Articles Of Confederation (376 words) Essay Example For Students

Articles Of Confederation (376 words) Essay Articles of ConfederationArticles of ConfederationAs the main composed constitution of theUnited States, the Articles of Confederation made a lawmaking body whereeach state was spoken to similarly. The Congress had locale overforeign relations with the position to shape unions and make treaties,make war and harmony, continue a military and naval force, coin cash, build up a postalservice, make office of the chief naval officer courts, and settle questions between states. Thus,the power vested in Congress permitted it to work with moderate controlover the states. Another fruitful point was in the recompense ofequal casts a ballot in Congress for each state and the declaration that most decisionsbe chose by larger part vote. Be that as it may, through these articles, the UnitedStates government did not have an adequate arrangement of tax assessment. Under the Articlesof Confederation the Congress had no capacity to burden the states, rather itdepended on gifts by the states. The states wanted moderate governmentinvolvement and therefore, were rebuffed by the possibility of bureaucratic tax assessment. Lackingin sufficient subsidizing, expansion before long overpowered the country. Anotherobstacle in compelling overseeing was that The Articles didn't concede Congressthe capacity to authorize its laws, rather relying upon intentional complianceby the states. Instead of official and legal branches, The Articlescreated a wasteful advisory group framework fanning out of Congress. In particular, any revision to the Articles of Confederation requiredthe approval by all the states, a measure that essentially eliminatedany possibility of progress. The negatives of The Articles graduallymagnified. The British would not empty from fortresses in the AmericanOld Northwest. At last, Shays disobedience in Massachusetts symbolizedthe weakness of the country, and insufficiency of the Articles of Confederation. Albeit, a few states contradicted an extreme change in administrative structure , itwas unavoidable by 1787. The Articles of Confederation providedeffective administration of extension for the United States. It additionally gave Congressample authority over direction of the nation. Be that as it may, The Articles wereinsufficient in a few significant issues. Without an official branchthe nation did not have an unmistakable, conclusive pioneer. The Congress had nopower to lay and gather charges, nor did it have the ability to enforceits laws, making it for all intents and purposes reliant on the states. On issues of amendmentThe Articles pretty much ruled out change, depending on a consistent decisionto adjust it. Notwithstanding, achievement in extension arrangements, The Articles of Confederationwas a disappointment in making a prosperous and viable nation that couldsupport and protect itself and its kin.

Mcdonalds Corporation Is The Worlds Largest Chain Marketing Essay

Mcdonalds Corporation Is The Worlds Largest Chain Marketing Essay McDonalds Corporation is the universes biggest chain of drive-through eateries, serving almost 47 million clients every day through in excess of 31,000 cafés in 119 nations around the world. McDonalds sells different cheap food things and soda pops including, burgers, chicken, plates of mixed greens, fries, and frozen yogurt. Numerous McDonalds eateries have incorporated a play area for youngsters and publicizing intended for kids, and some have been updated in an increasingly characteristic style, with a specific accentuation on comfort: presenting lounge regions and chimneys, and dispensing with hard plastic seats and tables. Each McDonalds eatery is worked by a franchisee, an associate, or the company itself. The organizations incomes originate from the lease, sovereignties and charges paid by the franchisees, just as deals in organization worked eateries. McDonalds incomes became 27% over the three years finishing in 2007 to $22.8 billion, and 9% development in working pay to $3.9 billion.â [1]â History investigation: The business started in 1940, with a café opened by siblings Dick and Mac McDonald in San Bernardino, California. Their presentation of the Speedee Service System in 1948 set up the standards of the cutting edge drive-thru eatery. The first mascot of McDonalds was a man with a gourmet specialists cap on a burger formed head whose name was Speedee. Speedee was in the long run supplanted with Ronald McDonald in 1963. The current partnership dates its establishing to the opening of a diversified café by Ray Kroc, in Des Plaines, Illinois on April 15, 1955 , the ninth McDonalds eatery in general. Kroc later bought the McDonald siblings value in the organization and drove its overall development and the organization got recorded on the open securities exchanges in 1965. With the extension of McDonalds into numerous universal markets, the organization has become an image of globalization and the spread of the American lifestyle. Its conspicuousness has likewise made it a continuous subject of open discussions about corpulence, corporate morals and shopper responsibility.â [2]â Vision To be the best and driving cheap food supplier around the world Strategic McDonalds brand strategic to be our clients most loved spot and approach to eat, and improve our activities to give the most tasty cheap food that live up to our clients desires. Qualities Our qualities summed up in Q.S.C. V.. Give great quality, administrations to client. Have a neatness domain when client makes the most of their supper. The estimation of food item makes each client is grinning. Providers Substitutes Purchasers Potential contestants Serious rivalryThe Five Forces Framework The Threat of Entrants Huge built up organizations with solid brand personalities, for example, McDonalds BKC, YUM, and WEN do make it increasingly hard to enter and prevail inside the commercial center; new participants find that they are confronted with cost rivalry from existing chain cafés. Dealing Power of Buyers Low dealing intensity of purchasers. Dealing intensity of providers Dealing intensity of providers inside the cheap food industry would be generally little, except if the fundamental element of the item isn't promptly accessible. Danger of Substitutes This could go from a serious drive-through joint to family eatery to a home prepared feast. Serious Rivalry The quality of rivalry in this industry is exceptionally high; the fundamental adversaries are BKC, YUM, and WEN. They rival universal, national, territorial, nearby, retailers of food items (cafés, snappy assistance, pizza, coffeehouses, and grocery stores). PESTEL Framework: Political: The worldwide tasks of McDonalds are profoundly affected by the individual state arrangements implemented by every administration. Monetary: McDonalds tends to encounter hardship in occasions where the economy of the particular states is hit by expansion and changes in the trade rates. Market pioneer. High objective market. Minimal effort and more livelihoods. The rate at which the economy of that specific state develops decides the buying intensity of the customers in that nation. Social: Working inside numerous social gatherings. Increment livelihoods. Innovative Trend setting innovation improvement. Quality measures. Ecological: Quality pressing. Neighborhood produce utilizing outside provisions. Legitimate: Enactment for item. Supported logo. SWOT ANALYSIS Openings Dangers Developing wellbeing patterns among buyers Globalization, development in different nations (particularly in China India). Expansion and securing of other brisk help eateries. Development of the cheap food industry. Overall deregulation. Minimal effort menu that will pull in the clients. Complimentary gifts and limits. Wellbeing experts and shopper activists blame McDonalds for adding to the countrys medical problem of elevated cholesterol, cardiovascular failures, diabetes, and stoutness. The connection between corporate level McDonalds and its establishment vendors. McDonalds contenders undermined piece of the overall industry of the organization both globally and locally. Against American conclusions. Worldwide downturn and fluctuating remote monetary forms. Inexpensive food tie industry is required to battle to meet the desires for the clients towards wellbeing and ecological issues. Quality Shortcoming Solid brand name, picture and notoriety. Huge piece of the pie. Solid worldwide nearness. Specific preparing for administrators known as the Hamburger University. McDonalds Plan to win centers around individuals, items, spot, cost and advancement. Solid budgetary execution and position. Undesirable food picture. High Staff Turnover including Top administration Client misfortunes because of wild rivalry. Lawful activities identified with medical problems; utilization of trans fat hamburger oil. Utilizations HCFC-22 to make polystyrene that is adding to ozone consumption. Overlooking breakfast from the menu. COMPARISION McDonalds Burger King Yum Brands Wendys Basic Success Factors Weight Rating Weighted Score Rating Weighted Score Rating Weighted Score Rating Weighted Score Cost 0.15 4 0.60 3 0.45 3 0.45 3 0.45 Budgetary Position 0.08 4 0.32 3 0.32 3 0.24 2 0.16 Shopper Loyalty 0.10 4 0.40 3 0.40 3 0.30 2 0.20 Promoting 0.10 3 0.30 3 0.30 4 0.40 2 0.20 Item Quality 0.10 4 0.40 3 0.40 4 0.40 2 0.20 Advancement 0.15 3 0.45 3 0.45 3 0.45 2 0.30 Piece of the pie 0.10 4 0.40 2 0.20 3 0.30 2 0.20 The executives 0.07 4 0.28 3 0.21 3 0.21 3 0.21 Worldwide Expansion 0.15 4 0.60 2 0.30 3 0.45 1 0.15 All out 1 3.75 3.03 3.20 2.07 Outer Factor Evaluation (EFE) Matrix Key External Factors Weight Rating Weighted Score Openings Developing wellbeing patterns among shoppers 0.08 3 0.24 Globalization, extension in different nations (particularly in China India). 0.12 4 0.48 Enhancement and securing of other snappy assistance cafés. .04 3 0.12 Development of the inexpensive food industry. .10 3 0.30 Overall deregulation .04 2 0.08 Ease menu that will pull in the clients. .08 2 0.16 Complimentary gifts and limits. .08 1 0.08 Dangers Wellbeing experts and customer activists blame McDonalds for adding to the countrys medical problem of elevated cholesterol, cardiovascular failures, diabetes, and corpulence. 0.10 3 0.30 The connection between corporate level McDonalds and its establishment sellers. 0.09 3 0.27 McDonalds contenders undermined piece of the overall industry of the organization both universally and locally. 0.12 4 0.48 Against American conclusions. .07 2 .14 Worldwide downturn and fluctuating remote monetary forms. .04 3 .12 Inexpensive food tie industry is relied upon to battle to meet the desires for the clients towards wellbeing and natural issues. .04 2 .08 All out 1.00 2.85 Money related Ratio Analysis 12/2007 Development Rates % McDonalds Industry SP 500 Deals (Qtr versus year prior qtr) - 3.30 4.20 - 3.80 Net gain (YTD versus YTD) 84.70 47.90 8.40 Net gain (Qtr versus year prior qtr) - 22.60 - 59.90 - 94.80 Deals (5-Year Annual Avg.) 6.53 8.14 13.26 Net gain (5-Year Annual Avg.) 23.39 15.30 14.45 Profits (5-Year Annual Avg.) 32.36 22.36 12.30 Value Ratios Current P/E Ratio 14.7 14.2 13.0 P/E Ratio 5-Year High N/A 9.5 12.5 P/E Ratio 5-Year Low N/A 4.7 2.0 Value/Sales Ratio 2.62 1.88 1.47 Value/Book Value 4.62 3.54 3.00 Value/Cash Flow Ratio 11.20 10.00 9.00 Overall revenues % Net Margin 36.7 32.1 39.4 Pre-Tax Margin 26.2 17.2 13.2 Net Profit Margin 18.3 12.0 9.1 5Yr Gross Margin (5-Year Avg.) 33.9 33.3 39.1 5Yr PreTax Margin (5-Year Avg.) 19.8 14.2 16.6 5Yr Net Profit Margin (5-Year Avg.) 13.7 9.8 11.45 Budgetary Condition Obligation/Equity Ratio 0.76 .80 1.03 Current Ratio 1.4 1.2 1.4 Snappy Ratio 1.3 1.1 1.1 Intrigue Coverage N/A 1.2 29.9 Influence Ratio 2.1 - 5.3 1.9 Book Value/Share 12.00 10.00 19.75 Speculation Returns % Profit For Equity 32.2 44.4 27.9 Profit For Assets 14.9 11.3 8.1 Profit For Capital 17.0 13.7 11.2 Profit For Equity (5-Year Avg.) 19.7 22.8 20.6 Profit For Assets (5-Year Avg.) 10.0 8.98 8.5 Profit For Capital (5-Year Avg.) 11.4 11.0 11.5 The executives Efficiency Pay/Employee 10,783 9,401 91,499 Income/Employee 58,806 98,207 1,000,000 Receivable Turnover 23.7 44.7 15.8 Stock Turnover 125.7 98.7 12.3 Resource Turnover 0.8 1.1 1.0 Inside Factor Evaluation (IFE) Matrix Key Internal Factors Weight Rating Weighted Score Qualities Solid brand name, picture and notoriety. 0.12 4 0.48 Enormous piece of the overall industry. 0.10 4 0.40 Solid worldwide nearness. 0.04 3 0.12 Particular preparing for supervisors known as the Hamburger University. 0.04 3 0.12 McDonalds Plan to Win centers around individuals, items, spot, cost and advancement 0.12 4 0.48 Solid money related execution and position. 0.08 4 0.32 Presentation of new items

Recovering from the Global Financial Crisis - Free Essay Example

In the current situation of recovery of the global crisis, most consumers assess the value of the service they receive against the value of money they spend. Consumer perception of the service quality and the ways to improve the service quality are of vital important to the sustainability and profit of any organisation .But the low cost carriers (LCC) are providing cheap fares for flights with less services to the customer are making higher profit than the traditional flag carriers and other airlines .Consumption of this service raise question about the customer satisfaction that is happening and the role of service and its perception In the LCC industry. I am trying to shed light to this particular market segment by highlighting the role Ryanair. Ryanair is one the largest airlines in the world with over 63 Mn customers, 950 routes connecting 150 destinations with over 1200 flights each day across 26 countries (Ryanair annual report, 2009).They are the only profit making airlines and their motto is low cost and high volume and higher profit, with a lower profit margin for each customer. They have higher profit and lower costs and the cost comes down by 20% percent in each year by their various low cost strategies. These low cost strategies had considerable effect on the consumer services and policies. The research about consumer perception and expectation in the Ryanair found to be quite interesting and relevant and is this is why I am choosing this particular topic. The paper is a research proposal for successfully completing my Master of Business Administration In university of Wales Lampeter, UK. The proposal starts with a relevant title with a brief introduction of the chosen topic .This is followed by the reason fo r the choices of the particular topic. The aim and the objectives of the research are clearly mentioned thereafter. The following part is a literature review and it analyses the most relevant literatures related to the topic of consumer perception and satisfaction. The Research methodologies along with the data analysis for this research are mentioned thereafter. The expected findings of the research are mentioned In the end. PROVISONAL TITLE Consumer expectation and Perception of service and its quality in Low Cost Carriers (LCC)- A study based on Ryanair The dissertation is for finding out the the level of expectation of the LCC customers and up to what level are they satisfied. This will shed light to the recent success of the LCC like Ryanair. The literature review is done to understand the issues and views regarding the consumer expectation and satisfaction in general and particularly in the airline industry. The topic becomes more relevant as the sector is a service industry where the quality of service is assessed by the provided and experienced quality by the customer who consumes the service. The analysis that is being carried out is empirical and the research on the consumer perception and satisfaction of the Ryanair will expose the performance of the organisation in the LCC service industry. Even though the prevalence of high competition and the economic issue in the airline industry Ryanair was the only company to post a profit in the recession period continuously. The research will also reveal their consumer strategies a nd the reasons for their huge success. Aims and Objectives Aim: The dissertation tries to reveal the consumer perception and satisfaction in the LCC market with the analysis of Ryanair. The process will also reveal the expectation levels of the consumers in the LCC industry and particularly in the Ryanair. Various factors which have an impact in customer perception of the quality, both technical and functional quality is analysed and reviewed. Factors like the behaviour of the employees in service encounters and the impact of the service provisioning are taken into consideration for a better understanding of the chosen topic and its relevance. Objectives of the study: Analyse the literature review that is associated with the customer perception and expectation in the airline industry. Analyse whether the accelerated profit earned is a part of the growth of the LCC market and the role and impact of Ryanair strategies in consumer perception and satisfaction. Analyse the role of Ryanair and along with its competitors Use of various research methods to understand the consumer perceptions and the factors that cause consumer expectations and the level of that. Factors that need to be improved in the customer service of the LCC market will be identified and explained. LITERATURE REVIEW To analyse the service quality perceived it is important to understand the expected and perceived service quality by the customer in the end. For this purpose the GAP model proposed by Parasuraman et al (1985) is used. They contend that GAPS do exists when customer expectation are perceived by management (gap 1), when the perceived expectation are put as service quality specification (gap 2), service delivery (gap 3), when external communications happen to the customer (gap 4) and the gap between the perceived and expected service quality by the customer (gap 5).The final gap, that is the gap 5 is a function of all the other gaps and will be reflected in the perceived service quality by the customer. They further assert that there are several factors that the customers take into account of the organisation while making a valuation of the service quality. Reliability, responsiveness, competence, access, courtesy, communication, credibility, security, understanding of customer needs, tangibles in the service encounter. These factors do have an impact on the perceived service quality by the customer. Sultan and Simpson (2000) further assert that out of these 10 factors, 5 factors are extremely important for the airline industry which the customers use frequently to evaluate the perceived service quality. They support the usage of the model in the airline industry also. These factors are reliability, Responsiveness, Assurance, Empathy and Tangibles out of which reliability is the highest factor. Chau and Kao (2009) supported these factors and did further study on this area. Their findings revealed there exists significant gaps between the expected and perceived service quality by the customers making the gap 5 big in the case of airline industry. They further contend that there is a huge scope of improvement for all airlines careers including the low cost carriers and failure to do so will result in alternate choices made by the customers on the use of airlines. He further asserts the importance of pricing and he value of the service the customer is getting for the particular price. Such comparisons are normal and increases the gap. Frost and Kumar (2000) assert another factor that effect the final service quality in the airline environment. They contend that in airline industry the internal service quality by the internal service suppliers and customers (employees) play a major role in the perceived service quality of the customers. They also support the 5 factors that needed to be considered to maintain the high service quality and to reduce the gap 5. Johnston (1995) also support the importance of aforementioned 5 factors in any service environment. Ryanair is a highly profitable organisation for the past decade and the LCC market has been growing significantly during this period with Ryanair making the most out of it. Ryanair strategy is to keep the cost down and does not bother too much for the customer satisfaction part. They pe rform all the measures which are needed to keep their cost down. Their strategies include flying to secondary airports, extra charges for baggage, online check in, charges for on board food and water etc. They transfer all these cost cuts to their fares and make the fares cheaper for the customers. But they do this by deteriorating their service quality to their customers. Due to this the gap between the expected and measured service quality that prevails Ryanair is not considered as a best service provider. In fact they are the worst brand in UK according to Family brands Poll (2009).In spite of all these Ryanair is posting profits in each quarter and the link between profits and customer satisfaction becomes questionable in the case of Ryanair which makes this study very interesting and relevant. Ryanair strategies are very different from their competitors and specially from the traditional carriers whom they are competing with right now for acquiring their market share. They h ave used the global recession to attract more international European customers with their low fare strategy offering strict competition to the traditional carriers. Research Methodology In order to analyse the data which is required to analyse customer perceptions and satisfaction in the UK , various research methodologies have to be used Primary Sources Interviews: This method is mainly used for internal research and is a source of primary data. The interview or internal research will be with few managers of the customer service department of the Ryanair. The interviews will try to highlight or to give an insight on the view of customer service by the managers and what corporate culture Ryanair practice, the attitude of the employees etc. Although this is the easiest way to find out it is sometimes difficult to get a clear view of whats happening by interviewing some of the managers and their view points. In fact their view might be different from the actual real view is. So the relevance of data from these meeting are questionable and cannot be applied from a wider context. Questionnaires: These are the most efficient way of analysing data from customers and employees without much hassle. Moreover I will be able to create a questionnaire with a distinct set of questions which will aptly suit my topic. I can also design it acco rding to the need of data required and can be done separately for customers and employees of the firm. This will give a much better view customer perception and satisfaction and will be able to analyse the data appropriately. The issue with the questionnaire is the lengthy time it will take of getting a response and analysis of the data. Also completion of the questionnaire depends on the personal who is doing it and it varies according to the person haste. Secondary Sources Book Review: reading of books and other articles related to the section of customer perception and satisfaction contributes to the external research that is being undertaken by me .These books and articles will be precisely in the field of airlines to conform to the chosen topic Internet Research: A source of secondary research which will help in vast analysis of data particularly as Ryanair stories are celebrated vastly by the media. This will help a lot in accumulation of data for customer perception and satisfaction in the case of Ryanair. Documents: They will provide with details with organisational data like the annual report, investor report and financial report required for data analysis. Data Analysis : Both Quantitative and Qualitative anaylsis has to be performed for data analysis. Quantitative analysis: It is related to the number of data or units of different data. Charts, tables, graphs are derived from the data. Various methods like project management can be used for analysis of data obtained. The data can be obtained from various reports and from the information gathered from questionnaire. Qualitative analysis: Qualitative data gathered from the interview, questionnaire are analysed on the basis of the quality of description. Usage of computer software is recommended because this will reduce complexity and provide flexibility for the usage and processing of data Form and structure of presentation of the dissertation The report will be in written format which will include tables, charts and graphs which are used for analysis. Findings-Projected The report is projected to analyse the particular topic its applicability and for finding the scope of improvement of it. Research Time Table Months(February-June)  Months Feb March april May June Weeks 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Problem Identification                     Literature Review                     Research Design                     Choice of Methodology                     Data Sources                     Data Collection                     Data Analysis                     Writing up Draft                     Editing                     Final Document                     Binding of Document                    Â

Ethical Dilemma And Ethical Dilemmas - 1808 Words

According to Perry and Potter (2014) Ethical Dilemma â€Å" is a conflict between two sets of human values, both of which are judged to be â€Å"good† but neither of which can be fully served.† Nurses regardless of what healthcare setting they work and of where they function in wide ranging roles, face ethical dilemmas on their daily practices. Ethical behavior depends on several factors because what a person consider as moral may vary from another individual’s approach to the situation. â€Å"Resolving an ethical dilemma requires deliberate, critical, and systematic thinking† because ethical decisions that are made could have an impact to nurses, patients and families as well.† (Potter, 2014) Therefore, an orderly process is used by healthcare†¦show more content†¦However, his wife is opposed to Jim’s wish of not be resuscitated She begins to yell at the nurse and implored to provide a CPR to his husband. The nurse politely decline the wife’s request as it is strictly forbidden to provide a CPR in the event of a cardiac arrest and that there is nothing she can do about it. Surprisingly, the wife initiated a CPR to his husband who has an advance directive with a DNR order, this arises an ethical dilemma. Gather all information relevant to the case As mentioned above, an advance directive is a legal document in which allows the patient to make decision for himself such as stating the amount and type of medical treatments the patient wishes to receive, and will be carried out in the event where the patient will be incapable to decide for himself or unable to communicate or if death is imminent. (Potter, 2014) This is created ahead of time to prevent confusion later on. Healthcare providers need to maintain the patient’s right for autonomy, and supporting patient’s decision regardless of what they may be. Furthermore, an advance directive form is used to tell or request to the attending physician that a patient doesn’t want to be resuscitated. (Am Fam Physician, 2010) The DNR order is then placed in the patient’s medical record so that regardlessShow MoreRelatedEthical Dilemmas Of The Workplace1538 Words   |  7 Pages1. Discuss an ethical dilemma that you have had to face in the workplace. Ethical dilemmas often occur when a manager or an employee is faced with two or more conflicting choices. Give as many facts and details as possible in describing your dilemma. The most difficult ethical dilemma I have dealt with was a summer job I had this past summer, while I was working for a bakery in my hometown. This past particular summer really tested what I believe is right and wrong and how to speak up. One of myRead MoreEthical Dilemma Assignment1766 Words   |  8 PagesCONSENT FORM Thank you for being willing to take part in this interview exploring ethical conflict or turbulence. 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The Life Of Frederick Douglass An American Slave - 983 Words

The Narrative of the Life of Frederick Douglass an American Slave, is an incredible story of one man’s struggle to become free from the bonds of slavery. While experiencing his hardships and celebrate his triumphs along the way, the story saddens you with the cruelty of humans but leaves you joyous at the outcome. Written as proof that a well-educated black man was indeed a slave and that even with a life riddled with trials and tribulations you can rise above and succeeded in obtaining your dream. Being born a slave, Frederick had little knowledge of any other life. A child, being too young to work in the fields, his views were ignorant of the world and slavery. After watching his aunt being thrashed did Frederick really being to see the true nature of his circumstances. Being selected to go live with another family, Frederick travelled to Baltimore. There he would get his first real chance at an opportunity to improve life and he remembers this as one of the happiest time s of his life. Upon the arrival to Baltimore, Frederick was blessed with a â€Å"kind mistress†. â€Å"I was utterly astonished at her goodness.† (Douglas,1845) Teaching Fredrick his alphabet and helping him to learn three and four letter words, she gave him the gift of literacy, until her husband (Mr. Hugh) found out and forbid her to continue her lessons. Unbeknownst to Mr. Hugh, the damaged was done and as Fredrick listening to Mr. Hugh’s rant about the consequences of teaching slaves to read, heShow MoreRelatedThe Life Of Frederick Douglass, An American Slave1078 Words   |  5 PagesLife of Slaves Up until the late 1800s, people were legally able to own slaves. Slaves are people that are the property of another and are forced to follow their owner s commands. Slaves were treated like dogs, had no freedom and were abused. 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Born into slavery, this great American leader led a life many of us would find impossible to bear. After gaining his freedom from slavery, Douglass shared his stories through impressive speeches and vivid autobiographies, which helped America move forward as a country liberated from racial inequality. Although Narrative of the Life of Frederick Douglass, An American Slave allows readers to understand what life was like for slaves in antebellum America, theRead MoreNarrative Of The Life Of Frederick Douglass, An American Slave1251 Words   |  6 PagesJustine Boonstra Frey- Period 1 MAJOR WORKS REVIEW AP Lang Version GENERAL 1. Douglass, Frederick. Narrative of the Life of Frederick Douglass, an American Slave. 1845. New York: Fine, 2003. Print. 2. Autobiography STRUCTURE 1. Point of View: First Person, the narrator Frederick Douglass 2. Relationship of POV to meaning: 3. Plot Structure a. Exposition: Douglass describes that his mother was a black slave, and his father was a white man. Thus, he was born into slavery and was sent off toRead MoreNarrative Of The Life Of Frederick Douglass, An American Slave977 Words   |  4 PagesIn 1845 Frederick Douglass published his first book Narrative of the Life of Frederick Douglass, an American Slave. This book not only showed people what life was truly like in the eyes of a slave, but it became instrumental in propelling the abolitionist movement and helping it gain motion all across the country. Douglass was truly a revolutionary person because throughout the duration of slavery, African American people were not permitted to be educated. This was considered dangerous. It wasn’tRead MoreNarrative Of The Life Of Frederick Douglass, An American Slave1131 Words   |  5 PagesAshley Moreshead American History 2010 November 8, 2015 Frederick Douglass Essay The â€Å"Narrative of the Life of Frederick Douglass, an American Slave† is a memoir that depicts the hardships and brutalities, Fredrick himself and other slaves suffered during the time of slavery in the 1800’s. Throughout Douglass’ narrative, he describes the common casualties of growing up, and the limited information he is provided with. This is a direct connection between the ignorance of slaves and the lack of educationRead MoreThe Narrative Of The Life Of Frederick Douglass, An American Slave1129 Words   |  5 PagesNarrative of the Life of Frederick Douglass, An American Slave,† by Frederick Douglass and â€Å"Self Reliance†, by Ralph Waldo Emerson, a person may notice a trend that both authors focused on. The trend was the key to happiness or self-fulfillment. Both Ralph Waldo Emerson and Frederick Douglass believed that acquiring knowledge is what people should aim for throughout their lives. They both had different viewpoints when it c ame to the type of knowledge individuals should gain. Douglass believed that oneRead MoreNarrative Of The Life Of Frederick Douglass, An American Slave1552 Words   |  7 PagesNarrative of the Life of Frederick Douglass, an American Slave, Written by Himself Theme: False versus True Christianity In this theme, Fredrick Douglass contrasts the both forms of Christianity to show the underlying hypocrisy in slavery. The results show that slavery is not religious as it exposes the evils in human bondage. These ideals however can be distorted so as to fit in the society. Two forms of Christianity are presented in â€Å"The Narrative of the Life of Fredrick Douglass and each of themRead MoreThe Narrative Of The Life Of Frederick Douglass, An American Slave1093 Words   |  5 Pagespossible difference.† -Frederick Douglass. The Narrative of the Life of Frederick Douglass, An American Slave, by Frederick Douglass, shares the story of the struggles of an American slave during the eighteenth-century. Fredrick Douglass was born in Tuckahoe, Maryland in approximately 1818. While being raised by his grandmother, Betsey Bailey, he snuck around at night to meet his mother nearby, assuming that his slaveholder, Captain Anthony, was his father. From adolescence, Douglass knew he was differentRead More The Narrative of the Life of Frederick Douglass, An American Slave1267 Words   |  6 PagesThe Narrative of the Life of Frederick Douglass, An American Slave The Narrative of the Life of Frederick Douglass, An American Slave was written by Frederick Douglass himself. He was born into slavery in Tuckahoe, Maryland in approximately 1817. He has, †¦no accurate knowledge of my age, never having seen any authentic record containing it (47). He became known as an eloquent speaker for the cause of the abolitionists. Having himself been kept as a slave until he escaped from Maryland in 1838

Rights of Shareholder and Power of the Company Sample for Students

Questions: 1.Does the Board of Waldmart have the power to Issue Bonus Shares and can the Shareholders at the Upcoming AGM Legally Compel the board not to Issue the Share?2.Can the Shareholders Stop the Directors from Increasing and Paying the proposed dividend because it is Commercially Unwise to do So?3.If Shareholders Vote against the Remuneration Report and a Second Strike is achieved, what will be the Consequence of Waldmart Ltd and its Director? Answers: Introduction The following assignment aims to analyse the relevant regulations of company law and evaluate the actions taken by the board of Waldmart Ltd. In order to analyse and evaluate the given scenario in the case study, principles of commercial law as well as corporate law have been considered. The first situation examines the eligibility of Waldmarts board to issue bonus shares along with the analysis on the eligibility of companys shareholders restricting the board for issue of shares. The study further examines the entitlement of shareholders to confine the directors from increasing or paying proposed dividend considering it to be commercially unwise. Considering the regulations of corporation law, potential consequences have been identified if shareholders vote against the companys remuneration report and a second strike is achieved. (a) Power of company to issue bonus shares and eligibility of shareholders to restrict the companys board not to issue the shares at the upcoming AGM As per the regulations under section 254A, Corporations Act 2001, an organisations power within section 124 for issue of securities contains the power for issue of bonus shares for which the investors are not required to pay considerations to the company. The act further provides that the in order to issue bonus shares increase of share capital is not required since the bonus shares are issued through profit capitalization[1]. However, the company must have appropriate balance in the reserves and sustained profitability trends to issue bonus shares to the stakeholders. As per the rulings held in case of BTR Nylex Ltd v Churchill International Inc (1992) 9 ACSR 361, court contended that the issue of bonus shares should be for companys investors while the issuing amount should be capitalised from companys reserves and not from the balance of profit attributable to shareholders[2]. According to the regulations provided in the Corporations Act, rights to issue shares lies on the companys board members depending on the companys constitution. The act provides that the existing shareholders must be given pre- emptive rights for share issue over the proposed investors[3]. In case of Bradbury v English Sewing Cotton Co (1923)AC 744, court held that the issue of shares forms part of share capital and remains the companys property hence, the companys board has the rights and power to issue shares. Similarly, company has the right and power to issue bonus shares, decision of which is taken in the board meeting with the approval of directors and board members[4]. The given situation involves proposal of bonus issue by the board of Waldmart Ltd to the existing shareholders together with the increase in dividend amount to $1.25 cents with a rise of 25% from the last years dividend amount. It has been observed that the issue of bonus shares was proposed during the period of unstable financial times. Considering the principles given under section 254A under Corporations Act, it can be said that the company has all the powers to issue bonus shares with the approval of board members. Therefore, in this case, Waldmart Limited has the power to issue bonus shares after monitoring the profitability trends and appropriate balance in companys reserves. The board of the company needs to ensure that the issue of bonus share is not against the dividend payment while the amount of profit distributable to shareholders is not used for bonus capitalization. Further, it has been observed that the approval of bonus shares lies within the power of companys board of directors. Proposal of bonus issue of share or any other form of issue like rights issue, employee issue, is approved at the board meeting and not at the annual general meeting of the company. As per the principles of corporation act proposal of share issue is approved at the board meeting whereas declared at the annual general meeting which does not give legal power to the Therefore, it can be concluded that Waldmarts board have the power to issue bonus shares subject to compliance of regulations under Corporations Act 2001. Further, Better Super Limited or any other shareholders are not legally entitled to compel the board of Walmart not to issue the share at forthcoming AGM. (b) Power of shareholders to stop the directors from increasing and paying the proposed dividend According to the provisions stated under section 254T, a listed company is entitled to pay dividend only if the value of assets exceeds the value of liabilities prior to dividend declaration. The excess amount should be adequate to make the dividend payment while the payment should be fair and reasonable to all the shareholders of the company[6]. The act further provides that the dividend payment should not materially detriment the organisations efficiency to repay its obligations. The regulations of corporation law states that board of the company is not mandatorily required to take shareholders approval to declare dividend but as per the recent amendments, directors are required to assure the solvency test. The solvency test requires the ability of the company to repay its debts within due time and the assets must be higher than the liabilities[7]. It has been noted that the declaration of dividend becomes companys obligation to the shareholders for which the shareholders have the right to enforce. Similar to the case of Industrial Equity Ltd v Blackburn (1977) HCA 59, it was held that the company acquires contractual debt to the shareholder as the dividend has already been proposed and declared. In addition, the corporation law provides that shareholders have the right to waive off the allocated dividend subjected to the declaration has been given in written notice[8]. However, under ordinary business resolutions, shareholders are not entitled to stop the directors from increasing or paying the proposed dividend even if it is commercially unwise. Once the dividend has been proposed, the company is obligated to make the payment to the shareholders within the specified period. However, as per the legislation, shareholders may restrict the company from authorising dividend if all the entitled shareholders provide unanimous agreem ent. On the contrary, corporations act does not give right and entitlement to shareholders to restrict the company from paying or increasing dividend one it has been authorised or proposed at the board meeting[9]. Moreover, in case shareholders find that the company does not satisfy the solvency test or if the payment of dividend is detrimental to the benefits of the shareholders, then the shareholders may apply to the court under jurisdiction claiming the contravention of corporation act regulations. The shareholders can also apply against the companys directors for breach of organisational constitution as well as legislations of corporation law[10]. Accordingly, in the present situation, decision of board of Waldmart Ltd on increase of dividend to $1.25 cents with a rise of 25% should be as per the provisions of section 254T with respect to the solvency test. It has been mentioned that the increase in dividend payment by company has been proposed during the unstable financial times and Better Super Ltd and other shareholders were not happy with the proposal. Considering the above discussion on corporation act regulations, Better Super Ltd or other shareholders are not entitled to stop company from paying the dividend. Besides, if the shareholders determine that Waldmart fails to satisfy solvency test as per section 254T then they can make application to the court against the company as well as the directors. (c) Consequences of Waldmart Ltd and its directors if shareholders vote against the remuneration report and second strike is achieved According to the regulations of section 300A of Corporations Act 2001, a company listed on Australian stock exchange requires to prepare and present remuneration report to the shareholders. The report must be presented at every annual general meeting (AGM) disclosing the policies of the companys board to determine the nature and value of remuneration payment of which has been made to the directors and key managerial personnel[11]. The report further presents the business relationships between companys policies and financial performance together with the explanation on problems of business performance. Further, as per the amendment on Corporations Act 2001 that was made on July 1 2011, the shareholders are entitled to vote for the remuneration report at the annual general meeting to provide their consent or otherwise[12]. In case the company receives a no vote that is equal to or more than 25%, the company achieves first strike hence, the company is required to present explanation on shareholders concerns in subsequent remuneration report[13]. On presenting the subsequent remuneration report, the company needs to ensure the appropriateness of explanation provided for last report for shareholders concerns. However, if company receives a no vote against the subsequent report with 25% or more, the consequence will fall under second strike[14]. In the present case, board of Waldmart Ltd achieved first strike on the remuneration report presented at the annual general meeting held last year. However, the company presented a separate report to provide justification for the unapproved remuneration report stating the importance and concerns of shareholders. Besides, considering the proposals of company on bonus issue and increase dividend amount, Better Super Ltd and other shareholders were unhappy. Accordingly, it has been expected that the shareholders might vote against the remuneration report in the subsequent AGM, which would occur second strike if the rejection vote exceeds 25%. Therefore, in case Waldmart Ltd achieves second strike then the consequences will include voting of shareholders at the same annual general meeting, which would be held to establish the requirement of directors for re- election within a period of 90 days[15]. The regulations of Corporation Act further provides that the if the shareholders vote and pass the resolution with eligible vote of 50% or more, then Waldmart Limited will be required to hold spill meeting within a period of 90 days. The spill meeting will be conducted to determine the eligibility of present directs of Walmart to stand for the process of re- election excluding the companys managing director[16]. The consequences of second strike for conducting spill meeting to re-elect the directors is not applicable to managing director who is entitled to persist the business activities. In addition, Waldmart is required to comply the requirements of Corporations Act and ASX Listing Rules to establish the procedures of voting i ncluding maintenance of integrity. Contravention of regulations and principles, companys directors would be imposed with severe penalty charges together with the fines and imprisonment[17]. Conclusion In view of the above discussion on companys powers and shareholders rights as per the Corporations Act 2001, it can be said the board of the company should consider shareholders concern while taking any business decisions. The Corporations Law provides that the power to issue bonus shares lie on the companys board subject to the satisfaction of solvency test and shareholders benefits. The act does not give right to shareholders to compel the board for not to issue shares unless the agreement has been obtained unanimously. Further, payment or increase of dividend depends on the boards approval that cannot be revoked if the same has been approved or proposed at the board meeting if company has sufficient profit. In addition the study indentified the consequences of second strike to Waldmart and directors which requires holding of spill meeting within 90 days to re- elect directors. References Austin R.P. Ramsay, I., Ford's Principles of Corporations Law, Butterworths, Australia, 16th edition, 2014. Austlii.edu.au. Australasian Legal Information Institute (Austlii) https://www.austlii.edu.au 2017 Chen, V., Ramsay, I. and Welsh, M.A., 2016. Corporate law reform in Australia: An analysis of the influence of ownership structures and corporate failure. Davenport, S and Parker D, Business and Law in Australia, Thomson Reuters, 2012 Fisher S, Anderson C, Dickfos, Corporations Law - Butterworths Tutorial Series, 4th Edition Butterworths, Sydney 2014 Fitzpatrick, Symes, Veljanovski, Parker, Business and Corporations Law; LexisNexis 3rd edition 2017 Grosse, M., Kean, S. and Scott, T., Shareholder say on pay and CEO compensation: three strikes and the board is out.Accounting Finance 2015. Harris J, Butterworths Questions and Answers Corporations Law: LexisNexis, 3rd Edition Sydney 2009. Harris, J. Hargovan, A. Adams, M., Australian Corporate Law LexisNexis Butterworths 5th edition, 2015. Jokinen, J., Granlund, M. and Pfister, P.D.J., The role of auditors in the Finnish limited liability companies as to solvency test in the context of asset distribution 2015. Malhotra, M., Thenmozhi, M. and Arun Kumar, G., Evidence on changes in time varying volatility around bonus and rights issue announcements.International Journal of Emerging Markets,8(2), pp.129-143 2013 Monem, R. and Ng, C., Australias two-strikes rule and the pay-performance link: Are shareholders judicious?.Journal of Contemporary Accounting Economics,9(2), pp.237-254 2013. Pottenger, M. and Leigh, A., Long?Run Trends in Australian Executive Remuneration: BHP, 18872012.Australian Economic History Review 2015. Vallascas, F. and Hagendorff, J., CEO bonus compensation and bank default risk: evidence from the US and Europe.Financial Markets, Institutions Instruments,22(2), pp.47-89 2013 Venkataraman, R. and Kumar, H.P., A Study on Impact of Bonus Issues on Stock Returns on Selected Equities in Indian Capital Market.Sumedha Journal of Management,4(3), p.70 2015 Vermeesch,R B, Lindgren, K E, Business Law of Australia Butterworths, 12th Edition, 2011. Deegan, Craig and Muhammad Azizul Islam, "Corporate Commitment To Sustainability - Is It All Hot Air? An Australian Review Of The Linkage Between Executive Pay And Sustainable Performance" (2012) 22Australian Accounting Review Dolzer, Rudolf and Christoph Schreuer, "Principles Of International Investment Law" (2014) 102American Journal of International Law. Hogg, Martin, "Restitution Following Termination Of Contract: A Contractual Or Enrichment Remedy?" (2015) 19Edinburgh Law Review MacMillan, Claire, "Corporate Law: Impact Of Regulatory Reforms On Executive Remuneration In Australia-Agms In 2011" (2012) 64Keeping good companies Poole, Jill, "Textbook On Contract Law" [2016]Oxford University Press Austlii.edu.au. Australasian Legal Information Institute (Austlii) https://www.austlii.edu.au 2017 Venkataraman, R. and Kumar, H.P., A Study on Impact of Bonus Issues on Stock Returns on Selected Equities in Indian Capital Market.Sumedha Journal of Management,4(3), p.70 2015 Austlii.edu.au. Australasian Legal Information Institute (Austlii) https://www.austlii.edu.au 2017 Malhotra, M., Thenmozhi, M. and Arun Kumar, G., Evidence on changes in time varying volatility around bonus and rights issue announcements.International Journal of Emerging Markets,8(2), pp.129-143 2013 Vallascas, F. and Hagendorff, J., CEO bonus compensation and bank default risk: evidence from the US and Europe.Financial Markets, Institutions Instruments,22(2), pp.47-89 2013 Jokinen, J., Granlund, M. and Pfister, P.D.J., The role of auditors in the Finnish limited liability companies as to solvency test in the context of asset distribution 2015. Harris, J. Hargovan, A. Adams, M., Australian Corporate Law LexisNexis Butterworths 5th edition, 2015. Austin R.P. Ramsay, I., Ford's Principles of Corporations Law, Butterworths, Australia, 16th edition, 2014. Fisher S, Anderson C, Dickfos, Corporations Law - Butterworths Tutorial Series, 4th Edition Butterworths, Sydney 2014 Pottenger, M. and Leigh, A., Long?Run Trends in Australian Executive Remuneration: BHP, 18872012.Australian Economic History Review 2015. Harris J, Butterworths Questions and Answers Corporations Law:, LexisNexis, 3rd Edition Sydney 2009. Vermeesch,R B, Lindgren, K E, Business Law of Australia Butterworths, 12th Edition, 2011. Davenport, S and Parker D, Business and Law in Australia, Thomson Reuters, 2012 Fitzpatrick, Symes, Veljanovski, Parker, Business and Corporations Law; LexisNexis 3rd edition 2017 Monem, R. and Ng, C., Australias two-strikes rule and the pay-performance link: Are shareholders judicious?Journal of Contemporary Accounting Economics,9(2), pp.237-254 2013. Grosse, M., Kean, S. and Scott, T., Shareholder say on pay and CEO compensation: three strikes and the board is out.Accounting Finance 2015. Chen, V., Ramsay, I. and Welsh, M.A., Corporate law reform in Australia: An analysis of the influence of ownership structures and corporate failure 2016.

Juvenile Delinquency Essay Example

Juvenile Delinquency Essay Trappings of childhood When a child kills, does he instantly become an adult? Or does he maintain some trappings of childhood, despite the gravity of his actions? These are the questions oppressing our legal system today, as the violent acts of Juvenile delinquencies continue to make headlines. Some people believe that children should be tried as adults when prosecuted for certain serious crimes. Others feel that children should be tried as minors because they are not yet adults, and therefore, they should be reated differently. This is an important debate because how we choose to punish juveniles affects both our current and future society. Teens all over the world are being tried differently in court, and it is not fair to Judge and punish them inconsistently for the same crime. I believe that, without exception, children under 18 should be tried as minors. Our society has set 18 as the age of adulthood. Eighteen is when a person is expected to know what is right and wrong, and understand his responsibilities in the community. The responsibility to vote, sign contracts, make out wills, sign leases, and decide on medical treatment are not acquired until the age of 18. By 18, a person has experienced enough to know what he should and should not do. Then, why those under 18 are tried as adults? A person under 18 is a child and should be treated as such by the courts. When Juveniles receive a life sentence in adult prison, they never get a second chance. When they commit crimes and were punished properly, they should learn that their actions were wrong and not to do it gain. We will write a custom essay sample on Juvenile Delinquency specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Juvenile Delinquency specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Juvenile Delinquency specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Juvenile detention helps show their mistakes and gives them a second chance, while prison does nothing to help a child. Adults have already had their chance; they should know the difference between right and wrong by the time they cross into adulthood; therefore they deserve an adult sentence. According to Dr. Brenda Plattner, affective dysregulation is at the heart of disturbances stemming from childhood drama and can result in lone-term impairments in functioning including impulsivity and anger-control problems. Young brains are not fully developed, so humans do not understand the full consequences of their actions until about the age of 23. Teenagers essentially lack wisdom, so their perception in life comes from what they are thought at an early age. Teens commit crimes for a reason. Maybe they are angry or want attention from their family. Committing a crime is the only option they see. In the Juvenile system, they can learn other ways to express themselves. Then they can return to society with a new chance at life. Juvenile Delinquency By darlyn09 Juvenile Delinquency Essay Example Juvenile Delinquency Essay Juvenile Delinquency has long been a social problem in the United States.   Juvenile delinquency is the commission of a criminal offense by a minor.   It is considered a social problem because it is a condition which the society deems as a problem.   Ã‚  Criminal offenses, as a whole, are considered a problem in any society because it poses danger to the people in the community.   In 1999, law enforcement officers arrested an estimated 2.5 million juveniles. Approximately 104,000 of these arrests were for violent crimes. The most common offense was larceny-theft.   Ã‚  Juvenile arrest rates for property crimes remained relatively stable between 1980 and 1999. In 1998, for every 100,000 youth in the United States ages 10 through 17, there were 1,751 arrests of juveniles for property offenses (Frontline, 2005).Juvenile delinquency, more than any form of delinquency should be given more attention because of the graver problems it could bring in the future.   As juveniles, th ey are considered the future of the country and the fact that at a very young age, they are already delinquents means that the probability of being a burden than an asset to the society is very high.   With the statistics mentioned above, the number of incidents reported to law enforcement officers is already quite alarming.   Delinquent act is already a problem our society is facing right now, and the solution to it is yet to be found.   In the meantime, minimizing the number of incidents by minimizing the probable offenders could be a significant step to eradicate the problem.   Moreover, it would not only be beneficial to the society but also the individual juvenile delinquents as well because they are given the chance to have a brighter future.Delinquent behavior can be attributed to several social characteristics of the juvenile delinquent such as gender, social class, place of residence, etc.   Due to such, it is not easy to find a single answer as to what causes del inquent behavior.One of the major sociological theories that could explain the cause of juvenile delinquency is the theory of symbolic interaction.   Symbolic Interactionism as thought of by Herbert Blumer, is the process of interaction in the formation of meanings.   Human beings are best understood in relation to their environment.   The first core principle of meaning states that humans act toward people and things based upon the meanings that they have given to those people or things. Symbolic Interactionism holds the principal of meaning as central in human behavior.   The second core principle is language. Language gives humans a means by which to negotiate meaning through symbols.   It is by engaging in speech acts with others, symbolic interaction, that humans come to identify meaning, or naming, and develop discourse. It is by engaging in speech acts with others, symbolic interaction, that humans come to identify meaning, or naming, and develop discourse.   The third core principle is that of thought. Thought modifies each individuals interpretation of symbols.   Thought, based-on language, is a mental conversation or dialogue that requires role taking, or imagining different points of view (Nelson, 1998).Juvenile delinquency, as defined earlier is the commission of an offense by a minor. As minors, they are vulnerable to the many influences surrounding them.   In other words, they are easily influenced by the things around them.Juvenile delinquents could be best understood by looking into the kind of environment they grew up in.   As what was mentioned earlier, human act towards people based upon the meanings that they have given upon the given thing or people.   Every community in the society creates their own subculture by the different practices and beliefs they have in that particular area.   And from that subculture, every single person in that community gives meaning to a given thing or person they come to contact with.   This is supported by Blumer’s premise that â€Å"symbolic interactionism is derived from or arises out of, the social interaction that one has with one’s fellows (Denzin, 2004, p. 152).Language and thought, comes out of the meaning created in the community where the person interacts with.   The meanings created are manifested through the language and thought of the person.   It is only through the study of the environment of the person involved could some answers be derived.Juvenile delinquency unlike any other social problem, is very difficult to solve because answers to why it is existing is hard identify because of the several factors that could be attributed to its existence.   However, this should not stop social scientists and government bodies from probing into this problem.   Eventually, with continued research, answers could be derived.Symbolic Interactionism is a significant tool to explain the existence of this social problem.   It seeks to inte rpret the various factors involved that could in one way or another explain the actions of the juvenile delinquents.   With the study of juvenile delinquency, through the theory of symbolic interactionism, it does not present the problems of the juvenile delinquents but also the societal problems present in the community where these individuals interact with.   It is only through the presentation of the real situation of the society that solutions could be found because it is from these situations where problem arise.The curbing of the problem on juvenile delinquency could solve not only the problem of juvenile delinquency but also the problem of the community and the graver problems it could bring.   The fact that juvenile delinquency was brought about by the environment in which the juvenile delinquent came from, means that there is a problem in that particular community that brought about an environment that creates delinquents out of innocent juveniles.