Foundation of Criminal Law Assignment Example | Topics and Well Written Essays - 1000 words

Foundation of Criminal Law - Assignment Example Recklessness may constitute offenses that involve considerable danger to another person or against property. N.P. Metcalfe and A.J. Ashworth, in their case commentary, Arson: mens rea - recklessness whether property destroyed or damaged’ (2004) Crim L R 369, analyse and critically evaluate the decisions of the House of Lords in R v G [2003] UKHL 50; [2004] 1 A.C. 1034 and R. v Caldwell (James) [1982] A.C. 341. This paper will briefly identify the key arguments that were advanced in the commentary and discuss whether Metcalfe and Ashworth’s critical evaluation of the tow decisions is persuasively argued. In the case of R v Caldwell, Metcalfe and Ashworth comment that throughout the judgement of R v Caldwell, Lord Diplock appeared to only address his mind to the class of defendant who would normally have the capacity of foreseeing the risk. They thus argue that this narrow focus in the case is what subsequently led to the arising of the problems in this case. They further comment that the House of Lords did not consider particular classes of defendant who would not be able to foresee any risk, even though they could have been asked to think about foreseeing. Metcalfe and Ashworth also made a commentary in the decision of the House of Lords relating to mens rea and which was quite related to the case of R v Caldwell; this was the case of R v G. In this case, the issue was whether the children of eight or more years are able to have an understanding of the difference between right and wrong, and if the test of â€Å"obviousness† might operate fairly for the defendants who were of 11 and 12 years age if they were held to similar standard as reasonable adults. 4 The House of Lords in this respect stated that a person can be considered to act â€Å"recklessly† if: he is in a circumstance that he is aware that a risk will or exists; in a result when he is aware that a risk will happen; and if it occurs to him that it is unreasonable to take risk, in circumstances that are known to him.5 Moreover, in their commentary, Metcalfe and Ashworth noted how the House of Lords in R v G departed from the House of Lords’ decision in R v Caldwell. Metcalfe and Ashworth argue that Lord Diplock’s ruling in R v Caldwell could not be supported by statutory interpretations, as both Lord Bingham and Lord Steyn clearly spelt out in R v G. Besides, they comment that the considerations in R v Caldwell not only misinterpreted the statute, but also went against the principle that require subjective mens rea for serious crime conviction, and which led to unfair results that may not be either just or moral. They also point out how application of the decision in R v Caldwell would amount to injustice as it violates the UN Convention on the Rights of the Child.6 Metcalfe and Ashworth acknowledge in their commentary that the meaning of â€Å"recklessness† cannot only be applied in the Criminal Damage Act as had seemed to be implied in R v Caldwell. They note that Lord Bingham in the case of R v G though that Lord Diplock and other majority members in R v Caldwell were so set in the course to an extent that they cou ld not have reached a different outcome regarding the case involving the capacity of children and young persons. Metcalfe and Ashworth argue that their was stubbornness in the interpretation of â€Å"reckless† in R v Caldwell and other similar cases in 1980s, a

THE ARTICLES AND THE MEMORANDUM FORM A CONTRACT BETWEEN THE COMPANY Essay

THE ARTICLES AND THE MEMORANDUM FORM A CONTRACT BETWEEN THE COMPANY AND ITS MEMBERS. DISCUSS WITH REFERENCE TO RELEVANT STATU - Essay Example In this regard, the law relative to the memorandum of association prior to the enactment of the Companies Act 2006 is relevant to this study. Suffice it to say for present purposes that the extent to which the articles and memorandum forms a contract between the members and the company are reflected by the functions of each document. The memorandum’s functions have been altered, but its historical significance continue to be applicable as it has been resurrected and placed within the articles of association. Prior to the implementation of the Companies Act 2006, the memorandum defined the company’s external charter while the articles define the company’s internal charter. Ultimately, the memorandum and articles of association functioned together to determine the member’s commitment to the company’s goals and objectives and how the members will and can facilitate those goals and objectives. ... Instead of referring to the memorandum and articles of association, it merely attributes the contractual basis to the company’s constitution. Elsewhere in the 2006 Act, the company’s constitution is described as the articles of association. This essay analyses the contractual role of the articles and memorandum association in binding the members to company. I. The Memorandum of Association A. The Contractual Nature of the Memorandum of Association Prior to the Companies Act 2006 All UK companies are required to have a memorandum of association.5 Under the Companies Act 1985, the memorandum of association was required to specifically state the company’s objects and constitution.6 Recent reforms promulgated by the Companies Act 2006 have effectively reduced the memorandum of association to a mere shell of its former contractual significance. The current memorandum of association is no more than a simple instrument reflecting basic information such as the companyâ⠂¬â„¢s name, its registered office in the UK, share capital and shareholder liability. Even so, the memorandum of association has historical significance in that its main contractual basis has been transferred to the articles of association. Therefore the common law relative to the members’ commitment to the company’s objects under the memorandum of association are now relevant to the same commitment under the articles of association. Moreover, the share capital and limitation of liability as stated in the memorandum of association are also important parts of the members’ contractual relationship with the company that they form. Under the Companies Act 1985, the Memorandum of Association set out the objects of the company and the purposes for which it was formed.7 Section 2 also provides

China Economic Growth Since 1949 Research Paper

China Economic Growth Since 1949 - Research Paper Example In 2010 Republic’s per capital GDP was $7, 544. The coastal areas of china are being the major part of its economic importance rather than hinterlands which are under developed. After the founding of Republic of China in 1949, the first three decades carried out under planned economic targets. Whereas the last three decades, mainly the result of the radical reform of its economic system. While watching through lens, China’s economy is facing major challenges. For every country being powerful, It should have improved technologies, far better resources, war technology, competent laborer, a small amount corruption and crime. This stuff isn't only with china but additionally through India that has enormous natural assets, many experts, and India being the largest consumer of arms and ammunition among all of the developing countries, but even then the fact India lagging behind and why china is at front of each developing country? How come china a much more powerful economy? Here are a few within the basic causes of china being the fastest growing economy (Carsten, 2003). Economic strategy within the first 30 years following the founding of PRC in 1949, the Chinese government completed quite organized economy; goals and proportion for a number of spheres of economic progression were established through the "planning committees" from the state. Industrial facilities produced goods based on state plans, and farmers planned and planted crops also based on state plans. Commercial sectors replenished and sold their stocks based on state plans, and also the qualities, quantities and costs of the goods fixed by organizing departments. This technique added towards the stable, planned growth and development of China's economy, it organized the introduction of the economy and sapped its vitality. During last 30 years when private possession of companies rarely existed once these reforms began, private firms currently take into account about 60% of overall product ion. As ownership, is just one aspect of the financial system? China’s financial system has transformed significantly in different ways too. Decision-making about consumption and production has typically been decentralized to individual households and firms, respectively; financial incentives, markets, competition, and internationalization need to a substantial extent replaced command, management processes, monopoly, and autarky. In most cases, China’s reform period is a marked contemporary instance of the traditional lesson that unleashing individual effort has a tendency to strengthen economic development . The question â€Å"why china is growing so fast?† is easy to answer while looking critically at the state control of all productive assets. In 1978, Chinese government embarked on a great program of economic reform.  In an effort to awaken a dormant economic giant, this motivated the formation of rural enterprises, private businesses, liberalized overseas trade and investment, peaceful state management over a few prices, invested in industrial production and the education of its labor force. By nearly all accounts, the tactic has worked spectacularly. During pre-1978 China saw annual development of 6%, while in post-1978 China spotted actual median development of more than 9 % annually. In a number of peak years, the economy increased a lot more than 13 %. Per capita income has nearly quadrupled within the last many years, and some analysts are even predicting how the Chinese economy is going to be higher than those of America in two decades. Such growth rate can compare very favorably to the particular "Asian tigers" Hong Kong, Korea, Singapore, and Taiwan Province of China, which likes a group, had a typical rate of growth of 7-8 % during the last many year

Kudler Fine Foods Essay Example | Topics and Well Written Essays - 500 words

Kudler Fine Foods - Essay Example Although Kathy’s store concept is great and she has no direct competition- her overwhelming responsibilities are hindering her efforts as the general manager of her store. In order for Kudler Fine Foods to expand into new geographical areas, Kathy Kudler must redefine her organization and utilize effective time management to increase her personal time efficiency as well as her staffs. In order for the Kudler store to expand and allow for great overall efficiency and time management a number of factors must be corrected. Right now Kathy is in charge of all ordering and product control, this will be cumbersome as the product line increases along with consumer demand. Kathy must develop a centralized management and control of the products, assortments, and pricing. Secondly, she must delegate the task of supply management to one manager to include product buys and invoice matching. There are several software companies such as Aldata that offer a complete software interface to int egrate the inventory controls. (www.aldata-solution.com) Thirdly, Kathy must optimize inventory levels by utilizing demand forecasting, and take account of the products expiry dates and ensure that her perishable items are being purchased instead of wasted away.

Essay Convsersion Example | Topics and Well Written Essays - 1000 words

Convsersion - Essay Example ngers to know the exact location of the city buses they intend to board, using GPS network, and thus to avoid longer waiting periods in the cold and rain. Our project idea won the competition and our professor for the marketing subject even went to the extent of advising us to propose the idea to the London Transport Authority. Personally, I was in complete agreement with him. Initially all the four of us were fired up with enthusiasm but eventually my colleagues lost interest in pursuing the idea, overcome by heavy school work and imagined bureaucratic hurdles. I followed the herd, killed my own instinct and dropped the idea altogether. In hindsight, as I see the proliferation of GPS applications now, I realize how I have lost a golden opportunity in not pursuing my own instincts – a lesson well learnt from a mistake. Coming to the second episode, after completing undergraduate degree, most of my fellow students were scrambling for jobs and accepting offers that came their way. On the other hand, I was watching with interest the globalization process and the emergence of China on the world economic scene and felt that in this changed scenario, familiarity with the Mandarin language would be of immense help in the coming days. At that time, I had the option either to accept an offer from an investment bank where I had successfully completed internship earlier or to go to Beijing to learn Mandarin, following my inner convictions. I chose the later option and do not regret it. It proved as one of my best self-improvement investments, as I had to deal with Chinese clients both in my earlier stint with a New York investment bank and after joining my family business here in Singapore. Aptly enough, this response follows upon the previously related incidents and has continuity with them. Before joining my present job, I worked for four years in a couple of comfortable jobs in international banking. They had all the fun of high profile jobs – lot of travelling

Swot Analysis of Car Company SAAB Essay Example | Topics and Well Written Essays - 500 words

Swot Analysis of Car Company SAAB - Essay Example The company is currently operating in narrow market and therefore has small and limited target market. Another weakness of the company is that, it is offering limited number of vehicles as compared to other large automobile companies in the industry. From the start the company has been owned and overtaken by different organizations (Reuters; Saab Automobile Press Office), therefore there is no stable organizational culture or practices in the company. This shifting have also resulted in negatively affecting the brand image of the company as the company has not been able to build a consistent brand image.  There is high opportunity for the car company if it expands its product portfolio and comes up with fuel efficient and environment friendly vehicles. The company can expand its market share with the help of new ideas and innovative vehicles.There are increasing political and government regulations in the automotive industry. Almost all automobile companies are facing the issue of increase regulations on part of the government. These legal and political regulations are being affecting the status of the automotive industry from the year 1960. Most of the recent regulations and rules have been influenced from the increasing concerns about the environment. Apart from this there are increasing taxes and duties from the government. There are also considerable amount of subsidies offered by the government for the companies operating in automotive industry (Plunkett Research). Like any other industry, the automotive industry is also affected by the recent economic crisis. The economic recession has resulted in decreasing the demand of the vehicles leading to the issue of excessive capacity. The companies are looking for different methods in order to achieve economies of scales. For this purpose, most of the automobile companies are either diversifying into other related businesses or are going for mergers and strategic alliances (Global Foresight). The social and cu ltural preferences are changing rapidly. Car or vehicle is perceived to be the status symbol in the society. Apart from this the consumers are reluctant to spend more money due to the recent economic crisis and are looking for economical cars and vehicles.

Cooperative learning groups Essay Example | Topics and Well Written Essays - 2750 words

Cooperative learning groups - Essay Example The researcher states that scholars, educators, and school officials have become more and more interested in students’ performance in mathematics. Several studies have reported that, starting from middle school, girls are prone to develop more unconstructive attitudes towards math and score low on standardized exams. Moreover, a significant relationship has been found between performance and attitudes. Certain factors that are associated with performance of students in math comprise learning experiences, sense of belongingness, racial or ethnic affiliation, gender, self-worth, stereotyping and attitudes. National Council of Teachers of Mathematics claimed that instruction, competent educators, high expectations and equity should be awarded to every learner. By doing so, performance of students in math has a better chance to progress. The topics crucial for every student are usually included in Geometry, Algebra I and Algebra II subjects. However, only 62 percent of the overall population of high school graduates in 2000 finished three years of math in a manner that successfully introduced them to this integral content. This figure implies that students are not gaining the knowledge and proficiency they should possess to perform well in the world outside schooling. In fact, of roughly 70% pupils who promptly advance to college, approximately 28% should enroll in refresher or remedial programs in math or English. Moreover, a significant number of fourth grade and eight grade students poorly performed in the National Assessment of Educational Progress (NAEP) in 2003. (DiMaggio, 2001, p. 5). Every state that participated in the NAEP 4th grade math assessment test in 2000 and 2003 reported improvements in mean scores. Among the states that participated in the NAEP 8th grade assessment test in 2000 and 2003, the mean scores improved in numerous states (DiMaggio, 2001, p. 5). In a nutshell, the mean scores at all grade levels improved. Such progress is inspirin g and rewarding but the scores still show the unsatisfactory outcome of collaborative attempts to greatly improve the performance of all students. To sum up, the performance of students in math is not where they should be when measured up to the nation’s standards, the achievement levels of their international counterparts and their capacity to function well beyond high school (Strebe, 2009). The nation needs individuals that is capable of performing in the contemporary world, which implies that new teaching and learning strategies are needed to achieve the desired outcomes in math and other major subjects. Cooperative Learning Groups Learning has traditionally been focused on ‘competition’, hence, the emergence of cooperative learning. Cooperative learning is a model of instruction where small groups composed of learners of distinct capability levels team up to achieve common objectives and take full advantage of their potentials. Cooperative learning facilitate s individual responsibility within the framework of cooperation or group dynamics (Williams, 2002). Teamwork is an important component of the attainment of learning objectives of the course. In the context of cooperative learning, the learning is planned and organized to ensure that learning is actually occurring (Kagan, 1994). The teacher picks the groups to think about a multitude of perspectives, capabilities, ethnic/racial affiliations, gender and other attributes. Furthermore, cooperative learning builds a classroom partnership and harmonizes individual responsibility and interdependence. Because the task of the group is incomplete until every member has accurately and clearly understood the topic, every student is contributing to the attainment of a shared objective. With every student accountable to a specific part of the