Wednesday, November 27, 2019

Railroads Effect Chicago Essays - Chicago, William B. Ogden

Railroads Effect Chicago annon The nation network of railroads laid from 1848 through the Civil War, and the steam powered locomotives that traversed them, supplied Chicago with vast new markets, resources, and people who quickly transformed it from a quiet Frontier village into a highly populated industrial powerhouse. The Chicago of 1830 was hardly a city at all. Fort Dearborn located near the fork of what is now the Chicago River was bogged down with mud and tormented by disease and Indian wars. By the 1833 when the city was incorporated, a warehouse, dry good's store, and hotel had all been built. William B. Ogden, the first mayor of Chicago was also the first to attempt to give Chicago a railroad. He chartered the Galena and Chicago Railroad in 1836, but it collapsed with the economic disaster of 1837 (Berger 3). Ogden tried again in 1846, and on October 22, 1848 Chicago's first locomotive, Pioneer, was loaded onto the tracks (Casey, Douglas 59). In retrospect, Pioneer turned out to be a fitting name for the city's first train, because by 1866 there were more than forty railroads serving Chicago and the city's population had skyrocketed to just under 300,000. There were many problems that needed to be resolved starting in the 1830s, before a railroad could become a versatile enough to be a cost effective carrier of freight and people. The nation's original tracks had been built mainly of wood, although cheaper than iron, it was quickly decided that iron's durability was well worth the extra cost. Another development was the placement of ballas, or pebbles, that covered the bottom of the tracks and added weight and stability along with drainage to the tracks. Also, the trains were known to collide head on into grazing animals. The problem lay in how to keep the animal from being pulled under the train and causing it to derail. This answer came with the placement of a hood plate on the front of the locomotive so that whatever hit the train would be pushed harmlessly in front of it and could later be cleared without endangering the train. Other major safety issues found solutions with the utilization of lights and horns (Gordon 27-33). By 1848, when Chicago was ready to start building railroads, the technology had already been developed enough to conduct real business. Charters for railroads leading to Chicago soon began to pour in. After the Galena and Chicago Union Railroad was completed shortly after 1853, it merged with the Chicago and Northwestern Railway which began its long march to Greenbay WI. Soon came the Illinois Central, the Chicago Rock Island and Pacific, and the Chicago Burlington and Quincy. Many more came and connected Chicago to nearly every part of the US (Gordon 151). If one looked at a map of all the major trunk lines that stretched over the United States, he would see a wheel with Chicago as the hub (Berger 22). The busy development of all these new railroads furnished the developing Chicago with huge markets, to both the east and the west. Chicago's destiny as center of industry was set, but it would still take some time for Chicago to take advantage of its potential. The first of the markets was the ever-expanding frontier with its agricultural surplus that lay to the west and north of Chicago. In the frontier, a town's distance from a railroad determined what its cost for trade and travel would be. To minimize these costs, new cities and farms popped up very close to the railroads (Martin 81). Train loads of New Englanders came to these new villages in search of the free homesteads that they saw in newspaper advertisements and pamphlets back home. These men and women became the farmers who ended up producing surplus crops which they desired to sell (Gordon 35). According to Mayer, as they looked for their most profitable course of action, their goal was a destination with the most choices of routes, the highest competition, and therefore the lowest rates (Growth 122). With connections to many of the nation's railways, Chicago marked the spot to the farmers of the West. Chicago was the perfect outlet to sell their heavy and relatively inexpensive crops. The railroads in Chicago had laid the foundation for its success limited only to the ingenuity of the capitalistic market. To the east lay Chicago's second market, New England. By the 1850s, this region was industrialized and was producing vast quantities of manufactured goods. Facing much the same dilemma as the West, New England realized that Chicago was a perfect

Sunday, November 24, 2019

New Year Greetings and Quotes

New Year Greetings and Quotes Do you want to send a special New Year greeting to your friends? Here is a great collection of New Year greetings. Some of the greetings convey worldly wisdom, while others present a diverse perspective about the New Year. Choose from this collection of New Year greetings to send good wishes to your near and dear ones. Thomas MannTime has no divisions to mark its passage; there is never a thunderstorm or blare of trumpets to announce the beginning of a new month or year. Even when a new century begins it is only we mortals who ring bells and fire off pistols.Hamilton Wright MabieNew Years Eve is like every other night; there is no pause in the march of the universe, no breathless moment of silence among created things that the passage of another twelve months may be noted; and yet no man has quite the same thoughts this evening that come with the coming of darkness on other nights.Charles LambNo one ever regarded the first of January with indifference. It is that from which all date their time, and count upon what is left. It is the nativity of our common Adam.Alfred Lord TennysonRing out the old, ring in the new,Ring, happy bells, across the snow:The year is going, let him go;Ring out the false, ring in the true.William Ellery ChanningI will seek elegance rather than luxury, refinement rather than fashion. I will seek to be worthy more than respectable, wealthy and not rich. I will study hard, think quietly, talk gently, and act frankly. I will listen to stars and birds, babes and sages, with an open heart. I will bear all things cheerfully, do all things bravely await occasions and hurry never. In a word, I will let the spiritual, unbidden and unconscious grow up through the common.Ann LandersLet this coming year be better than all the others. Vow to do some of the things youve always wanted to do but couldnt find the time. Call up a forgotten friend. Drop an old grudge, and replace it with some pleasant memories. Vow not to make a promise you dont think you can keep. Walk tall, and smile more. Youll look ten years younger. Dont be afraid to say, I love you. Say it again. They are the sweetest words in the world.Maria EdgeworthThere is no moment like the present. The man who will not execute his resolutions when they are fresh upon him can have no hope from them afterwards: they will be dissipated, lost, and perish in the hurry and scurry of the world, or sunk in the slough of indolence. P. J. ORourkeIt is better to spend money like theres no tomorrow than to spend tonight like theres no money.Ogden NashEvery New Year is the direct descendant, isnt it, of a long line of proven criminals?George William CurtisThe New Year begins in a snowstorm of white vows.Ellen GoodmanWe spend January 1 walking through our lives, room by room, drawing up a list of work to be done, cracks to be patched. Maybe this year, to balance the list, we ought to walk through the rooms of our lives, not looking for flaws, but for potential.Samuel JohnsonSurely, it is much easier to respect a man who has always had respect, than to respect a man who we know was last year no better than ourselves  and will be no better next year.Friedrich NietzscheNo, life has not disappointed me. On the contrary, I find it truer, more desirable and mysterious every year ever since the day when the great liberator came to me: the idea that life could be an experiment of the seeker for knowledge and not a duty, n ot a calamity, not trickery. Henry Wadsworth LongfellowLook not mournfully into the past. It comes not back again. Wisely improve the present. It is thine. Go forth to meet the shadowy future, without fear, and with a manly heart.Kersti BergrothIt is difficult not to believe that the next year will be better than the old one! And this illusion is not wrong. Future is always good, no matter what happens. It will always give us what we need and what we want in secret. It will always bless us with right gifts. Thus in a deeper sense, our belief in the New Year cannot deceive us.Albert EinsteinI feel that you are justified in looking into the future with true assurance  because you have a mode of living in which we find the joy of life and the joy of work harmoniously combined. Added to this is the spirit of ambition which pervades your very being, and seems to make the days work like a happy child at play.

Thursday, November 21, 2019

The Future Gulf Currency Union Essay Example | Topics and Well Written Essays - 750 words

The Future Gulf Currency Union - Essay Example However, one has to be concerned about the factors that led to the success of monetary unions for the US and Euro-zone. The economy of the Gulf States is homogenous in nature, which relies heavily on oil. In contrast, the economy of the Euro-zone and US is heterogeneous with each state relying on diversified economic sectors. The economics of the currency unification are clearly spelt out by Mundell (1961) in his theory of optimum currency areas. According to Mundell R. A. (1961), for a successful currency union there should be factor mobility within the region of currency union, while there should be factor immobility between other regions in the world. So what are these factor mobility and factor immobility for the case of the Gulf States? These are factors of production within the region of currency union. The mobility of factors of production helps to compensate for asymmetrical economic shocks in the region of currency union. The asymmetrical economic shocks are normally adjusted for by the flexibility of the currency exchange rates. Without these adjustments or the mobility of the factors of production, unemployment and inflation would result. In line with the premise advocated by Mundell R. A., (1961), there should be little movement of factors of production outside the region of currency union. This paper will examine the case of the Gulf States in order to form an opinion on whether a monetary union is feasible based on the theory of optimum currency areas advocated by Mundell R. A. (1961). The situations leading to the formation of United States and Euro-zone currency union will be examined in order to determine how well they compare with the impending Gulf Monetary Union. The paper will further examine the economies of the six member countries, namely; Bahrain, Oman, Kuwait, Qatar, Saudi Arabia, and United Arab Emirates (UAE), and see the impacts, which the use of a common currency can have on them. The factors that can

Wednesday, November 20, 2019

Geologic Hazards project Research Paper Example | Topics and Well Written Essays - 2500 words

Geologic Hazards project - Research Paper Example The world at large has appreciated the enormous damages that earthquakes cause and responded positively by setting up disaster management teams which aid in an earthquake. Although the risk to earthquakes is higher in certain geographical regions than others, the fact that an earthquake has never occurred in a particular place is no guarantee that it would never occur. It is based on that premise that I opted to research on earthquakes with an aim of examining the causes, the effects, possible preventions and the responsibility of governments and the people at large (Fountain, 2012). At or below the surface of the earth within the crust which is the third layer of the earth, a sudden energy release occasions seismic waves which trigger the movement or tremor of the crust. It is this phenomenal activity that constitutes an earthquake. Two foremost origins are linked to earthquakes; tectonic forces associated with plate margins and faults and explosive volcanic activity. The theory of tectonic plates posits that the crust of the earth is composed of numerous plates which are large and float freely on the mantle. The free flow of the plates enables their movement drifting as independent layers towards, away and against each other. The drifting though gradual in nature triggers the earthquakes when the layers collide or slide against each other. This process can be explained by the Elastic rebound theory. Essentially, if one holds both sides of a twig and applies pressure on both ends, the pressure piles in the middle until when the elastic limit of the twig is exceeded then it snaps suddenly with a consequent release of energy. The energy traditionally causes the twig to vibrate (Simon, 2006). Similarly when the layers of the crust collide with each other, the pressure applied on the end of a particular layer forces is spread all over the plate(layer) and it succumbs by snapping at a particular point just like the twig snaps in the middle. The snapping is what

Sunday, November 17, 2019

Research by the clinical operations and programs division Proposal

By the clinical operations and programs division - Research Proposal Example The range of the number of surveys that have been carried out is between almost 3500 to 4500 employees. This report aims at analysing the research and to gain a better perspective on the theories of performance related pay and its affects. One of the common factors those interest employees, employers and the government equally is the most essential element of employment - Pay. Pay affects the employers because it is an expense borne by the business and employee performance matters a lot to the business. Also this factor affects the employer's ability to recruit and retain labour force of quality. Employees are affected by pay as it is the only source of income it also sets the standard of living and measures a value for the performance and value of service. Lastly the government is affected by this since it directly affects the macro economic stability like employment, social economic development, inflation etc. There are a number of different basis on which pay to an individual is decided. One of the oldest forms of pay is Performance Related Pay this is discussed in detail in the next few parts. Performance Related Pay refers to pay scheme used to measure individual performance in the company (Monks, 1997). It can a lso be used to measure group or organisational performance. The main objectives of introduction of performance related pay were to increase motivation in employees to perform better, increase the self esteem of employees, provide better understanding of the job description and functions, create better communication amongst the participants, encourage employees to be self motivated, and help improve the institutional manpower planning. (Mohrman, Resnick-West & Lawler, 1989). Also performance related pay helps to contribute to overall performance and productivity, along with motivating employee to work better by linking the pay to the achievements of target rather than the length of service. It also helps recognise the achievements of individuals and identifies the under performers, thus creating fairness in pay (Monks, 1997). It was noted that performance related pay has proved to be useful for managerial staff since it allows them to be able to set goals that need to be achieved. Th is makes them motivated to work towards the goals as performance related pay ensures them of a reward on achievement of the goals. The principle of relating pay and performance has been very useful and has acted as a good motivator (Kessler, 1994). Linking of performance and pay is mainly based on Improved Motivation. Famous authors and researchers like Lawler, Porter, and Vroom have pioneered psychological theories of expectancy. The theory should a simple relationship between the efforts put in by an employee, the rewards, the motivation of the employee and the possibility of gaining if the required

Friday, November 15, 2019

Evidence of Witness Statement

Evidence of Witness Statement The evidence that the prosecution wants to adduce at trial is the police statement made by Bennie which shows that he had seen Avril dealing drugs many times. This evidence wants to be used by the prosecution to prove Avrils involvement with the dealing of drugs as well as her involvement with the Black and reds local gang. Before the prosecution can adduce the evidence, there are a series of factors that needs to be considered and the first is relevance. What can be regarded as relevant is something that applies to the matter in question; affording something to the purpose and something that is legally sufficient.[1] Bennies evidence can be said to be relevant because it does apply to the matter in question which is Avrils drugs offence. The second factor the prosecution needs to consider before adducing Bennies evidence is the competence and compellability of Bennie. In the issue stated Bennie can be seen to be Avrils husband which puts him under the category of a spouse. A spouse per Glover is a person who is lawfully married to the accused at the time when he or she is called to give evidence.[2] In the issue, it was seen that Bennie and Avril had recently separated. They are still legally married regardless of the separation factor. It was not stated that they were divorced or the marriage was annulled, therefore Bennie still falls under the category of a spouse. There is a general rule which can be found in s53(1) of the Youth Justice and Criminal Evidence Act (YJCEA) 1999[3] that all witnesses are presumed to be competent[4]. In the application of this rule there is a presumption that Bennie is a competent witness for the prosecution. In regards to compellability, a spouse is generally not compellable for the prosecution unless the exceptions that are set out in s80(3) of the Police and Criminal Evidence Act (PACE) 1984[5] are met. Relating the exceptions listed out in s80(3) of PACE 1984[6] to the issue, the type of offence that Avril is being charged with are drugs offences and as such Bennie does not fall under any of the exceptions which make him a non-compellable witness to the prosecution. It has been established that Bennie is a non-compellable witness which means he is not legally obliged to give evidence but has the choice to do so. This shows that he can choose to testify in court, however the prosecution can admit Bennies police statement as evidence through a hearsay exception which can be found in the Criminal Justice Act (CJA) 2003. The case of R v L [2009][7] can be used in regards to this issue. In this case the Witness who was a spouse could not be compelled to testify against her husband however a pre-trial statement which was a police statement was admitted as an exception to the hearsay rule[8]. According to LT choo hearsay evidence is an out of court statement that is being adduced in court as evidence of the matter stated in the statement.[9] Hearsay evidence is generally inadmissible unless it falls under the exceptions in CJA 2003[10]. For the evidence to be admissible under the witness unavailability exception three conditions must be met which can be found in Section 116 (1)(a) (1)(c) CJA 2003. It is important to note that S116(1)(c) shows that hearsay evidence can be admissible if it satisfies any of the five conditions stated in subsection 2[11]. One of the conditions that is shown in subsection (2)(e) of the CJA 2003 relates to fear of a witness. In relations to the issue, Bennie refuses to testify in court and leading up to his refusal it was seen that he had a bruising to his face. An assumption can be made that he is refusing to testify because of fear and as such the prosecution can adduce Bennies evidence under s116 as a hearsay exception provided all the cond itions are satisfied. Other than the hearsay exception, the part for Bennie could also make an application for a special measure direction (SMD). Bennie refuses to testify and has a bruising to the face. This brings about an assumption of fear which makes him a vulnerable witness and vulnerable witnesses can make applications for SMDs. There are three stages in which SMDs can be granted. The first stage is looking at the eligibility of the witness which can be found in s16 17 YJCEA 1999[12]. The second and third stage can be found in s19(2)(a) and (b) YJCEA 1999. Looking at Bennie he could be eligible for an SMD on the grounds of fear or distress about testifying[13] which falls under s17 YJCEA 1999[14]. If the courts are satisfied that Bennie meets all the stages, the application will be successful and Bennie will be able to testify through an SMD. SMDs that are available to Bennie are screening[15] which is stated in s23 YJCEA 1999 or video recorded evidence in chief[16] which is shown in s27(1) (3) Y JCEA 1999. In conclusion, Bennie is a competent and a non-compellable witness and as such he has no legal obligation to testify in court. However, the prosecution can pass Bennies police statement through the hearsay exception of witness unavailability if he can satisfy all the conditions set out in the provision. B. The evidence that the prosecution wants to adduce are Avrils two previous convictions for theft and two previous convictions for drugs offences involving possession of marijuana with intent to supply. The prosecution wishes to use this evidence to prove that Avril committed the drugs offences she is being charged with. The evidential issue that this raises is bad character evidence. Bad character is defined is s98 of the Criminal Justice Act (CJA) 2003. The key factors of the definition are evidence of, or a disposition towards misconduct on his part, other than evidence which (a) has to do with the alleged facts of the offence charged (b) is evidence of misconduct in connection with the investigation or prosecution of that offence.[17] In assessing the two previous convictions of theft for Avril the evidence has nothing to do with the alleged facts of the current offence that is being charged. The previous offence and the alleged facts are not so closely connected as defined in the case of R v Tirnaveanu [2007][18]. Also, it is not in relations to the investigation or prosecution of that particular offence[19] which is the drugs offences. This shows that her two previous convictions for theft is a bad character evidence which can be admitted through one of the gateways under s101(1)(a) (g) CJA 2003 and expanded on in s102-106 CJA 2003. The first gateway that should always be used is gateway D which can be found under s103 CJA 2003. Gateway D is the relevance to important issue between the defendant and the prosecution[20]. The prosecutions evidence of a defendants bad character is admissible based on its relevance to an important matter in issue between the defendant and the prosecution[21]. An important matter means a matter of substantial importance in the context of the case as a whole[22] as defined in s112 CJA 2003. Section 103(1)(a) is in regards to propensity to commit the offences of the kind that the defendant is being charged with. In the application of this provision to Avrils previous convictions for theft it could be said that she does have propensity for theft but the crime of her previous convictions are not relevant to the matter in issue because they fall under different categories of offences. A case that relates well to s103(1)(a) is Hanson (Gilmore) [2005] [23]. The defendant was charged with theft of goods from a shed, and he had three previous convictions for shoplifting which were admitted on grounds for showing propensity[24]; the offences were similar. Section 103(1)(b) also does not apply to her previous convictions because the provision refers to the propensity to be untruthful which has no obvious similarity to her previous convictions. Therefore, the bad character evidence cannot be admitted through gateway D. If this cannot be admitted through gateway D then Gateway C can be looked at which is under s101(1)(c) CJA 2003. Gateway C is the important explanatory evidence[25]. This gateway reflects the common-law rule which permits background or explanatory material where the account otherwise to be placed before the court would be incomplete and incomprehensible.[26] This simply means in order for the jury to better understand the facts in issue the background evidence should be allowed. A case that refers to this is Phillips [2003] [27]. In Phillips[28], the evidence of the defendants previous threats to kill his wife when he was on trial for her murder were admissible as background evidence[29]. Referring to Avril, her previous convictions for theft cannot be allowed as background evidence to the drugs offences because they fall under different categories. Therefore, her previous convictions for theft is inadmissible under the gateway D and C. It was seen that she also had two previous convictions involving possession of marijuana and intent to supply. Her two previous convictions for drugs offences was seen to be done in the year 2011 and 2014. Her previous convictions have nothing to do with the offence charged. Firstly, the evidence is relevant. The previous offence and the current offence is not so closely connected because there is quite a gap between the years of her previous offence and the current offence; no nexus in time. It is also not an evidence of misconduct relating to the investigation or the prosecution of the offence, therefore it is a bad character evidence. Going through gateway D her previous convictions involving drugs offences show propensity to commit the kind of offence charged.[30] The test for propensity was established in R v Hanson.[31]Where the propensity to commit the offence is relied upon there are three questions to be considered. (i) Does the history of conviction(s) establish a propensit y to commit offences of the kind charged? (ii) Does that propensity make it more likely that the defendant committed the offence charged? (iii) Is it unjust to rely on the conviction(s) of the same description or category; and, in any event, will the proceedings be unfair if they are admitted?[32] Relating this to Avrils two previous convictions for possession of marijuana with intent to supply, her history of her past convictions does show a propensity to commit the kind of offence charged. This is because in 2011 she was convicted for drugs offences as well as in 2014 for the same crime. Avril being in possession of marijuana and intent to supply has a strong similar link to her drugs offence that she is currently being charged with. It can be said that her propensity makes it more likely that she did commit the offence charged because they all share similar features which means there is a strong MO link. Similar features such as the type of offence, the possession of illegal drugs and intent to supply. It will be just to rely on her previous convictions because it shows a high possibility of reoffending based on her propensity. Avrils previous convictions meet all the Hanson criteria which means her previous convictions shows a propensity for her to commit the kind of offen ce charged therefore gateway D is applied. In conclusion, Avrils previous conviction for theft is bad character evidence but it could meet the threshold for gateway D and C which shows the evidence to be inadmissible. Nonetheless, her previous convictions for drugs offences met the criteria for gateway D which means it can be admitted as bad character evidence for the prosecution. C. The evidence is Avrils confession and the prosecution wants to adduce this evidence to prove that she committed the drugs offence that she is being charged with. The evidence is relevant because it is in relations to the issue and the drugs offence charged. The evidential issue that this raises is the admissibility of confession. Section 82(1) of the Police and Criminal Evidence Act (PACE) 1984 gives definition to a confession. According to McAlhone and Stockdale A statement is a confession if, whether oral or written or made by conduct (e.g by video re-enactment), it is at least in part, adverse to its makers interests.[33] It is important to note that confessions are an out of court statement that the defendant made and the prosecution wants to admit it for its truth. This makes the evidence hearsay and as such it is generally inadmissible but there are exceptions to the hearsay rule which is contained in two provisions. The statutory provisions that regulates the admissibility of confessions is s76 and s78 of PACE 1984. S76(1) of PACE lays out the admissibility of the confession made by the defendant as evidence against him/her. The key factors for admissibility under section 76(1) of PACE is (i) the confession should be relevant to any matter in issue and (ii) it is not excluded by the court in pursuance of s76.[34] The court have a discretion to exclude a confession if it falls under the provision of s76(2) of PACE and it is up to the prosecution to prove beyond a reasonable doubt that the confession does not fall under s76(2) of PACE[35]. S76(2)(a) refers to a confession being obtained by oppression. Section 76(8) of PACE explains what constitutes oppression but this is only a partial definition. In R v Fulling[36] oppression was given the oxford dictionary meaning; the oxford dictionary defines oppression as prolonged cruel or unjust treatment or exercise of authority.[37] While Lord Lane in the case of Fulling[38]gave a description of what s76(2)(b) covers. He believed that the confession must be shown to be voluntary in the sense that it was not obtained by fear of prejudice or hope of advantage, excited or held out by a person in authority[39] s76(2)(b) looks at the unreliability of a confession, hence looking at the circumstances of anything said and done on the occasion of confession that would make it unreliable; it also includes things not said and not done which could include omissions, breaches of PACE and associated Codes of Practice[40]. There needs to be a causal link between what was said and done in the circumstance and the confession. Relating this to the issue, Avril made a confession which could be admissible under s76(1) of PACE 1984 because the confession is relevant to the matter in issue. The second factor is the no exclusion by the courts. S76(2)(a) does not apply to Avrils case because it can be seen from the facts of the issue that her confession was not obtained by oppression; there was no exercise of authority or torture or inhuman and degrading treatment done to Avril. Since Avrils confession does not fall under oppression s76(2)(b) can be used. The first fact of the issue was that P.C. Pumpkin forgot to issue the police caution before she was interviewed. The failure to give a police caution is a breach of code C under PACE 1984 as seen in Doolan [1988][41]. The second fact of the issue was Avrils solicitor was not called because of the confusion in the change of police shifts. The right to a solicitor for the accused is found in s56 of PACE 1984[42]. Failure to provide access to a solicitor as required by this provision could lead a person of low IQ who knows little about the process to confess but this may have less effect upon a person who can cope with an interview situation and is aware of his legal rights[43] as seen in R v Alladice (1988)[44]. There is an assumption that Avril is aware of her legal rights because she has had past convictions of the similar offence, therefore her not having a solicitor has little effect on her confession. The third fact of the issue was that Avril was not given any food and drink for 24 hours and became claustrophobic in the police cell and is also diabetic. Her confession is unreliable because she was not given proper rest[45] which can also include the provision of food and drink. A police misconduct is not required. In Walker [1998] [46]the police were unaware of the mental condition of the defendant[47]. The police were unaware of Avrils claustrophobia as well as her diabetes so the police misconduct in regards to this cannot be relied upon. Nonetheless code C does require the police to attend to detained person if the need for attention is urgent. Another provision that protects the accused from unfair proceedings and unfair evidence is s78 of PACE 1984[48]. This provision shows exclusion of unfair evidence by the court if it would have an adverse effect on the fairness of the proceedings[49]. A breach of PACE or the codes may lead to an exclusion, however the breach should be significant and substantial[50]. It will not be appropriate to exclude a confession based on a breach which is inconsequential, for example, failure to provide a solicitor[51]. It was clear that there was a breach of code when the police did not give Avril access to a solicitor but based on an assumption that Avril could handle an interview situation because she has had previous dealings with police interviews from her past convictions the breach may not be substantial enough for the court to exclude it. In conclusion, Avrils confession is unreliable under s76(2)(b) of PACE which can be excluded by the court. This shows that her confession cannot be admissible under s76 of PACE. Nevertheless, it can be admissible under s78 of PACE because her confession was not unfair evidence, therefore it is highly likely the courts will not exclude this, subsequently the prosecution may adduce the evidence through this provision. BIBLIOGRAPHY BOOKS Andrew L-T Choo, Evidence (3rd edn, Oxford University press, 2012) Christina McAlhone and Michael Stockdale, Nutshells, Evidence in a nutshell (3rd edn, Sweet and Maxwell Limited, 2002) Richard Glover, Murphy on Evidence (14th edn, Oxford University Press, 2015) CASES Hanson (Gilmore) [2005] EWCA Crim 824 R v Alladice (1988) 87 Cr App R 380 R v Davis [2008] EWCA Crim 1156 R v Doolan [1988] Crim LR 747 R v Fulling [1987] 2 All ER 65 R v Hanson [2005] EWCA Crim 824 R v L [2009] 1 WLR 626, CA R v Phillips [2003] EWCA Crim 1379 R v Tirnaveanu [2007] EWCA Crim 1239 R v Trussler [1988] Crim LR 446 R v Walker [1998] Crim LR 211 STATUTES Criminal Justice Act 2003 Police and Criminal Evidence Act 1984 Youth Justice and Criminal Evidence Act 1999 WEBSITES Oxforddictionary.com Oppression, https://en.oxforddictionaries.com/definition/oppression accessed 15 March, 2017 TheLawDictionary.org, What is RELEVANT?, http://thelawdictionary.org/relevant/ accessed 8 March 2017 [1] TheLawDictionary.org, What is RELEVANT?, http://thelawdictionary.org/relevant/ accessed 8 March 2017. [2] Richard Glover, Murphy on Evidence (14th edn, Oxford University Press, 2015) p 590 [3] Youth Justice and Criminal Evidence Act 1999 s 53 (1) [4] Youth Justice and Criminal Evidence Act 1999 s 53 (1) [5] Police and Criminal Evidence Act (PACE) 1984 s80 (3) [6] Police and Criminal Evidence Act (PACE) 1984 s80 (3) [7] R v L [2009] 1 WLR 626, CA [8] R v L [2009] 1 WLR 626, CA [9] Andrew L-T Choo, Evidence (3rd edn, Oxford University press, 2012) p 277 [10] Criminal Justice Act 2003 [11] Criminal Justice Act 2003 s116 (2) [12] Youth Justice and Criminal Evidence Act 1999 s16-s17 [13] Youth Justice and Criminal Evidence Act 1999 s17 [14] Youth Justice and Criminal Evidence Act 1999 s17 [15] Youth Justice and Criminal Evidence Act 1999 s23 [16] Youth Justice and Criminal Evidence Act 1999 s27(1)-(3) [17] Criminal Justice Act 2003 s98 [18] R v Tirnaveanu [2007] EWCA Crim 1239 [19] Criminal Justice Act 2003 s98 [20] Andrew L-T Choo, Evidence (3rd edn, Oxford University press, 2012) p 258 [21] Andrew L-T Choo, Evidence (3rd edn, Oxford University press, 2012) p 258 [22] Criminal Justice Act 2003 s112 [23] Hanson (Gilmore) [2005] EWCA Crim 824 [24] Hanson (Gilmore) [2005] EWCA Crim 824 [25] Criminal Justice Act 2003 s102 [26] R v Davis [2008] EWCA Crim 1156 [27]R v Phillips [2003] EWCA Crim 1379 [28] R v Phillips [2003] EWCA Crim 1379 [29] R v Phillips [2003] EWCA Crim 1379 [30] Criminal Justice Act 2003 s103 (1) (a) [31] R v Hanson [2005] EWCA Crim 824 [32] R v Hanson [2005] EWCA Crim 824 [33] Christina McAlhone and Michael Stockdale, Nutshells, Evidence in a nutshell (3rd edn, Sweet and Maxwell Limited, 2002) p 82 [34] Police and Criminal Evidence Act 1984 s76 (1) [35] Police and Criminal Evidence Act 1984 s76 (2) [36] R v Fulling [1987] 2 All ER 65 [37] Oxforddictionary.com Oppression, https://en.oxforddictionaries.com/definition/oppression accessed 15 March, 2017 [38] R v Fulling [1987] 2 All ER 65

Tuesday, November 12, 2019

Calculate the revised product costs for the four pens Essay

1.Calculate the revised product costs for the four pens, based on the activity information collected by Assignment: This case may be completed in groups of two or individually. You are responsible for finding a partner if you choose to complete the case with another student. Purchase and read the Harvard Business School Case: Classic Pen Company: Developing an ABC Model located at the following link: https://cb.hbsp.harvard.edu/cbmp/access/27312446. (Note: The last case for the course, Foxy Originals is also contained in this course pack and should also be purchased for your final case). After reading the case, perform the following: 1.Calculate the revised product costs for the four pens, based on the activity information collected by Dempsey. Prepare this analysis using an excel spreadsheet (please print out the spreadsheet on one page – it should fit). 2.Prepare a new Income Statement, using excel or word, for Classic Pen (by product and in total) using the ABC cost information (please print this out on one page). 3.Compare the ABC Income Statement to the Traditional Income Statement presented in the case. 4.Based on this comparison, write a memo, to me, addressing the actions this new ABC cost information could stimulate Classic Pen to pursue. Be thorough while still maintaining strong business writing skills: conciseness; clarity; critical  thinking; readability; proper use of grammar, punctuation and spelling. The memo should be prepared in Microsoft Word or a comparable word processing application, use 1 inch margins, times new roman 12 point font, single spacing and not exceed 2 pages (this does not include your supporting spreadsheet data 1 and 2 above). 5.Turn in your memo and supporting data in class on Thursday, June 12, 2014. Please note: It is a violation of the academic code of ethics to refer to case notes or solutions obtained through the internet or from people who previously performed the work or studied the class materials, cases or projects. Use of any of these materials will be considered plagiarism. Not only will this not help you on the course exams and CPA exam; it will cheat you of the academic experience. It is the responsibility of every student to report anyone who violates this principle. I reserve the right to request submission in electronic format and have access to plagiarism detection software. You are free to discuss this case with other students; however you (and your partner if applicable) must produce your own set of work to be turned in as your deliverable. Use of someone else’s work in any form will be considered plagiarism and dealt with accordingly. I am available as a resource but I should be viewed as a â€Å"last resort†. I will answer specific questions but I will not frame the deliverable or pre-screen your work prior to submission of your final deliverable. The calculations in this case are quite straight-forward, the more challenging part of the case is framing your response to question 4 and it is good practice for you as current/future business professionals. There is not â€Å"one right answer†; your response should, however, be logical, critically thought out and well communicated. Good luck!! A Note on Business Writing: Effective business writing is critical to your future professional success. In addition, the AICPA evaluates candidates’ writing skills in the computerized Certified Public Accountant (CPA) Exam. Please use this case as a chance to practice your business writing. A great resource to use if you feel you need help in this area is the following: Effective Writing: A Handbook for Accountants; Claire B. May and Gordon S. May; Pearson Prentice Hall. The Uniform CPA Examination consists of multiple-choice questions and condensed case studies called simulations. Each case study simulation will include a writing skills exercise. In this portion of the exam, candidates must read a situation description and then write an appropriate document (â€Å"constructed response†) relating to the situation. The instructions will state what form the document should take (such as a memo or letter) and its focus. The candidate’s response should provide the correct information in writing that is clear, complete, and professional. Only those writing samples that are generally responsive to the topic will be graded. If your response is off-topic, or offers advice that is clearly illegal, you will not receive any credit for the response. Constructed responses will be scored holistically. Scores will be based on three general writing criteria: Organization, Development, and Expression. Organization: the document’s structure, order ing of ideas, and linking of one idea to another: †¢Overview/thesis statement †¢Unified paragraphs (topic and supporting sentences) †¢Transitions and connectives Development: the document’s supporting evidence/information to clarify thoughts: †¢Details †¢Definitions †¢Examples †¢Rephrasing Expression: the document’s use of conventional standards of business English: †¢Grammar (sentence construction, subject/verb agreement, pronouns, modifiers) †¢Punctuation (final, comma) †¢Word usage (incorrect, imprecise language) †¢Capitalization †¢Spelling

Sunday, November 10, 2019

Brief History of Shaheed Udham Singh Essay

Udham Singh, a revolutionary nationalist, was born Sher Singh on 26 December 1899, at Sunam, in the then princely state of Patiala. His father, Tahal Singh, was at that time working as a watchman on a railway crossing in the neighbouring village of Upall. Sher Singh lost his parents before he was seven years and was admitted along with his brother Mukta Singh to the Central Khalsa Orphanage at Amritsar on 24 October 1907. As both brothers were administered the Sikh initiatory rites at the Orphanage, they received new names, Sher Singh becoming Udham Singh and Mukta Singh Sadhu Singh. In 1917, Udham Singh’s brother also died, leaving him alone in the world. Udham Singh left the Orphanage after passing the matriculation examination in 1918. He was present in the Jallianvala Bag on the fateful Baisakhi day, 13 April 1919, when a peaceful assembly of people was fired upon by General Reginald Edward Harry Dyer, killing over one thousand people. The event which Udham Singh used to recall with anger and sorrow, turned him to the path of revolution. Soon after, he left India and went to the United States of America. He felt thrilled to learn about the militant activities of the Babar Akalis in the early 1920’s, and returned home. He had secretly brought with him some revolvers and was arrested by the police in Amritsar, and sentenced to four years imprisonment under the Arms Act. On release in 1931, he returned to his native Sunam, but harassed by the local police, he once again returned to Amritsar and opened a shop as a signboard painter, assuming the name of Ram Muhammad Singh Azad. This name, which he was to use later in England, wa s adopted to emphasize the unity of all the religious communities in India in their struggle for political freedom. Udham Singh was deeply influenced by the activities of Bhagat Singh and his revolutionary group. In 1935, when he was on a visit to Kashmlr, he was found carrying Bhagat Singh’s portrait. He invariably referred to him as his guru. He loved to sing political songs, and was very fond of Ram Prasad Bismal, who was the leading poet of the revolutionaries. After staying for some months in Kashmlr, Udham Singh left India. He wandered about the  continent for some time, and reached England by the mid-thirties. He was on the lookout for an opportunity to avenge the Jalliavala Bagh tragedy. The long-waited moment at last came on 13 March 1940. On that day, at 4.30 p.m. in the Caxton Hall, London, where a meeting of the East India Association was being held in conjunction with the Royal Central Asian Society, Udham Singh fired five to six shots from his pistol at Sir Michael O’Dwyer, who was governor of the Punjab when the Amritsar massacre had taken place. O’Dwyer was h it twice and fell to the ground dead and Lord Zetland, the Secretary of State for India, who was presiding over the meeting was injured. Udham Singh was overpowered with a smoking revolver. He in fact made no attempt to escape and continued saying that he had done his duty by his country. On 1 April 1940, Udham Singh was formally charged with the murder of Sir Michael O’Dwyer. On 4 June 1940, he was committed to trial, at the Central Criminal Court, Old Bailey, before Justice Atkinson, who sentenced him to death. An appeal was filed on his behalf which was dismissed on 15 July 1940. On 31 July 1940, Udham Singh was hanged in Pentonville Prison in London. Udham Singh was essentially a man of action and save his statement before the judge at his trial, there was no writing from his pen available to historians. Recently, letters written by him to Shiv Singh Jauhal during his days in prison after the shooting of Sir Michael O’Dwyer have been discovered and published. These letters show him as a man of great courage, with a sense of humour. He called himself a guest of His Majesty King George, and he looked upon death as a bride he was going to wed. By remaining cheerful to the last and going joyfully to the gallows, he followed the example of Bhagat Singh who had been his beau ideal. During the trial, Udham Singh had made a request that his ashes be sent back to his country, but this was not allowed. In 1975, however, the Government of India, at the instance of the Punjab Government, finally succeeded in bringing his ashes home. Lakhs of people gathered on the occasion to pay homage to his memory.

Friday, November 8, 2019

Howards End as a realistic no essays

Howards End as a realistic no essays Howards End by E.M. Forster was written in 1910. It is considered to be a realistic novel presenting the English society during the early twentieth century in many aspects including social, economical, philosophical forces and mood reflecting the English people. Forster uses Howards End as a symbol of England, with its rural past and its more urban future, its quintessential English-ness, and its role in the lives of most of the main characters.(Sparknotes) The story reveals the plausible relationship and actions of people in different classes of the society who explore the changes taken place in Edwardian Era. The use of symbolism can be found throughout the book for the purpose of expressing the society in certain aspects. To one extent, the novel also gives clues to the future of England in the sense that which class of people would come to define the nation. To begin with the characters presented in the novel. Forster makes all the characters as realistic as possible. All the characters in Howards End portray the different social classes of England in the early years of twentieth century. There are three major families representing three different classes and ideologies: the Schlegels, the Wilcoxes and the Basts. Obviously, these three groups are set against one another in relief, gradually intertwining their stories. The Schlegels are the major focus of the book. Historically, they represent the liberal social attitudes of the Edwardian era then emerging in England after the death of Queen Victoria. The Schlegels consist of mainly three characters: Margaret Schlegel, Helen Schlegel and Tibby Schlegel. Margaret is a twenty-nine years old woman who plays as the chief protagonist of the story. She is the oldest sister of the family, having a younger sister Helen and the youngest brother Tibby. The Schlegels are the mixture of English and German heritage, representing the liberal, idealistic and ...

Wednesday, November 6, 2019

The other side of the bridge Essays

The other side of the bridge Essays The other side of the bridge Paper The other side of the bridge Paper The Lunette received a telegram stating Eric and Gunter had been They found out later that Carl was missing but had been found dead. This was very hard for Arthur to hear about his friends because they were out there fighting for their country while he stayed in Straus. It was difficult for Arthur to carry on knowing his three friends would never return home. Another one of Arthur friends, Ted Hatchet who fought in the war as well returned home safe but was badly injured. Ted committed seclude shortly after returning home from Straus on Ted Hatchet had shot himself (314). This was another loss off friend for Arthur. Ted and Arthur had grown close and he made many visits to Ted. When Ted passed away this brought back the memories of loosing his other friends, Tees death also helped Arthur look at things and life In a new perspective. A huge loss In Arthur life was when his father was killed In a tractor accident. This came as a shock to the whole family especially Arthur As for Arthur, he had no words (193). He had lost his father but also his friend. They became closer while working on the fields together and were similar In many ways. This put a lot of pressure on Arthur having to take on running two farms on his own. Arthur father was the only other person who stood up and believed in Arthur. He also saw through Jake just like Arthur did. He lost a part of himself when his father passed. The Christopher family experienced a different type of loss caused by divorce. Nans mom ran off with his geography teacher because she fell out of love with Nans father. Ian asked his mother If I wont go will you go anyways? (66). At that moment Ian felt abandoned by his mother because she chose someone else Instead of him. He missed having her there everyday taking care of the family. After she left Ian experienced emptiness In his life, in the house and with his father. Nans father had become depressed about the absence of his wife. His wife left him which took him by surprise. It took him awhile to get over the loss but he used his worktop distract him from his new home life. He blamed himself . .. Let Is my fault really (95). He didnt know how to carry on with his new life with Just him and Ian. Nans mom experienced 1 OFF a great loss as well . Seen lost near son Ana near unsound. En let Straus on ten wrong tot on Nans mom was trying to say goodbye before leaving to Toronto, Darling how can I go if you wont say goodbye? (69). She had to live with that everyday. She even tried calling Ian and writing him letters but she was shut out of his life. She had a new life that Ian wasnt a part of. Laura Dunn experienced the loss of many loved ones. When Carter died it was a hard loss for Laura. She was the re when it happened and she saw the whole thing on it describes His body somersaulted right over the top of the car (344). Not only was Carter her first born child but he was Sakes child as well. Carter was the only connection she had left to Jake. Laura also lost Jake when he left Straus without an explanation only a note saying Sorry to go without saying goodbye. Love Jake (317). Laura was head over heels in love with Jake and he left her without a proper goodbye. She gave everything to Jake which lead to her pregnancy with Carter. She was all alone with a baby on the way and a broken heart. She had no one in Straus and didnt know anyone except for Arthur. Arthur was the greatest loss for Laura. Laura hated the fact that Arthur wasnt sure that her love towards him was real or if he still loved Jake. Laura said l want you to know,now, while Arthur is still here, that I love him. And I loved him then (350). Laura wanted Arthur to understand that he meant more to her then he could ever imagine and that she loved him the way he had always loved her. The characters deal with loss in the book Theorem Side Of The Bridge that effect them mentally and emotionally. With the loss of Arthur friends who fought in the war and his father, the impact of a divorce in the Christopher family and all the loss of loved ones close to Laura, the characters learn to cope and carry on with their lives.

Sunday, November 3, 2019

Disadvantage of building an energy producing waste burning disposal Essay

Disadvantage of building an energy producing waste burning disposal plant in washington DC - Essay Example However, according to Curlee et al. (1994), WTE facilities have encountered questions about reliability and safety. These contradicting arguments are the main theme of this essay. This will examine the disadvantages of waste-to-energy facilities and if it is suitable to use in Washington D.C. The trouble is environmental degradation. It is said that the emissions from waste to energy plants can potentially expound the problem on air pollution. Furans, dioxins and other carcinogenic compounds are the main waste products of this type of process (Curlee et al., 1994). Gas emissions and metal particles which blend to the environment would lead to environmental imbalance. Furthermore, WTE plants use water for â€Å"boilers and in cooling.† The water, if discharged, can also harm aquatic life and makes its way to the food chain. This is alarming since both health and environment would be at risk. Cost-efficiency is also a problem wherein the maximized utilization of this process is only for steam and electricity and would be less operational for other needs (Recovered Energy, n.d.). It does not also make use of all types of wastes; thus sorting out would be a hassle. Another thing is the cost of the facilities. It has been reported that â€Å"60 megawatts of electricit y from about 2,250 tons of trash daily would cost about $350 million† (Combs, n.d.); too expensive for waste management process. A study by Lux Research Inc. (n.d.) stated the major challenges of the technology would include lack of versatility and waste-gas clean up. Many WTE technologies were â€Å"designed to handle one or few types of wastes.† Such technology needs exact sorting of all waste materials which is a hard thing to do, since determining the components of waste materials would require time and effort. Washington D.C. is a highly progressive district. The place has a lot of business establishments and consequently has a growing number of populations. Having WTE facilities

Friday, November 1, 2019

The Brand Identity Worksheet Essay Example | Topics and Well Written Essays - 1250 words

The Brand Identity Worksheet - Essay Example Excellence in craftsmanship Durability Difference in design from other brands Relevant with changing trends Excellence, Perfection and Exclusivity (Rolex.com, 2012,p3) Luxury Items and Luxury watches Pioneers of perpetual self winding springs, pioneers of the oyster shell waterproof technology, the first company to be Kew ‘A’ certified. (Rolex.com, 2012,p3)They are masters of perfection in watch works. Perfection, durability, accuracy, precision, world class customer support, prestige and recognition. (Rolex.com, 2012,p3) Class, Social status, Jazzy style statement, Affluent life style, brand-conscious The brand uses authoritative language in that they are the masters of perfection and the first in the business to make wrist watches that achieved impeccable perfection Be specific The text is in white against a green background with a crown in golden colour. Visual style is old-school, aristocratic and symbolic of something which is an antique. Visual style is monarchic, commanding, clear and distinct A crown for every achievement Eric Clapton, Vijay Amritraj - the ambassadors for Rolex.