/2,d), where ABS is the absolute value function in Excel. Confidence Intervals One of the topics on inferential statistics involves estimation of a population parameter. This estimate takes the form of a confidence interval. For example the estimate of a population mean is a sample mean. The estimate also possesses a margin of error, which Excel will calculate. For this margin of error we must use the CONFIDENCE.T function. Excel’s documentation says that the function CONFIDENCE.T is said to return the confidence interval using Student’s t-distribution. This function does return the margin of error. The arguments for this function are, in the order that they must be entered: Alpha – this is the level of significance. Alpha is also 1 – C, where C denotes the confidence level. For example, if we want 95% confidence, then we must enter 0.05 for alpha.Standard deviation – this is the sample standard deviation from our data set.Sample size. The formula that Excel uses for this calculation is: M t*s/ √n Here M is for margin, t* is the critical value that corresponds to the level of confidence, s is the sample standard deviation and n is the sample size. Example of Confidence Interval Suppose that we have a simple random sample of 16 cookies and we weigh them. We find that their mean weight is 3 grams with a standard deviation of 0.25 grams. What is a 90% confidence interval for the mean weight of all cookies of this brand? Here we simply type the following into an empty cell: CONFIDENCE.T(0.1,0.25,16) Excel returns 0.109565647. This is the margin of error. We subtract and also add this to our sample mean, and so our confidence interval is 2.89 grams to 3.11 grams. Tests of Significance Excel will also perform hypothesis tests that are related to the t-distribution. The function T.TEST returns the p-value for several different tests of significance. The arguments for the T.TEST function are: Array 1, which gives the first   set of sample data.Array 2, which gives the second set of sample dataTails, in which we can enter either 1 or 2.Type - 1 denotes a paired t-test, 2 a two-sample test with the same population variance, and 3 a two-sample test with different population variances.

Sunday, November 3, 2019

External Financing Essay Assignment Example | Topics and Well Written Essays - 1250 words

External Financing Essay - Assignment Example Several factors such as weighted average cost of capital (WACC) and agency costs should be considered in choosing an external funding source. The weighted average cost of capital is the minimum rate that a company is supposed to earn from the existing asset base in order to satisfy the owners, creditors and other capital providers. Agency costs restrict the leverage of a firm. Taking financial risks leads to higher leverage. This also increases the agency cost of debt and leads to lower debt capacity. Leverage helps to reduce the loss in terms of firm value. Therefore debt becomes advantageous especially in firms that have few opportunities of growth or high percentage of assets in place (Trigeorgis, 1995).This report explores the advantages and disadvantages of some of the major external financing options that Acme can employ. Equity The company can raise funds through issuing shares. They can either be common or preferred shares. Owners of common stock are partial owners of the com pany. They have the right to share company profits or dividends and vote at the company’s general meetings. Dividends paid to shareholders vary depending on the profits that the company is making. They also have preemptive rights to maintain the ownership of the company when gives another stock offering. However, common stock shareholders are the last to receive dividends after all the preferred stock shareholders. Owners of preferred stock also own the company partially but do not have any voting rights. Preferred stock pays fixed dividends. Preferred stock shareholders are the first to receive dividends and incase the company goes bankrupt, they will be paid before the common stock shareholders. Stock shares are advantageous because they are a permanent source of funding for the company and share capital cannot be redeemed. The disadvantage of this external financing method is that the ownership of the company is shared with the shareholders and they might make decisions th at might negatively affect the progress of the company (Davidson, 2002). Hire purchase Acme can also get external funding through hire purchase. The organization can acquire assets without investing the full amount in buying them. This agreement allows the company to use an asset for a certain period of time before it can fully purchase them. The firm is able to acquire an asset quickly without paying the full price and after the specified period of time, the company can either return it or purchase it a reduced price. This method is advantageous since the company can pay for the equipment through manageable installments from funds generated by the equipment. The disadvantage is that the total amount of installments exceeds the original cost of the equipment (Giovanelli, 1998). Bonds The company can also get external funding through issuing of bonds. The company offers loans in the form of debt securities. This method does not require companies to give up partial ownership of the co mpany. Bonds have either fixed interest rates or floating rates. More leveraged companies obtain more funding through bonds relative to stocks. This external funding method has several advantages. Issuing bonds is a cheaper method than bank overdrafts or equities since the interest from the debt is tax-deductable while equity dividends are paid out of taxed company’s profits. This strategy also helps companies to monitor their financial stability.