The Importance of Analysis and Analytical Skills to the Manager Making Essay

The Importance of Analysis and Analytical Skills to the Manager Making Decisions in Business - Essay Example Specifically, the study evaluates the structured analytical approach to problems solving and discusses the concept of decision making. This is then followed by a critical analysis of three types of management decision making methods; project plan, financial modeling and diagrammatic representation. These methods are then discussed together in relation to management, before arriving at a conclusion on the study. Structured Analytical Approach to Problem Solving Management in the business world often presents with complex problems that call on managers to develop better approaches to problem solutions. Bonem (2011, p. 1-2) discusses the need for the structured analytical approach to solving problems, explaining that the aging and retiring of the baby boomer (or elderly) generation of workers takes away the invaluable experience needed in decision making. Thus, the author argues that the present managerial aspects of businesses need to adopt a structured analytical approach that will co unter the complexity of organisational problems and the lack of experiential knowledge. The structured analytical approach involves a cyclical multi-stage approach to decision making. Proctor (2010, p. 273) argues that the structured approach involves a number of discernible activities at each stage in the cycle; objective finding, fact finding, idea finding, problem finding, solution finding and acceptance finding. Cooke and Slack (1991) provide for a decentralised approach to executing the cyclic stages. This involves one or more individuals executing the component tasks of decision analysis which include administration, evaluation and implementation. The tow scholars present a normative cyclic approach consisting of 8 stages that involve recognition of the problem, objective setting, understanding the problem, determination of the options available, evaluation of the options established, selecting the most appropriate and effective option, implementation of the solution and monit oring. The structured analytical approach to problem solving as discussed above is a formidable approach to a business context as it addresses the root causes of the problem, identifies and assesses all possible strategic options and settles on the best. It also provides for monitoring, and the cyclic nature allows for awareness and readiness to face organisational problems and challenges which helps to avoid impetuous decision making. However, the approach is idealistic and requires being adapted to the specific context of the business environment (Cooke and Slack 1991). Thus, a manager should manipulate/customise it to suit the specificity in the environment and problem. The Concept of Managerial Decision Making Wang (2010, pp. 28-33) states that decision making is the process of choosing the best alternative to achieve goals in light of finite resources. The author argues that the concept of decision making cannot be divorced from resource allocation and the process of execution as these are dependent on sound decisions for success. Decision making is closely interrelated with problem solving, which Reza and Fahimi (2003, p. 2) define as the process of identifying and filling gaps on a desired and an actual organisational state. The authors relate decision making and structured problem solving, explaining that decision mak

The Health and Safety at work Act 1974 Essay Example for Free

The Health and Safety at work Act 1974 Essay All workers have a right to work in places where risks to their health and safety are properly controlled. Health and safety is about stopping you getting hurt at work or ill through work. Your employer is responsible for health and safety, but you must help. What employers must do for you. Decide what could harm you in your job and the precautions to stop it. This is part of risk assessment in any way you can understand, explain how risks will be controlled and tell you who is responsible Consult and work with you and you health and safety representative in protecting everyone from harm and in the workplace Give you the health and safety training you need to do your job free charge. Free of charge, provide you with any equipment and protective clothing you need, and ensure it is properly looked after Provide toilets, washing facilities and drinking water Provide adequate first-aid facilities.

Sense of Self: Schizophrenia and I Essay -- Biology Essays Research Pa

Sense of Self: Schizophrenia and I In 1911, a Swiss psychiatrist named Eugen Bleuler coined the term "schizophrenia." It originated from the Greek words, schizo, which translates to "split" and phrenia, meaning "mind." When Bleuler conveyed the meaning of this term, it was not to label a person as a "split personality," but rather as a split between what is believed, what is perceived, and what is objectively real (1). Throughout history, the disorder has been confused and misunderstood by the general public. The idea of "split" has led people to equate schizophrenia with multiple personality disorder which is a psychiatric condition that is different and much less common. Bleuler did not want to label schizophrenia as the disorder where a person is split into two personalities; instead he wanted to explain that in schizophrenia, there is a splitting away of the personality from reality. Schizophrenia is a disorder that affects about 1 in 100 people at different stages in their lives and is very difficult to diagnose. It has many symptoms that typically begin to appear around age 18-30 (2). Signs of Schizophrenia can be misread and sometimes overlooked due to the amount of other disorders that share many of the symptoms. Autism is one example. Symptoms can be classified into "negative" and "positive." Negative symptoms could be seen as those that are absent but should be present. Examples of negative symptoms include lack of motivation or apathy, blunted feelings, depression, and social withdrawal (1). Positive symptoms are those that should be present but are absent. Some examples of positive symptoms are hallucinations, delusions, thought disorder, and an altered sense of self (1). It is thought that hallucinations are the... ...eflects their "character" and stands for the thing that makes a person "complete" and "separate," then does that mean that a person feels that who they are has changed when they have this disorder? This question leads to the way that this disorder alters one's "sense of self," by making the individual and those who are close to him or her question the one thing that makes each person unique, their self. WWW Sources and Other Sources 1)Schizophrenia http://www.mentalhealth.com/book/p40-sc01.html#Head_4 2)Schizophrenia http://www.bixler.com/ 3)Flexner, Stuart Berg. The Random House Dictionary: Concise Edition. New York: Random House, 1980. 4)Schizophrenia http://www.mentalhealth.com/mag1/p5h-sc05.html 5) C-Sections Urged for Schizophrenia -prone Mothers http://www.mentalhealth.com/mag1/p51-sc03.html 6)Schizophrenia http://www.bixler.com/

womenhod Women in Darkness in Joseph Conrads Heart of Darkness :: Heart Darkness essays

Women in Heart of Darkness  Ã‚   Women seem to be categorized into a separate group, serving as supplements to men’s actions, characters and behavior. All of them seem to live in the realm of their own, built on the idealistic conception of the surrounding world, governed by fair rules and laws. The two women Marlow encounters in the Company’s office knit black wool – they represent the Fates who guard the â€Å"door of Darkness† (Hell and Destruction) and to the â€Å"house in a city of dead†. The black colour may be associated with the Natives on whose destruction and exploitation the Company was based. Black is also equivalent to the Darkness into which Marlow descends (sin and death). The wool may signify the thread of life. Their appearance is foreshadowed by the two black hens which ‘decided’ about Fresleven’s doom. Marlow’s aunt is depicted with an underlying irony (â€Å"a dear enthusiastic soul†) which points to an illusive existence of a white woman in her civilised imagined world. She was â€Å"ready to do anything† for Marlow in the name of a â€Å"noble cause†, that is, colonising the Blacks and implementing civilisation in the Darkness of Congo. She firmly believes her nephew to be the â€Å"emissary of light†, overlooking the dark level of exploiting the Natives for financial benefits (ivory). The painting of a woman who is â€Å"blindfolded, carrying a lighted torch† which Marlow admires signifies initial intentions of Kurtz and his beliefs before he was swallowed by the tempting Darkness. He was to have been an emissary of light but remained blindfolded and did not see the consequences leading him to his self-destruction. The painting indicates the original, good nature of Kurtz, lost in the dark of the Congo. The native woman represents the whole Black community and the beauty of the wilderness, both of which were invaded by the ‘civilised’ whites. She is the passionate reality, being â€Å"savage and superb, wild-eyed and magnificent†, reminding the whites of the Black heritage and their own culture (jewellery). The gesture of throwing her arms into the sky may symbolise a dumb outcry to God to restore the original Time when the land was not raided and there was peace and freedom (â€Å"wild sorrow...dumb pain†). The lack of words which remain unsaid, only reiterates her appearance and the message sent by her behaviour. Kurtz’s fiancee becomes contrasted with the native woman – the Intended, as signified by the name, will remain the Intended, living with an idealistic image of her husband-to-be whom she unquestionably believed to be of impeccable character and behaviour.

Drama Essay: A Review of “Spring Awakening” Essay

I will be reviewing the play titled, â€Å"Spring Awakening† by Fred Wedekind. This play was produced by The Department of Performing Arts and Humanities of the School of Liberal Arts at and directed by Robert W. Oppel. I saw the play on March 20th Q Building Theatre. The play was excellent and exceeded all expectations due to the professional way the story was presented. â€Å"Spring Awakening† is a musical concerning teenagers who explore their individual sexuality while living in an oppressive culture. The setting takes place in a religious, rural town in Germany during the late 19th century. It contains issues of sexuality, religion, and education, but also exposes the barriers between adults and children. Parents are supposedly religious; however, they mistreat their children. In addition, they make puberty more confusing by forbidding their children to ask questions about their sexuality or discuss sex in general. Other topics included shame, gender, and authorities. The play also shows the consequences for rebelling against what society considers moral and acceptable. There are three main actors playing principle roles. Sinead Fahey, a newcomer to the Theatre at CCBC, played the part of Wendla. Her overall performance was terrific. She sang beautifully, moved gracefully, and gave a strong performance throughout the play. Sinead was well cast and believable in her role. James Baxter, who played the part of Melchior, is a returning performer at CCBC. James played his part well, but seemed slightly reserved in his character. It appeared he was not quite as passionate as he could have been. However, he moved and sang well and still delivered a solid performance. James was fairly well cast and somewhat believable in his role. The character Moritz was played by Christopher H. Zargarbashi. He graduated from Towson University with a degree in acting. Christopher’s performance was excellent and thoroughly entertaining to watch. Christopher was accurate in the way he conveyed Moritz’s intense and nervous personality. He was well cast and extre mely believable while playing his part. The play contains an edgy, noteworthy innovation. Mixing the late 19th century era with modern day features appears fresh and original. For instance, when the performers speak in the play, they are in character during the late 19th century, yet become modern day singers during the musical numbers. Additionally, all the characters in the play dress in the appropriate 19th century attire, whereas the ensemble dresses in modern day clothing. Furthermore, the proper diction is a contrast to the music which exhibits profanity and modern day themes. It is a unique and creative way to express the story. Robert W. Oppel, did an adequate job of directing the play. This is evident in the way that the performers methodically, yet naturally move. For example, when the characters touch or interact physically, it is not done in an awkward style, but gradual and relaxed. Even when they remove their microphones from their clothing, it is executed in a natural manner. There are many times when the characters remain perfectly still and do not move at all during a scene. It was an amazing and genuine display of talent. Certainly, the theme of â€Å"Spring Awakening† could be relevant to anyone. Oppression and topics such as child abuse, rape, suicide, abortion, and homo-sexuality will always exist. Hence, the play evokes the audience’s empathy by depicting these personal struggles among the youth living in the 19th century. In essence, I definitely enjoyed the play and was thrilled with the overall experience of live theater. I was skeptical at first about whether I would like the story, but was pleasantly surprised and blown away by what I saw. I would highly recommend this play to others, especially young adults and adults who are looking for a mature storyline. I would most certainly say I gained a respect for live theater. I give credit to everyone involved, especially the actors and actresses. They have only one chance to get it right and hold the courage to perform in front of a live audience.

Free Essays on Sexuality In Advertisements

Sexuality in Advertisements Sexuality is all of the sexual attitudes, feelings, and behaviors associated with being human. What are â€Å"cultural† and â€Å"sexual† scripts? When I looked in the dictionary, I kind of figured the meaning wasn’t the literal definition of script that I found. I personally think that â€Å"cultural† scripts are how different cultures around the world are expected to act, and dress. â€Å"Sexual† scripts on the other hand are the way that men and women are expected to act in general. In many countries both â€Å"cultural† and â€Å"sexual† scripts are utilized. For instance, in Iraq women are expected to dress in clothing that does not show off their skin in any way, and it is considered a sign of respect. The men are considered the â€Å"leaders† of their household. That is how it has been for centuries, so therefore that would be considered their culture. â€Å"Sexual† scripts are also found in many civilizations. Men are portrayed as masculine, leaders, or lazy. Women are considered to be the weaker sex and are supposed to be submissive, the homemaker, and the mother. As I was looking through magazines, I noticed how girls/women are shown in advertisements. There are mostly two ways that women are shown in the commercials, and magazine ads. One way is the woman being very seductive, sexy, and sometimes-even skanky, meaning that they have a certain look on their face, or they are showing the several inches of skin. For example, there was one advertisement in Glamour magazine from Foley’s department store. The picture had a naked woman looking into a mirror with only a gold necklace on. The slogan stated, â€Å"You’re not fully dressed without beautiful gold jewelry† (Glamour Magazine). Now, personally, I think they could have done some other type of picture to get that particular point across. That statement also implies that women are vein and have to have material things to feel beautiful, or... Free Essays on Sexuality In Advertisements Free Essays on Sexuality In Advertisements Sexuality in Advertisements Sexuality is all of the sexual attitudes, feelings, and behaviors associated with being human. What are â€Å"cultural† and â€Å"sexual† scripts? When I looked in the dictionary, I kind of figured the meaning wasn’t the literal definition of script that I found. I personally think that â€Å"cultural† scripts are how different cultures around the world are expected to act, and dress. â€Å"Sexual† scripts on the other hand are the way that men and women are expected to act in general. In many countries both â€Å"cultural† and â€Å"sexual† scripts are utilized. For instance, in Iraq women are expected to dress in clothing that does not show off their skin in any way, and it is considered a sign of respect. The men are considered the â€Å"leaders† of their household. That is how it has been for centuries, so therefore that would be considered their culture. â€Å"Sexual† scripts are also found in many civilizations. Men are portrayed as masculine, leaders, or lazy. Women are considered to be the weaker sex and are supposed to be submissive, the homemaker, and the mother. As I was looking through magazines, I noticed how girls/women are shown in advertisements. There are mostly two ways that women are shown in the commercials, and magazine ads. One way is the woman being very seductive, sexy, and sometimes-even skanky, meaning that they have a certain look on their face, or they are showing the several inches of skin. For example, there was one advertisement in Glamour magazine from Foley’s department store. The picture had a naked woman looking into a mirror with only a gold necklace on. The slogan stated, â€Å"You’re not fully dressed without beautiful gold jewelry† (Glamour Magazine). Now, personally, I think they could have done some other type of picture to get that particular point across. That statement also implies that women are vein and have to have material things to feel beautiful, or...

Nelly McClung essays

Nelly McClung essays "She was spirited, she was amazing, she was effective," a few commonly used words to describe Nellie McClung. She was a petit, pretty westerner with strong Christian values and a heart of gold. Nellie spent most of her life as a wife, mother, midwife, teacher, lecturer, legislator and writer. Throughout her long, diverse career she was a potent influence on Canadian society. From a young age Nellie was advanced far beyond her years. She read every book she could get a hold of, knew women should be treated as equals, and that she was against liquor. Nellie knew women deserved more rights and that someday she would devote her life to enforce those rights through activism and literature. "Women are going to form a chain, a greater sisterhood than the world has ever known." While maintaining the role of a mother and writer Nellie was a strong and influential temperance worker and suffragist. Nellie had a devotion to the significance of family life. As a teen Nellie was taught that a woman couldn't be a mother and a wife and have a career, and she chose a career. "A woman had to decide early between ambition and family life: there was not so much as a hint that one might hope for both." While teaching she boarded in with a Pastor and his Family and that is where she met Wes McClung. From the moment she met him she knew he would be her husband. After dating for a while the two got married in 1896. She said it was the best choice she had made. At that point she gave up teaching and learned how to cook and be a wife since a lady wasn't allowed to be married and a teacher back then. By 1901 Nellie had three kids and motherhood suited her well. Nellie was the typical mother. She spent her days cleaning, baking, taking care of her children and entertaining her neighbours, but that wasn't enough for Nellie. I guess I felt like a lot of young mothers, that all children of the world were now my children...I wanted to do som...

The Romantic Era Essays

The Romantic Era Essays The Romantic Era Essay The Romantic Era Essay Everyone in this society has his or her own definition of the word â€Å"romantic. † The word gives off the notion of â€Å"sentiment and sentimentality, a visionary or idealistic lack of reality. It connotes fantasy and fiction. It has been associated with different times and with distant places: the island of Bali, the world of the Arabian Nights, the age of the troubadours and even Manhattan. †(Kreis) Romanticism is used all over the world as it relates to many different things. From advertisements in stores to billboards all over the country there is some sort of display of romanticism in everything. Advertisements that show jewelry stores, make up, and even things as simple as brands of gum are some examples of where romanticism is used in everyday life. â€Å"The Romantic era was a time of great change and emancipation. While the Classical era had strict laws of balance and restraint, the Romantic era moved away from that by allowing artistic freedom, experimentation, and creativity. The music of this time period was very expressive, and melody became the dominant feature. Composers even used this expressive means to display nationalism. This became a driving force in the late Romantic period, as composers used elements of folk music to express their cultural identity. †(library. thinkquest. org) Throughout history there has been disputes about the real meaning of what romantic really means. Does it have full meaning when someone says â€Å"a romantic, candle lit dinner†? or if someone says that watching the sunset was â€Å"a romantic setting†? No one really knows the actual meaning of the word. But literary historians and critics as well as European historians have been quarreling over the meaning of the word Romanticism for decades, as Lovejoys comment above makes abundantly clear. One of the problems is that the Romantics were liberals and conservatives, revolutionaries and reactionaries. Some were preoccupied with God, others were atheistic to the core. Some began their lives as devout Catholics, lived as ardent revolutionaries and died as staunch conservatives. †(Kreis) â€Å"The expression Romantic gained currency during its own time, roughly 1780-1850. However, even within its own period of existence, few Romantics would have agreed on a general meaning. Perhaps this tells us something. To speak of a Romantic era is to identify a period in which certain ideas and attitudes arose, gained currency and in most areas of intellectual endeavor, became dominant. That is, they became the dominant mode of expression. Which tells us something else about the Romantics: expression was perhaps everything to them expression in art, music, poetry, drama, literature and philosophy. Just the same, older ideas did not simply wither away. (Kreis) Once the Romantic era took place people started to develop their own ideas about different things such as human nature and even religious ideas were formed. â€Å"The philosophes were too objective they chose to see human nature as something uniform. The philosophes had also attacked the Church because it blocked human reason. The Romantics attacked the Enlightenment because it blocked the free play of th e emotions and creativity. The philosophe had turned man into a soulless, thinking machine a robot. †(Kreis)

Business Ethics - Rights and Obligations (U3DB) Essay

Business Ethics - Rights and Obligations (U3DB) - Essay Example The employer needs to protect his company – the business, and the whole workforce contributing to the life of the company. It is a prerogative of a job applicant to apply in any job because he is the one searching. If he wants to apply to a company, he must be ready to comply with its rules and regulations. The employer evaluates the credentials of an applicant to assess his abilities and skills if he fits to the job description he is applying for. If he gets hired, then the applicant will have to comply with the rules and regulations of the company. The use of drugs means there is a medical condition to cure or needs drug maintenance in order for the user to be productive in spite of the medical condition. The employer claims the right to know about his employee’s use of drugs, not for his personal agendas, but for the company’s welfare to assure that every worker works faithfully and accordingly. This is consistent to the moral philosophy based on consequences given that the employer knows his employee’s condition, he can find a way to support his employee by giving him medical benefits, and even adjust his work schedule that is best for both the company and the employee. Lest the employee conceals his medical condition and its effects affecting his mobility to the point of delaying business transactions, his employer will not hesitate to fire him for being a liability to the company. In conclusion, the philosophy based on consequences is therefore consistent to the statement â€Å"Drug use is information that is rightfully private and only in exceptional cases can an employer claim a right to know about such use.† The employer will base his decisions, either to give or refuse special employee benefits, according to work performance. An employee will not be given consideration despite of his condition if his employer does not have any knowledge of

Marketing Image differentiation competitive advantage Essay

Marketing Image differentiation competitive advantage - Essay Example It should be noted that in this type of differentiation strategy, the product is not tangibly different from its competitors. The marketer's primary function, then, is the addition of intangible features which would enhance the image and position of the product in the market. Tangible differentiation is much more apparent and easily identified than intangible ones. In case of toothbrushes, Colgate and Oral B are tangibly different. Oral B toothbrushes are distinctive because of the red dye in the center bristles which fades and tells customers when they need a new toothbrush. On the other hand, Colgate offers its revolutionary toothbrush that focuses on overall hygiene with its tongue cleaner. Intangible differentiation can best seen in the laptop market. It should be noted that some notebooks offered by Hewlett-Packard and Apple Computers are the same in terms of memory, connectivity, battery life, etc. However, customers are willing to pay a premium for a Mac because it is marketed as an upscale product while HP is for the mass market. The price of the notebooks together with their images in the market succeeds in creating intangible differences for the product. Extreme examples of the two products which are tangibly the same but are differentiated in the market

Nursing Care and Rationale Essay Example | Topics and Well Written Essays - 1750 words

Nursing Care and Rationale - Essay Example As the discussion declares ischemia has four different stokes. In ischemia, blood fails to reach some parts of the brain. In hemorrhagic, bleeding or hemorrhage occurs into the brain or in the fluid near the brain. As explained by Dawes, et at. in brain ischemia, the flow of blood to some part of the brain stops, thus denying cells in this area adequate oxygen and energy they require. This results in the failure of neurons, which dies when blood flow is not restored soon enough. The brain damage resulting from the deprivation of blood to brain is referred to as ischemic stoke, while the area damaged is known as a brain infarct. Brain ischemia normally develops suddenly, and in many cases it occurs in the morning. Ischemia symptoms varies depending on the part of the brain that affected by not receiving blood. At times, an individual will suffer from vision loss either in both eyes or in one eye. A person could as well feel weakness or reduced senses in the leg, hard, arm and face on one side or on both sides, or the person could have difficulties in walking. Other symptoms include dementia, amnesias, and difficulties in speaking, reading or writing. These symptoms can as well differ in severity and duration. Mrs. Hive, who has an ischemic stroke, will have to undergo through three types of therapy that aim at restoring her normal heath conditions. The first one is physical therapy that has a great concern on regaining gross motor deficits.

Strategies for improving women's political participation Term Paper

Strategies for improving women's political participation - Term Paper Example This paper tries to enlist some strategies for improving political participation of women. Strategies: In order to develop a sustainable democracy in the country, it is very important to have equal role and participation of women in politics and in government. Women occupy fifty percent of the world population but still they are under-represented as voters, political leaders or elected officials. There cannot be democracy in the country if half of the population remains unrecognized in the field of politics. Every nation should take adequate steps to help women so that they can acquire their due respect and importance and should have the tools necessary to participate successfully in all aspects of the political process. (Han, pp. 15-20; Paxton and Hughes, p.23-35) For women to participate in politics in a full fledged way, there should be wide ranging programs which must be creative and strongly focused in both type of challenging environments where democracy is just beginning to fl ourish and in more established democracies where women are engaged in legislatures, political parties and civil society as leaders, activists and informed citizens. These programs create an environment where women has built in confidence and can advocate on matters of policy, run for political office, can get elected, govern effectively, and participate meaningfully in every facet of civic and political life. Various innovative programs have helped to strengthen the political skills of women, emphasize on how women are impacted by public policy, and improve the perception of women in political life. The government should also commit in delivering democracy in all kinds of challenging environments. (Paxton, p.1) A government should focus on its high-level political relationships in order to encourage leaders to understand and actively promote the benefits of gender-balanced politics. It is necessary for any government of a country to have a prospect on training women and focus on the inclusion of a gender perspective in every NDI program. This dual approach can strengthen its ability to build women’s skills and organize women across ethnic and political lines, as well as create the opportunity for women from diverse backgrounds to converge around shared goals to solve problems in ways that contribute to the development and well-being of their societies. (Burrell pp. 12-15) A country should use a broad spectrum of inventive and inclusive strategies and techniques, in order to reach the widest range of women leaders and activists, which are uniquely adapted to best fit the local cultural and political contexts of the communities in which we work. Quotas can also be introduced in order to ensure that women acquire a minimum share of seats in the legislature. The rules that establish quotas in political parties and government institutions aim to assist women to overcome the barrier of under-representation in these areas of decision-making. (Burrell pp. 12-15 ) In order to be compelling and competent, affirmative action programs should be adopted and the establishment of quotas has to be accompanied by definite timetables with clear targets. India was an example cited by several participants who observed that the target of reaching 33% of seats to be reserved for women at the district level, which is also called as the Panchayati Raj, has been

Federal Program Essay Example | Topics and Well Written Essays - 1000 words

Federal Program - Essay Example In the later years it was additionally expanded with other considerations. For instance, in 1972, it was expanded with the Clean Water act, the safe Drinking water Act in 1974, the Toxic substances control Act in 1976, and the Resource conservation and recovery act in 1976. The main effort was to make an improvement on the environmental protection. However, it also led to the creation of a number of materials. These included the Materials transportation board in 1975. This board currently forms a major part of the research and special programs administration in the DOT. The other creation was the Office of surface mining Reclamation and enforcement that was established in 1977 within the department of the interior. Since the inception of the Environmental protection agency, a particular meaning has been attached to the influence of nature. This means that the nation has been able to celebrate clean air, land, and water (OIRAOMB, 2015). The House of Representatives Subcommittee that is responsible for the oversight of the Environmental Protection agency is the subcommittee on the water resources and the environment. This has been based on the need to oversee the general matters of the issues that are related to the development of water resources, conservation and management, the control of water pollution and water related infrastructure, as well as the cleanup of any hazardous wastes. There are other subcommittees in the senate that have the oversight responsibility of environmental protection. They include the Agriculture, nutrition and forestry that are charged with the mandate to conserve forestry and natural resources. The commerce science and transportation subcommittee is charged with overseeing the ocean atmosphere, fisheries and forest guard. In addition, the energy and natural resources subcommittee deals with the regulation of energy, public lands, forests, water and power (Gibbs, 2015). Since the inception of the environmental protection agency or

Strategies for improving women's political participation Term Paper

Strategies for improving women's political participation - Term Paper Example This paper tries to enlist some strategies for improving political participation of women. Strategies: In order to develop a sustainable democracy in the country, it is very important to have equal role and participation of women in politics and in government. Women occupy fifty percent of the world population but still they are under-represented as voters, political leaders or elected officials. There cannot be democracy in the country if half of the population remains unrecognized in the field of politics. Every nation should take adequate steps to help women so that they can acquire their due respect and importance and should have the tools necessary to participate successfully in all aspects of the political process. (Han, pp. 15-20; Paxton and Hughes, p.23-35) For women to participate in politics in a full fledged way, there should be wide ranging programs which must be creative and strongly focused in both type of challenging environments where democracy is just beginning to fl ourish and in more established democracies where women are engaged in legislatures, political parties and civil society as leaders, activists and informed citizens. These programs create an environment where women has built in confidence and can advocate on matters of policy, run for political office, can get elected, govern effectively, and participate meaningfully in every facet of civic and political life. Various innovative programs have helped to strengthen the political skills of women, emphasize on how women are impacted by public policy, and improve the perception of women in political life. The government should also commit in delivering democracy in all kinds of challenging environments. (Paxton, p.1) A government should focus on its high-level political relationships in order to encourage leaders to understand and actively promote the benefits of gender-balanced politics. It is necessary for any government of a country to have a prospect on training women and focus on the inclusion of a gender perspective in every NDI program. This dual approach can strengthen its ability to build women’s skills and organize women across ethnic and political lines, as well as create the opportunity for women from diverse backgrounds to converge around shared goals to solve problems in ways that contribute to the development and well-being of their societies. (Burrell pp. 12-15) A country should use a broad spectrum of inventive and inclusive strategies and techniques, in order to reach the widest range of women leaders and activists, which are uniquely adapted to best fit the local cultural and political contexts of the communities in which we work. Quotas can also be introduced in order to ensure that women acquire a minimum share of seats in the legislature. The rules that establish quotas in political parties and government institutions aim to assist women to overcome the barrier of under-representation in these areas of decision-making. (Burrell pp. 12-15 ) In order to be compelling and competent, affirmative action programs should be adopted and the establishment of quotas has to be accompanied by definite timetables with clear targets. India was an example cited by several participants who observed that the target of reaching 33% of seats to be reserved for women at the district level, which is also called as the Panchayati Raj, has been

A Man Made Marvel of the Twentieth Century Essay

A Man Made Marvel of the Twentieth Century - Essay Example Protocols most common in use are the internet protocol (IP) or the transmission control protocol(TCP).Modern day protocols can work in all wired and wireless networks. Earlier networking meant Ethernet cable connection using physical wires, which was seen everywhere in the school, offices and homes. However nowadays wireless technology has taken precedence and has become hugely popular. Wireless technologies operate by using infra red signals, or radio waves or microwaves for their transmission and connectivity. This is far more advantageous as it offers mobility without the cumbersome wires. Wireless LANS use spread spectrum and high frequency radio technology system for their wireless transmission within a limited area of use and this radio technology match up to the Wi-Fi standards of 802.11b. Another popular wireless network protocol is the ‘bluetooth’ used for data exchange within a distance of 100 metres. Other wireless web includes PDAs and cell phones that offer connection at all places and all times. In Terrestrial microwaves, another wireless network, transmission occurs through low gigahertz range and uses terrestrial or earth based devices for transmission and reception. Here antennas are required for network which are placed atop buildings and hills. Communicating satellites which are parked in space, transmit voice signals and other data by using microwave waves as these don’t get deviated by the earth’s atmospheric intervention. Wired technologies are varied and many are still in use and quite popular too.

Comparison Of Hobbes’ And Locke’s Political Philosophies Essay Example for Free

Comparison Of Hobbes’ And Locke’s Political Philosophies Essay Thomas Hobbes and John Locke are both contemporary philosophers who were made famous for their political philosophies especially on areas of government and the community. Although Hobbes was born forty one years ahead of Locke, both have agreed on certain ideas but remained in contrast with others. In this paper we will try to compare the main philosophies held by Hobbes and Locke, focusing on their opinions on government, community, leadership and the concept of social contract or covenant. This paper will also attempt to align the said philosophies in contemporary events particularly in the American life after September 11 attack. At the end of this paper, this author aims to establish the fact that Locke’s political philosophies are more practical, consistent and acceptable over that of Hobbes. Hobbes and Locke are particularly interested in human beings and how they interact with the world. Both believing in the existence of God, they both insist that human beings need a leader- a feature of human community that is a vital element of their survival. 1â€Å"Without a leader, the country would fall away into nothing†. They however differ on the type of leader that a community should have in order to survive. For Hobbes, there’s only one man that should rule or govern the people, and that is a king (Hobbes, Thomas 1994, p. 83). Hobbes maintains that it is only this king who should be given the authority and the responsibility to write laws, make decision and consequently of controlling the people. In order for people to survive, people are therefore compelled to obey the commands of the ruler, both in religious and government matters. Locke however believes the other way around. For John Locke, it is rather the people who should run the government and not the king. Consequently, Locke points to the idea that the responsibility of uniting and taking care of the needs of the whole community lies in the hands of the people and not on the sole control of one person. Unlike Hobbes, Locke somehow points to a democratic form of government wherein the people are given the right to participate in all affairs of the government including the responsibility of deciding what is best for the general public. Locke also suggests that the people should rather have to decide on who they wanted to rule over them. Moreover, since the power lies on the people, they have the right to overthrow a wicked ruler in the same way as they have decided to have him seated in the position (Locke, John 1997, p. 22). Because Hobbes maintains authoritarian form of government, he insists that 1â€Å"society could not exist except by the power of the state†. This is directly contrary to Locke’s view that man is inherently a social being and thus has the need and the ability to interact with others. Hobbes idea then simply would suggest that man is necessarily a creature that cannot decide for him nor does he has the ability to discern what is good and what is evil because he needs a ruler in order to establish a society. Moreover the statement suggests that man has to submit to an authority and after which all individual rights are gone and so man is compelled to obey. It is also important to note that Hobbes, in this aspect believes that man does not have the right to rebel against the ruler since the latter is assumed to be someone who does all things good and lawful. For Hobbes, the right thing for man to do is to shut up and obey and once this is done, anyone does not have the right to kill the obedient one. Because the state is the supreme ruler in the society, the ruler then is assumed to be wise enough to the point that all his affairs, his views and decisions are deemed just. Hobbes also assumes that 1â€Å"all of society is a direct creation of the state and a reflection of the will of the ruler†. Locke however has a better and more practical idea that is obviously been the basis of most governments, especially those that employ the democratic form of government. On the concept of social contract, Locke believes that by giving up our rights to â€Å"exact retribution for crimes†, we are in return given the right to just, impartial protection of our properties and out lives (Harris, Ian 1994). Relative to this, man still retain his rights to life and liberty. The state, according to Locke has only one role, and that is 1â€Å"to ensure that justice is seen to be done†. The ruler therefore is necessarily not the sole decision maker in the society, rather he is just an instrument appointed by the general public to serve justice and maintain peace. The government therefore, as peacemakers should not be involved in any form of injustice or any act that may disturb peace in the society. Otherwise, Locke believes that the people are given the right to kill or overthrow the ruler. Although Hobbes is in favor of the unlimited power of the state, he justified his point well by stating that the purpose of such unlimited power is to end all conflict and contention. Because he regarded people as creatures who are incapable of knowing what is good and evil, Hobbes believes that people have the tendency to freely live a material life which would result into conflict. Thus the avoid this, the state is given the sole and unlimited power over them. 1Both Hobbes and Locke believe that there is an implied contract between the state and the people as soon as a ruler is being placed in power. The difference however is that Locke regard that contract as something that impliedly sets the ruler as a judge over the affairs of the people while Hobbes set that contract as something that sets the ruler as a master of the people. Hobbes points out â€Å"all contracts are binding, even if entered into from fear of violence or pain of death† (Hobbes, 1994 p. 86). Hobbes does maintains that man does not have the ability to recognize good from evil because he believes that good and evil are established and defined by the will of the state (Hobbes, 1994 p. 28). This means that good and evil exist only because something or things are defined as such by the ruler. Hobbes then points to the idea that there exist no definite standard or basis for man to know what is the right thing to do and what is wrong. As with the idea of property and its ownership, Hobbes believes that the state is the one defining the property of somebody. Because man cannot discern good from evil, human beings without the state or the ruler cannot live in peace. Hobbes further assumes that peace can only exist and reign in a society when its people subject themselves to one absolute and common master. From here Hobbes might be suggesting that it is impossible for the world to experience peace since the world does have different rulers. On the other hand, Locke believes that humans inherently has the capacity to discern what is good from evil and are therefore capable of knowing what is lawful and what is not. â€Å"Most importantly, they are capable of telling the difference between what is theirs and what belongs to someone else† (Locke, John 2002, p. 87). Locke however recognizes the fact that despite this inherent capacity and ability, humans act the other way around. In Locke’s view, the only norm should be peace and nothing else (Cox, R. H. 1960, p. 32). Unlike Hobbes, Locke believes that man has the capacity to live in peace by refraining from hurting other and from molesting or invading their properties. Since man has the inherent capacity to discern what is good from evil, it not therefore impossible for the world to achieve peace even with the existence of different rulers. All rulers of different countries in the world are human beings who are supposed to be mature and wise enough to know what is best for their people. Because most of these rulers are elected by the people, then it is likely that it is the general preference of the people that dominates the government affairs. I also agree with Locke that when the ruler placed by the people on the seat of power abused his political powers, then the people have all the right to overthrow him and replace with somebody deserving. In the contemporary world, Hobbes and Locke’s political theories can still be relevant especially that these have, in bulk, something to do with rights and liberties of the people and the role of the government on managing the lives of its people. After the September 11 attack, the American government has been very vigilant and has somehow gone beyond the normal process of ensuring the security of the Americans. Such security measures are so rigid and strict to the point that the freedom-loving Americans thought there are losing much of their liberties. The government in defense ensures the public that such implementation of security measures plainly for national security. As for me, such measures are preferred because my security, that of my family and all Americans is of higher importance than my liberties. Let us remember that the role of the state is to ensure that justice is being served at all times, as Locke maintains. Part of serving justice is for the state to implement measures that see to it that nobody in its jurisdiction is being oppressed or hurt. To set up surveillance cameras, place military men in public places, have everyone’s baggage inspected in airports, hotels or malls are part of security measures and I do not see anything that suggests these things to be invading anyone’s liberties. Besides what is liberty if we will all die under crumbles of another attack? The President has been elected by the people and it is assumed that his rule has the consent of the majority. The American people are wise enough to discern who the best person at the Presidential seat is. By casting our votes, we are entrusting our security and the general condition of the American people in the hands on the person we voted upon. To entrust our security to the elected President does not mean we are being robots who have nothing more to do but to shut up and obey as what Hobbes suggest. To have security measures implemented in public places does not at all violate our liberties and thus we do not need to regain them. I believe that the American government still acts within the limits of justice and that I still regard all measures to be actions wherein human security rather than vengeance is of higher priority. I believe that the American government has not yet failed with its task of protecting its people so we as citizens do not have yet the right to rebel or withdraw our support. Let us remember that failure to take its primary responsibility is the only requisite Locke has provided in order for the people to have reasons to rebel. We still have our full liberties with us and security measures are implemented in order to regain one thing we have lost in the 911 attack: justice. BIBLIOGRAPHY Cox, R. H. Locke on War and Peace. OUP: Oxford, 1960. Harris, Ian. The Mind of John Locke. CUP: Cambridge, 1994. An excellent contextual analysis of the political and religious mindset of Locke’s Britain. Hobbes, Thomas. The Leviathan. Ed. Edwin Curley. Indianapolis: Hacket. 1994. Locke, John. â€Å"Essay on the Law of Nature. † In Political Writings. Cambridge Texts in the History of Political Thought. Ed. Mark Goldie. CUP: Cambridge, 2002. 1Locke versus Hobbes. 24 November 2007. http://www. jim. com/hobbes. htm Locke, John. Two Treatises of Government. Cambridge Texts in the History of Political Thought. Ed. Peter Laslett. CUP: Cambridge, 1997. Locke, John. â€Å"Two Tracts on Government. † In Political Writings. Cambridge Texts in the History of Political Thought. Ed. Mark Goldie. CUP: Cambridge, 2002.

Features of Advocacy in Court

Features of Advocacy in Court Advocacy What is Advocacy? Advocacy is when a solicitor attends court to represent their client. In simple form, advocacy is the art of communication. A solicitor will attend court and do the very best for their client to ensure they achieve the best possible result. It involves public speaking, which can be quite intimidating when you first attend court. However, with practice and experience the task does become easier. You will find that the more appearances you make at Court, the easier it will become and the more you will improve and become more confident. Your oral communication skills will develop and so will your ability to put forward structured and coherent arguments Advocacy; the Legal Practice Course and Becoming a Trainee The Solicitors Regulation Authority, which regulates solicitors in England and Wales and governs and sets the standard for Legal Practice Course Providers, states that advocacy and litigation is compulsory part of the Legal Practice Course. Advocacy skills are therefore assessed in the context of civil and/or criminal litigation. The Solicitors Regulation Authority lays down the requirements for advocacy in the Legal Practice Course and they expect students to formulate coherent submissions based upon fact, general principles and legal authority in a structured, concise and persuasive manner. Preparation is crucial and the student needs to understand the importance of it. The Solicitors Regulation Authority states that for the purposes of advocacy students need to do the following:- Identify the client’s objectives Bear in mind client care and professional conduct issues in preparing and presenting the case Identify and analyse the factual material Identify the legal context in which the factual issues arise Apply the law to the facts Identify the strengths and weaknesses of the case from each party’s perspective. Present the case effectively. Outline the facts in simply narrative form Prepare the legal framework for the case Prepare the submission as a series of propositions based on the evidence. Identify, analyse and assess the communication skills and techniques used by other advocates. Demonstrate an understanding of the ethics, etiquette and conventions of advocacy. The above 12 points are skills that the student should acquire in order to be a competent and confident advocate. The Legal Practice Course will introduce the student to the general principles of advocacy. Advocacy is taught through role-play and simulation through the subjects of civil litigation and criminal litigation. For example, the student may have to conduct an application for an interim payment or summary judgment in the context of civil litigation and be able to represent either the claimant or defendant. In the context of criminal law, the student may, by way of illustration, have to act for either the defence or prosecution in an application for bail, a sentencing hearing etc. Following the Legal Practice Course and during the training contract the student will attend a Professional Skills Course. On the Professional Skills Course you will further develop your knowledge and skills of advocacy. During your training contract you should gain experience in preparing a case, conducting and presenting a case. Your advocacy skills will undoubtedly improve and develop in time. Solicitors’ Rights of Audience Under section 36 of the Access to Justice Act 2000 solicitors share with barristers a right of audience before every court. However, in relation to solicitors they are not able to appear as an advocate in higher courts unless they have satisfied the requirements of the Law Society’s qualification regime in relation to higher rights of audience. Solicitors can apply for higher courts qualifications and to do this they must pass written and practical examinations. Solicitors have automatic rights of audience in the Magistrates Court and County Court. In other courts such as the Crown Court and The High Court solicitors have limited rights of audience, although their rights of audience can be extended, as indicated above. Effective Advocacy Effective advocacy depends on two things; one is good preparation and the second is having persuasive oral communication skills. 1. Preparation By preparing thoroughly you will gain knowledge of both the facts in the case and also the relevant law. If you have thoroughly prepared then you will have the confidence to make an effective presentation. Be very familiar with the case by reading the file to ensure you are familiar with all of the facts. Ensure you have obtained all the evidence you require and explored all necessary avenues. Research the law to ensure you can back-up what you say and are confident that it is correct. For instance, if you need to make a bail application, you would need to be familiar with the Bail Act 1976 and be able to apply the facts of your case to the law. Preparation is therefore fundamental to successful advocacy. By going through all papers filed in the case and all of the evidence you will need to formulate your argument and decide what evidence to call and what evidence of the other side you need to attack or undermine. Careful planning will also allow you to establish which witnesses you need to call and the order in which they should be called to ensure that the witnesses are presented in an order that presents your theory of the case in the best possible way. Have a Theory You should have a theory of the case which is your version of the disputed facts. This will help you to formulate your argument and will help you decide what evidence you need to call. By having a theory it will help guide you through and will ensure you present your case effectively. Further, it will help you maintain a consistent and logical position throughout the case and will keep you focused. When formulating your theory for the case it is important that you do not do this too early in a case because if you do it too early you may discard alternative and stronger theories and ignore certain leads. Your theory should be close to the client’s account of events. It can also be useful if you consider what your opponent’s theory is likely to be as this will assist you in preparing for cross-examination. 2. What makes an Oral Presentation Persuasive? There are certain qualities a good advocate will possess which will make their oral presentation persuasive. The student will find they will develop these through experience. The student should bear in mind the following factors as they will enhance their oral presentation and ensure it is persuasive:- 1.  Eye contact By maintaining eye contact with your listener it will enhance your oral presentation. It will show you are confident and it will also allow you to assess the reaction your submission is having on your listener. For example, you will be able to see if the listener is becoming bored and, if they are, you will know you have to move on accordingly or change your stance. It will also allow you to see if you are losing their attention. In addition, by maintaining eye contact with the listener it will stop you from getting caught up in your notes and this will avoid your advocacy having a lack of authenticity. 2.  Voice Before talking take a deep breath as this will help you to relax and it will enhance the sound of your voice. Do not talk too loudly or too aggressively, or be too softly spoken. Ensure you talk loud enough to be heard and talk clearly. Your delivery needs to be interesting. It may be useful to record yourself and then replay it in order that you can assess your delivery and this will help you improve. 3.  Pace You will need to pace your submission correctly. It is important that you do not present what you say too slowly or too quickly. Do not read from a prepared script as you are more likely to read too quickly and as a result the listener will not be able to follow your argument. If you present your argument too slowly this can make your listener lose interest in what you are saying. In order to adopt the required pace again it is a useful idea to record yourself and replay it. 4.  Pause This can be a very effective device when you are doing your presentation. You should use it for effect. For instance, if you believe the listener is no longer listening to you, pause and this will regain their attention because they will wonder why you have stopped. In addition, if you have a particularly telling point to advance, make the point and then pause. This will enable the listener to consider the point and will create more of an impact. It will also enhance the impact of your overall presentation. 5.  Posture Stand up straight with your head slightly elevated. Do not slouch. By having the correct posture it will help you look more confident and having a good posture will enhance the quality of your voice and make you appear more relaxed. 6.  Distracting mannerisms You may have distracting mannerisms but be unaware of what they are. It is worth recording yourself making an oral submission in order that you can consider whether your body language detracts from the message you are putting across. Distracting mannerisms could be, for example, fiddling with something in your pocket, clicking your pen, touching your face or hair. You may be doing these things subconsciously. When playing the recording consider whether you do any of these when making a submission and consider do you look relaxed and confident. You need to ensure that you do not have any mannerisms which distract from the message you are trying to put across. 7.  Structure Ensure your presentation is structured and this will make it persuasive. When planning your presentation devise a structure. This will ensure you do not repeat anything. When preparing your submission ensure it has a beginning, middle and end. Keep your submission concise. Avoid reading out sections from statutes and case law. Instead, highlight the relevant part of the statute/case and hand them to the judge/bench to read and simply refer to them and summarise the key points of the case/statute. 8.  Brevity Always try to keep your submission to the point. The court’s time is very precious. Through careful preparation and by having a logical structure in place will assist you in keeping your submission concise. 9.  Persona As mentioned above, it is important that when you are appearing as an advocate that you look confident. Even though you will probably be very nervous, anxious and not very confident when first attending court, you must try to look confident. By dressing appropriately, in a smart suit, you will look the part and this will help with your confidence. Further, by looking the part the client will have confidence with you and you will convey the correct impression to the court. Remember that first impressions count. Be organised and this will help ensure your composure and professionalism come across. 10.  Language Bear in mind that words can be a very powerful tool with which to covey a message. Carefully choose your words and consider whether there is a more powerful adjective which will advance the point you are trying to make. When making your submission try to use language which involves the listener. For example: ‘Sir, if I could refer you to the prepared map of the road. This identifies where the collision occurred’. Professional Ethics Solicitors owe a duty to their clients to do the best for them. In addition, solicitors owe a duty to the court and the administration of justice. A solicitor owes a duty to the court to act with independence and in the interests of justice. A solicitor must never deceive, or knowingly/recklessly, mislead the court. For instance, if a client admitted to having misled the court in any material matter relating to the ongoing proceedings a solicitor must not act further in those proceedings unless the client agrees to disclose the truth to the court. A typical example of this would be where the client has misled the court by pleading not guilty when he admits he has misled the court because he has told you he is guilty. If the client admits his guilt to you, you cannot continue to act on the clients behalf because you would be deceiving/misleading the court. Etiquette You need to be familiar with the etiquette of the court you are appearing before, such as the correct way to address the court, your opponent and witnesses. The following details the ways you should address the bench, the other side and witnesses:- Addressing the Bench You should address members of the bench in the following ways: A Bench of lay magistrates should be addressed as Your worships’ or ’Sir/Madam and your colleagues. A circuit judge/recorder should be referred to as Your Honour A district judge of the High Court and County Court should be addressed as Sir or Madam A master of the Supreme Court or a taxing master should be addressed as Master Addressing the other side If the person representing the other party is a Barrister you should refer to them as my learned friend. If the other party is represented by a solicitor you should refer to them as My friend. If the other party is acting as a litigant in person you should refer to them as the claimant/defendant or Mr/Mrs/Miss .. Addressing witnesses You should address witnesses directly as Mr/Mrs/Miss .. etc. If the witness is a child they should be addressed by their forename. Presenting the Evidence To establish and enhance the credibility of your case, ensure your evidence is consistent with the established facts, common sense and within itself. If one of your witnesses gives inconsistent evidence this will cast doubt on the remainder of their evidence. By way of an example, a witness says that X was wearing an orange t-shirt at the scene. In his evidence X denies he was wearing an orange t-shirt because he does not have one. The prosecution then produce CCTV footage showing X wearing an orange t-shirt. This would cast doubt on X’s statement and it will also undermine the whole of his testimony. You therefore need to ensure that your evidence will be consistent to avoid it being undermined. When planning your submission you need to consider which witnesses to call and the order in which they are called. In doing this, remember that this order needs to develop your narrative as your witnesses are telling your story. When considering the order in which to call your witnesses remember that your story needs to be presented in a logically progressive way. This will make it easier for the listener to follow and understand your case. Do not be too stringent however in deciding the order in case any last minute problems arise. You need to be able to adapt your evidence accordingly. Once you have decided the order in which your witnesses will appear, you need to think about your questions. Examining Witnesses Examination-in-chief This is where you obtain evidence from your own witnesses. You need to ensure that your witnesses give clear evidence and that they do not talk too fast in order that notes can be taken. Ensure the witness faces the Judge when answering questions and is not looking at you. This will enhance the quality of their evidence. When asking your witnesses questions, you need to try to elicit from them only the evidence that is relevant. Always therefore bear in mind why you are asking your witness a particular question and what is you want to hear from them. Leading Questions During examination-in-chief the solicitor advocate is forbidden from asking their witnesses leading questions. A leading question is one which requires a ‘yes’ or ‘no’ response. In its phrasing it suggests its own answer. By way of an example, was the man wearing a red and white jumper? By suggesting the answer to the witness you reduce the witness’ impact. Leading questions are forbidden in examination-in-chief because the solicitor is not allowed to lead their witness and in effect put words into their mouth. When you call your own witness you hope and expect that they will provide evidence that is favourable to your case and will ‘come up to proof’. As a general rule when you ask your witness questions you should phrase your questions using simple words and phrases to ensure the witness fully understands what you are asking them. When questioning your witnesses consider using points of reference to add variety to your questioning and to move the witness along from one episode to the next. For example, ‘can you tell us what happened after you saw the car swerve?’ Unfavourable and Hostile Witnesses You will, at any early stage in the proceedings, take statements from each of your witnesses. When a witness is giving their evidence through examination-in-chief you would expect them to give answers consistent with their previous statement. However, in some situations a witness does not give the answers expected of them. The witness can then be declared either unfavourable or hostile. Unfavourable Witnesses An unfavourable witness is one whose testimony does not advance the case of the party who called him, despite the witnesss best intentions. A witness will be unfavourable if they cannot recall some of the facts about their testimony. If you come across an unfavourable witness you can ask the court for leave for the witness to refresh his memory by reading his previous statement. It is very often the case that cases come to trial many months after the witness has provided a statement. Therefore, it is important that before your witness gives their evidence that they have the opportunity to read their previous statements to refresh their memory so that when they are being asked questions they are familiar with what they said in their original statement. They are then less likely to become an unfavourable witness and will hopefully enhance the strength of your case. If after reading their previous statement the witness still cannot recall the facts then you canno t assist your witness by putting leading questions or prompting them. You should instead try to get the witness out of the witness box as soon as possible. Hostile Witnesses A hostile witness is different from an unfavourable one. Whilst an unfavourable witness can be potentially damaging to your case, a more serious situation is having a hostile witness. A witness will be ‘hostile’ if the evidence they give is harmful to the side calling them and it conflicts with the expectations of that side. A hostile witness will have no desire to tell the truth and support the case of the party calling him. An example of a witness being hostile is a witness who has deliberately changed their evidence since they made their original statement. The party calling this witness can ask the Judge to grant leave to treat them as a hostile witness. Open and Closed Questions You can ask your witnesses a variety of open and closed questions. To obtain the information you require from a witness it will be necessary to use for example closed questions to establish the background and set the scene and to bring out details or emphasise a particular part of the story. Open questions will be necessary to allow the witness to freely tell their part of the story or to turn their attention to a subject and then ask the witness to talk about that subject. If you ask more closed questions, you will have greater control. However, what type of questions you ask will depend on the witness. Cross-Examination This is the process of questioning your opponent’s witnesses. The purpose of cross-examination is firstly to establish and advance you own and case and secondly to attack the other side’s case. Before you cross-examine a witness you need to consider whether the evidence they have provided in chief is harmful to your case. If you establish that their testimony has not been harmful then you need to conduct a constructive cross-examination showing that he/she is to be trusted. There is little point in trying to undermine a witness who has provided favourable testimony. On the other hand, if a witness’ testimony has been harmful to your case then in cross-examining them you will seek to either challenge their evidence as inconsistent, improbable or unrealistic, or you will challenge the witness as mistaken or untruthful. If you decide to undermine a witness you need to elicit from them the favourable evidence they provided first and then continue to discredit them. I t is important that when cross-examining witnesses that the questioning is constructive to obtain support for your story and destructive questioning to challenge a version of the story which is not accepted by you. The cross-examination of witnesses needs to be structured and this can be achieved through appropriate planning. Your cross-examination will be structured if you follow the following steps:- (i) Keep your cross-examination to four points which support your theory of the case. This will strengthen your argument (ii) Make your strongest points at the beginning and end of your cross-examination as these are the points likely to remain in the mind of the listener (iii) Anticipate what the answer will be before you ask the question. The purpose of cross-examination is to obtain favourable facts and minimise the impact of the evidence-in-chief. (iv) Do not write a script which you follow as this will not allow you to respond effectively to the witness and will weaken your argument. (v) If the witness says something you do not agree with do not argue with them as this undermines your own credibility and will ultimately impact upon your case. If you are pleasant and courteous to the witness, the witness should relax and cooperate with you. (vi) Do not ask the witness open questions as this gives them the opportunity to say what they like. You need to ensure that you ask closed questions or leading questions as this can help you keep control of the witness. (vii) If the witness during the examination-in-chief has said something which favours your case, then during the cross-examination you should make the witness repeat it for emphasis. (viii) You should put your version of the case to the witness and give them the chance to accept or deny it. As indicated above, one part of cross-examination is challenging the opponent’s case. This involves either discrediting the evidence or discrediting the witness. When cross-examining a witness you need to bear in mind that most of them are not lying. They are often trying to provide an account of the events as they saw them. You should therefore be careful if you decide to attack them as untruthful. It is best to focus upon the manner in which they saw the event. For example, from a distance, poor weather conditions, only got a quick glimpse of the event etc. You should then ask leading questions which suggest to them that they may have mistaken what they saw. In addition, you should look for any inconsistencies with what a witness has said during the trial and what they have said in a prior statement. If you notice any differences, you should ask the witness to repeat the fact which they gave in evidence-in-chief and the read out the part of the previous statement which is in consistent and ask the witness if they made that statement. This will show that what the witness has said is inconsistent and it is will assist you in challenging the opponent’s case. Differences between examination-in-chief and cross-examination With examination in chief the witness is allowed to tell their side of the story. In cross-examination you do not want the witness to tell the story. You indicate the point you wish to make and put it to the witness. Leading questions therefore are used in cross-examination. Leading questions provide for effective cross-examination because the facts are supplied by the advocate instead of the witness and the advocate has most of the control in order to get to the point they want to make. During cross-examination you do not want a witness to tell their story, you want them to verify the particular matters that you put to them. Examination of Experts One of the first questions to be asked to an expert witness in examination-in-chief will be to establish their credentials as an expert in the particular field. You need to consider what the expert says in his report and put questions to him. An expert’s testimony can sometimes be difficult to attack because an expert’s testimony primarily consists of opinions and conclusions. It does not consist of fact. If you do not agree with the testimony of the expert you will need to challenge it by asking the expert appropriate questions. If the export supports your case, you will need the expert, in his oral testimony, to answer questions which show how the experts support your case to enhance your overall argument. Re-examination Once a witness has given their evidence-in-chief and been cross-examined by the other side the solicitor may re-examine their witness. The purpose of re-examination is to give the witness an opportunity to explain any matters raised during cross-examination and is therefore limited to only those matters that were raised during cross-examination. It is not another opportunity to go through the evidence provided. An example of when re-examination might be necessary would be where the cross-examination has perhaps shown the witness’ testimony to be muddled and confused. Alternatively, you might want to use re-examination if during the cross-examination inconsistencies have appeared between a witness’ testimony and a prior statement. You can use re-examination to highlight flaws and/or inconsistencies in the other side’s case or alternatively to attempt to correct anything during cross-examination which potentially could be damaging to your case. Opening and Closing a Case If opening a case you should always introduce yourself and the other side to the Court. For example: Your Honour/Sir/Madam/Master I appear in this case for the Claimant and my friend Mr/Miss/Mrs.†¦Ã¢â‚¬ ¦ appears for the Defendant. Civil Matter In a civil trial the claimants solicitor will make the opening speech. The opening speech involves taking the judge through the statements of the case and providing an outline and guide to your case. It should provide a summary of the evidence that will be produced and should not go into any details in relation to the content of the testimony. The opening speech will detail the issues to be decided and you should provide a summary of the facts that you seek to establish. However, in the county court the defendants solicitor can make the opening speech and if they do they are not entitled to make a closing speech, without the leave of the court. You should hand the judge a bundle of documents and take him or her through the chronology of the matter to provide the judge with a picture of the events in the case. The opening speech should be lively and interesting to engage the court. You should use plain language and use eye contact to build rapport with the judge. You should refer to y our client by his or her name in order to personalise them, and refer to the other side, for example as the respondent/defendant etc. Following the opening speech the claimant will give their evidence. This is done by oral examination and the sequence of the questioning is examination-in-chief of the claimants side (to include witnesses), cross-examination by the defendants side, re-examination. The defendant will then give their evidence and can make an opening speech. The judge can, however, dispense with this, particularly in fast-track cases. The sequence of questioning for the defendants evidence (to include witnesses) is examination-in-chief by the defendants side, cross-examination by the claimants side and re-examination. The defendant may make a closing speech and the claimant will then make a closing speech. In a civil matter the claimants solicitor will always have the final word. The closing speech is your final attempt to address the court. It should integrate the evidence the court has heard with your theory of the case and present your underpinning argument. In your final speech you should rebut or explain the evidence that weakens your case and explain how the law applies. If in your opening speech you raised questions, then in your final speech you must answer them based upon the evidence that has been heard. The closing speech should be well structured, be easy to follow and sum up the major points. Criminal Matter In criminal matters the prosecution have the right to make an opening speech. If it is a simple case then very often the Prosecution will forgo an opening speech. If the Prosecution do decide to have an opening speech it should be kept brief. It should provide a non-contentious summary of the case. The Prosecution then proceed to present their case. After their evidence has been heard the defence have the opportunity to give an opening speech and the present their evidence. If the defence decide to make an opening speech it should start with a comment on the evidence given so far by the prosecution, then provide an outline of the evidence to come and conclude with a summary of the questions that they think need to be answered. The closing speech is the final attempt to address the court. It needs to integrate the evidence that has been heard with your theory of the case. Both the Prosecution and the Defence have the opportunity to give a final speech. The closing speech should be short, but long enough to cover the ground and make any final impact.

College Admissions Essay: Learning from Helen Keller :: College Admissions Essays

Learning from Helen Keller "Life is either a daring adventure or nothing." -Helen Keller Helen Keller was one of the most successful people in the world. She helped in so many ways to change many people's lives. She was a very humble person despite her successes. I want to tell you about a story I read which touched me and shows what a special person Helen Keller was. In the summer of 1950, a woman in Italy was asked by a neighbor to pick up two women at a nearby hotel. The reason why her friend, Margot Besozzi, couldn't pick them up is because her jeep was getting repaired and that was the only car they could take to get up the very steep hill to her house. The women of course said that she would be delighted to pick them up. She asked Margot, " whom should I ask for at the hotel?" and Margot replied, "Miss Helen Keller." She could not believe that she was going to pick up Helen Keller at the hotel. She was so excited that she started to dream about when she was a little girl and her father had given her the story of Helen Keller written by Annie Sullivan. When she arrived at the hotel, she got out of her car to greet Helen Keller and Polly Thomson. She took Helen's hand and placed her in the car with Mrs. Thomson. Then it came to her mind that they were going to be taking a very dangerous ride when they were to go up to the house. There were no sides to the car, so when she took very sharp turns, she was afraid that Helen might fall out of the car. So she warned them about the sharp and steep turns. When they got to this part of the journey, Helen started to sing, "This is fun!" and then she cried out, "Lovely!" When they reached the house, she helped the two women out of the car to greet Margot. She was invited to have lunch with Margot, Mrs. Thomson and Helen. They drove to the restaurant and went to sit down at their table. When Helen sat down, she felt around her area so she knew where her fork, spoon, knife, and plate were, and sat patiently. After they finished lunch, they were sitting around taking about Italy, and Helen was talking about where she wanted to visit.

A Running Sunday :: Personal Narrative Writing

A Running Sunday "Are you listening, Jaehee Hwang?" A tall skinny lady walked towards me. This was the fifth time she had told me to hush up. "I'll have to ask you to leave if you are not reverent." Sister Jung always made me feel like a sinner. I knew she was right. She was the primary teacher; she was always right. As soon as she turned around, I began to giggle with Ji Young again, "hee hee look at Sister Jung, she stands so straight like one of those British guards with big puffy hats and red uniform hee hee." Sister Jung swooshed around, placed her index finger on her lips, and looked straight at me. She had long, straight black hair, without a single strand out of place. She wore an ironed white blouse and a knee length jean skirt with two rose imprints on it. I hated it when I knew I had to listen to her. After church, I raced my brother to the parking lot, and I jumped into the car. From a block away from our house, my dad turned his head to the backseat while both of his hands were on the steering wheel. "Jaehee, are you listening?" "Just drive honey." Now my mom turned her head and fixed her eyes on mine. "How many times do we have to tell you? Listen to Sister Jung, she is a wonderful primary teacher and " "You're the bishop's daughter I know, Mom, I know I have to be good and blah, blah, blah." "Jaehee Hwang! Ugh! Don't you ever get sick of hearing your name?" When my father reached the garage I said, "No. I think it sounds beautiful." I gave my mom a big smile and hopped out of the car. I rushed into the house. Ring! Ring! Ring! I took three big leaps into the kitchen. "Hello?" "Jaehee! You have to come to my house! I have a big surprise!" "Okay wait. Mooommm! Can I pleaasee go to Ji Young's house?" "If you promise to be reverent every Sunday." "I promise." "I don't want to hear any more troubles from you, young lady, so keep out of mess." "I promise." "Jaehee I'm serious. Don't go wild." I rolled my eyes and raced out the door. I ran for two blocks until I reached Ji Young's house. When I got to her front lawn, my eyes widen and I jumped up and down. "I can't believe it!" Ji Young was feeding seeds to a flock of chickens.

A Commentary on ‘An Astrologer’s Day’ Essay

The writer’s description of the astrologer leaves us in no doubt that he is a charlatan – his equipment, costume and appearance all have a deliberate, theatrical quality designed to convey the impression of a mystic power which he does not possess. Notice the author’s wryly ironic comment that the abnormal gleam in his eye is â€Å"really an outcome of a continual searching for customers† and his dry observation that â€Å"even a half wit’s eyes would sparkle† between such a painted forehead and dark whiskers. The deliberate artifice of the astrologer is further underlined by the author’s use of phrases such as â€Å"To crown the effect† and â€Å"This color scheme†. The illusion is enhanced by the fact that the astrologer works in the eerie glow of a smoky flare which adds to the â€Å"enchantment† of the place. The astrologer’s customers are depicted as gullible creatures who are irresistibly attracted to him like bees. But although the author portrays the astrologer as a fraud, his innocent customers are not shown in the light of hapless victims. The writer does not condemn or deride the astrologer as a parasite but sees him as a businessman who gives his customers value for money: he said things which pleased and astonished everyone: that was more a matter of study, practice and shrewd guesswork. All the same, it was as much an honest man’s labor as any other, and he deserved the wages he carried home at the end of the day. We are told that the astrologer has not chosen his profession by design. Intriguingly, the author informs us that he was once a simple farmer who â€Å"had to leave home without telling anyone†. Although the fact that he had to depart hurriedly and travel far suggests that something dire occurred, the actual reason for his flight is not given, thus arousing our curiosity and conferring upon the exiled stranger a sense of mystery, more real than he could possibly create for himself in his bogus role of astrologer. Whilst he has no mystical powers, the astrologer is a shrewd psychologist. He diagnoses his customers’ problems by listening to their troubles and supplies them with solace and reassurance. Notice how he is careful to either blame his clients’ woes on other people, or attribute their troubles to elements beyond their control. In this way, they all depart as satisfied customers. Our expectation is aroused by the suitably dramatic entrance of the astrologer’s antagonist. For reasons which become apparent later, the author has cleverly contrived the scene so that the man is initially no more than a dark shape who blots out the solitary shaft of light which remains after the nut vendor’s departure. Our initial impression of the stranger is unsympathetic – he grumbles and truculently challenges the astrologer to prove his worth in the form of a bet. It is only after the bet has been agreed that the astrologer glimpses the man’s face whilst the latter is lighting a charoot. The sight of the man’s face seems to shock the astrologer but again we are purposely given no explanation why. The astrologer is so dismayed that he tries to retract the wager and hurriedly leave but the man is ruthlessly insistent and becomes threatening. Surprisingly, the astrologer agrees to speak but only if the wager is increased to one rupee. Both the reader and the man are surprised to hear the astrologer’s seemingly miraculous divinations as he accurately describes the man’s grisly past. The man is dismayed to learn that his thirst for revenge cannot be quenched since his enemy is already dead. He is further stunned to discover that the astrologer knows his name and accepts his admonition to return home and never travel southward again. The astrologer leaves the man with one consolation: he tells him that his enemy received his just deserts by dying a deservedly painful death. Our curiosity is finally satisfied at the end of the story when the astrologer goes home and reveals to his wife that the man in question was in fact the reason why he fled his village. Unbeknown to the man, he had ironically been consulting the very person he had been relentlessly searching for all these years! For the astrologer, meeting his old enemy has been doubly rewarding: firstly, the knowledge that he is not a murderer has lifted a great burden of guilt from his mind; secondly, he has assured his future safety by tricking his antagonist into believing that he is dead. The story fittingly ends with the astrologer sleeping contentedly, having finally laid to rest the ghost of his guilt and successfully warded off the menacing specter of revenge. The author’s technique in this story is more subtle than it first appears. Although we are just as surprised as the client when we first hear the astrologer’s uncannily accurate comments, our surprise is of a different nature since we know what Guru Nayak does not – that the astrologer is a definite fraud. Hence, there is an ironic distancing between the reader and the astrologer’s antagonist which is further stretched by the fact that he is portrayed as an unsympathetic character. Whereas the initially skeptical Guru Nayak becomes increasingly convinced of the astrologer’s mystic power, the reader becomes increasingly suspicious, especially when the astrologer correctly gives his client’s name. Unlike Guru Nayak, the reader has not become increasingly mystified and overawed by the astrologer’s knowledge, but gradually realises that a connection must exist between Guru Nayak’s story and the secret of the astrologer’s past. Hence, whilst the ending satisfies our curiosity, it does not come as a total surprise. We also share the astrologer’s final sense of relief, partly because we find Guru Nayak unpleasant but mainly because we admire the way in which he skilfully and successfully handles such a crisis of circumstance and manages to extricate himself from an extremely dangerous situation. Rising to the occasion, he uses his â€Å"professional† acting skills and sharp wits to turn the tables on his overawed antagonist and transform a perilous predicament into godsend. Finally, the author’s effective use of irony is worth commenting. Near the beginning of the story, he writes that the astrologer â€Å"†¦ knew no more of what was going to happen to others than he knew what was going to happen to himself next minute†. Given what is about to occur, these words become prophetically ironic. Note also the wry irony of the astrologer’s final complaint to his wife (â€Å"The swine has cheated me!†) when he himself had perpetrated the greater deception and cleverly cheated Guru Nayak of his revenge . Lastly, the matter-of-fact title is a masterpiece of ironic understatement. â€Å"An Astrologer’s Day† implies that the story will describe an average or â€Å"typical† day in the astrologer’ life whereas the event related is both extraordinary and fateful.

America’s Foundation

The United States Declaration of Independence written by Thomas Jefferson was a statement that was used on July 4, 1776 by the Continental Congress to declare the independence of thirteen American colonies from Britain. It entailed in part the following; political independence of every person as provided by natural law, right of revolution. By this, it implied that all Americans were entitled to equal rights and in cases where these rights were breached, anyone was entitled to revolt against the aggressor.Another part of the declaration was a list of charges against king George who was seen as having dishonored the rights of colonialist therefore was seen as unfit to govern. Lastly, the declaration stipulated conditions under which people could change their government and Britain situation offered a perfect example. Hence it called on to all colonies to throw off British Crown and claim their independence (Library of Congress, 1861, 865). The article of Confederation The article of C onfederation was the first governing constitution of America.The article sought to unite several States in America that were initially sovereign under the British regime. It was made in drafts with the last draft made in 1977 and adopted by Continental Congress on November 15, 1977. The article stipulated the rules and regulation to govern the new found United States confederation. Hence with the Article, United States was capable of making wars and settling interstates dispute diplomatically. Furthermore, United States was able to resolve issues concerning western territories.The articles were created with a view of providing freedom, Sovereignty and independence of America. With time, it was found that these articles were unable to provide sufficient provisions that would govern the country effectively hence a need for a detailed constitution that would replace the Confederation with the Federal. This paved way for the formation of a constitution in 1788 (Jensen, 1970, p 109). The constitution The constitution is the current governing body of law in United States of America.It is the supreme law of United States and is the source of legal authority fundamental to the existence of America and all its administrative and judicial bodies within it. It defines three arms of the government; the legislative led by Congress, an executive branch led by the President and judicial branch led by Supreme Court. In its description, it stipulates each branch powers that helps eliminate conflict of power during implementation. In addition, it established the federal system of government that gave individual states various rights.It was adopted on September 17, 1789 and has so far undergone twenty seven amendments (Hickey, 1853, 483) Comparison and Contrast between Articles of Confederation, Constitution and Declaration of Independence. There are various similarities and differences in the Declaration, Articles of Confederation and the Constitution. In comparison, all the ab ove three documents sought to provide the sovereignty and independence of United States of America. They stipulated that US was a sovereign state that was capable of making laws, negotiating diplomatic relations and setting up its own army.America, therefore, was free to trade and govern itself under its own laws without any external interference. All three document emphasized on basic human right. This was stipulated through the provision for freedom of movement and expression in the constitution and the Article of Confederation. Equality and sovereignty of each state was also equally stipulated in three documents. Above all, the document stipulated the rules and regulation that would hence fourth govern United States of America.Breach of which would lead to prosecution and there after a punishment. Similarity among the documents can also be seen in their way of formation where by; representatives from various states were chosen to draft them and later sign on the document to authe nticate them. In this sense, all the above three document are similar. Contrasts Among the notable differences are in levying taxes. In Articles of Confederation, Congress could only request various states to pay taxes but looking into the constitution, Congress has the right to levy taxes on individuals.On the Executive side, the Constitution provides the president with powers to choose cabinet members and has power to check on the powers of judiciary and legislature, however, the article provided the president with no executive powers and his role was only to preside over the Congress. On amending the constitution, two thirds of both houses of congress and three quarter of senate legislature are needed to amend the constitution under the provision of the current constitution compared to thirteen out of thirteen as provided by the Article.With the Article, it recommended that sovereignty remained within States however; the constitution states that it is the supreme law of the land hence sovereignty applies within the range of constitution. Regarding trade, Article provided no control of trade within states and no regulation what so ever was done between interstate trades. This implied that there was free movement of goods and services within states without government interference. However, constitution provides for regulation of trades between states and the power is bestowed to the Congress which oversees all these regulations.In formation of an army to provide military support, Article of Confederation awarded no right to the congress to draft troops that would participate in war. Hence, they had to rely on military contribution by various states. In the Constitution, Congress has the power to raise an army that would deal with any military emergency in the country. In conclusion, it can be asserted that without these three documents in US history, the legality of United States of America could be at stake and therefore, it would have become difficult to go vern all the states under one government.References Faber H. , Faber, Doris. (1987). We the People: The Story of the United States Constitution since 1787. New York: Scribner's. Hickey, W. (1853). The Constitution of the United States of America: With an Alphabetical Analysis; the Declaration of Independence †¦ Electoral Votes for All the Presidents and Vice-presidents: the High Authorities and Civil Officers of Government from March 4, 1789, to March 3. T. K. & P. G. Collins . pp 483. Jensen M. (1970).The Articles of Confederation: An Interpretation of the Social-constitutional History of the American Revolution 1774-1781. University of Wisconsin Press. Library of Congress (1861). Catalogue of the Library of Congress. Oxford University. Pp 865. Suksi M. (1993). Bringing in the People: A Comparison of Constitutional Forms and Practices of the Referendum. Martinus Nijhoff Publishers. US History. Articles of Confederation Vs the Constitution. http://home. earthlink. net/~gfeldmet h/chart. art Accessed on February 26, 2009.