Commercial Law Assignment Case Study Example | Topics and Well Written Essays - 2000 words

Commercial Law Assignment - Case Study Example In fact, he speaks very little English. This means that Nathan may not be able to make an informed bargain or decision, if he engages in a contract where the other party speaks English due to the limitation in language. On the other hand, John works as a sales representative with a telephone company known as Dubious Connections Pty Ltd. He sells telephone contracts. John was aware that Nathan knew nothing about telephone contracts and that he did not understand most of the matters that are discussed in English. Nathan was influenced to enter into a contract by John, as the latter told the former that there was a special promotion just for that day and that if the former signed that day, he was entitled to a free iOS7.1 telephone. Therefore, Nathan was under undue influence to enter into this contract, given that he did not understand much English to have the capacity of making an informed decision. In addition, John explained the main features of the contract, but he knew that Nathan did not understand most of the details. John did not offer to get an interpreter to explain the terms and conditions of the contract to Nathan, who thought he could terminate the contract any time and simply return the phone. Nathan was not aware that the contract was to run for three years, and terminating the contract at any time during this period, Nathan would have to pay the full contract price of $3,120, plus $ 800, which is the price of the iOS7.1 telephone. However, after two months into the contract, Nathan found out that the additional expense of the monthly phone bill was difficult to manage, given that he received a meager allowance from Red Cross. Nathan now wants to terminate the contract and return the phone. From the aforementioned issues, a determination whether there was a valid contract between Nathan and Dubious Connections Pty Ltd is made. Also, the remedies available to Natha n are outlined and discussed. Unconscionable conduct

Economic Growth and Economic Development Original Essay Example for Free

Economic Growth and Economic Development Original Essay In contemporary times, certain economic registers are used frequently. Arguably two of these most used terms in economics, ‘economic growth’ and ‘economic development’ are terms that just about everyone is at least remotely familiar with, even if they have not studied economics at all. Sometimes it seems everyone knows what economic growth and economic development is. Politicians use these terms all the time, and so do teachers, managers and even preachers. Often, people’s use of these terms may not be quite accurate, but one has to admit that most of the time they are never too far from the mark. Insights into the aforementioned terms ‘economic growth’ and ‘economic development’ are given as follows†¦ Economic Growth Economic Growth is an increase in a countrys real level of national output which can be caused by an increase in the quality of resources by education etc, increase in the quantity of resources improvements in technology. Economic Growth can also be described as an increase in a countrys productive capacity, as measured by comparing gross national product (GNP) in a year with the GNP in the previous year. In other words, Economic Growth is an increase in the real level of output as measured by the annual percentage in real GDP (Gross Domestic Product). Increase in the capital stock, advances in technology, and improvement in the quality and level of literacy are considered to be the principal causes of economic growth. In recent years, the idea of sustainable development has brought in additional factors such as environmentally sound processes that must be taken into account in growing an economy. Measurement of Economic Growth Economists usually measure economic growth in terms of gross domestic product (GDP) or related indicators, such as gross national product (GNP) or gross national income (GNI) which is derived from the GDP calculation. GDP is calculated from a countrys national accounts which report annual data on incomes, expenditure and investment for each sector of the economy. Using these data it is possible to estimate the total income earned in the country in any given year (GDP) or the total income earned by a countrys citizens (GNP or GNI). GNP is derived by adjusting GDP to include repatriated income that was earned abroad, and exclude expatriated income that was earned domestically by foreigners. In countries where inflows and outflows of this sort are significant, GNP may be a more appropriate indicator of a nations income than GDP. There are three different ways of measuring GDP †¢the income approach †¢the output approach †¢the expenditure approach The income approach, as the name suggests measures peoples incomes, the output approach measures the value of the goods and services used to generate these incomes, and the expenditure approach measures the expenditure on goods and services. In theory, each of these approaches should lead to the same result, so if the output of the economy increases, incomes and expenditures should increase by the same amount. How to boost Economic Growth in a country In order for a country to experience economic growth, certain things have to be done. In my own opinion, I believe that; As more people are employed, the amount of capital increases, education levels increase, the quality of capital changes, or the technology increases, the productive capacity of the economy increases. Therefore, the economy can increase its output giving consumers more disposable income, promoting an increase in consumption spending, and providing resources for business to use for further investment and government to use to provide public goods and services. Increased labor force participation increases output. Expanded, improved education creates more productive workers. Business and government spending on research and development enhance our abilities to produce and allow each worker to become more productive, increasing incomes for all. Finally, to achieve a higher level of GDP in the future, consumers need to limit consumption spending and increase savings today, permitting businesses to invest more in capital goods. If resources are invested into building an economy now, future generations will enjoy a higher level of economic growth; our businesses will produce more goods and consumers can purchase more goods. Expansion of output at rates faster than our population growth is what gives us the opportunity to enjoy higher standards of living. Economic development Economic development is a normative concept meaning that the definition is variable however; the definition given by Michael Todaro is ‘’an increase in living standards, improvement in self-esteem needs and freedom from oppression as well as a greater choice.’’ Economic development can be defined as the advancement of a nation or society according to several economic factors. Economic development generally includes such trends as technological innovation, improvements in the standard of living and life expectancy, and increases in the amount of invested assets per capita At the core of the definition is the point that economic development is not just about dollars and cents but is about community well-being and creating communities that people want to live in. It is a constant challenge for small communities to hold onto their young people. There must be jobs and facilities that the next generation expects as a standard. Providing infrastructure on one hand and building social capital on the other will lead to community sustainability and resilience which eventually boils down to ‘’economic development’’ In a few words one can say that the scope of economic development includes the process and policies by which a nation improves the economic, political, and social well-being of its people. Measurement of Economic Development There are several criteria or principles to measure the economic development. Let us make a detailed study of these measurements for better understanding. 1. National Income: Some economists have taken increase in the real national income as the indicator of economic development because per-capita income depends upon the national income. National Income is related with the final goods and services produced in a country. According to this method the state of continuous increase in national income can be taken as economic development. This is majorly applicable to the poor and middle class countries. Short-run increase in national income cannot be taken as economic development. Likewise increase in the national income as a result of increase in price of goods and services cannot be defined as economic development. 2. Per Capita Income: Increase in per-capita income has been pointed out by some economists as a basis for measuring economic development; According to the classification given by the United Nations Organization in 1989, countries having per capita income less than 580 US dollars fall in the class of poor countries, countries having per capita income between 580 US dollars and 6,000 US dollars are in the middle class, and countries having per capita income more than 6,000 US dollars are in the class of rich countries. According to World Development Report 2009, per capita income of Nepal is 340 US dollars. Such indicator makes the comparative study of different countries easy. On the basis of per capita income the economic growth rate of any country can be found out. The increase in per capita income of any country shows the increase in economic growth rate of the country The UNO experts in their report on Measures of Economic Development of Underdeveloped Countries have also accepted this measurement of development. 3. Economic Welfare Index: Economists like Colin Clark Kindleberger, D. Bright Singh, and Hersick etc. have suggested economic welfare as the measure of economic development. The term economic welfare can be understood in two ways: (a) When there is equal distribution of national income among all the sections of the society. It raises economic welfare. (b) When the purchasing power of money goes up, even then there is an increase in the level of economic welfare. The purchasing power of money can go up when with the increase in national income there is also increase in the prices of goods. That means economic welfare can increase if price stability is ensured. Thus economic welfare can boost with equal distribution of income and price stability. Higher the level of economic welfare, higher will be the extent of economic development and vice-versa. 4. Measurement through Occupational Pattern: The distribution of working population in different occupations is also regarded as criteria for the measurement of economic development. According to Colin Clark there is deep relation between the occupational structure and economic development. He has divided the occupational structure in three sectors (a) Primary Sector: It includes agriculture, fisheries, forestry, mining etc. (b) Secondary Sector: It consists of manufacturing, trade, construction etc. (c) Tertiary Sector: It includes services, banking, transport, etc. In underdeveloped countries, majority of the working population is engaged in primary sector. On the contrary, in developed countries the majority of the working population works in tertiary sector. When a country makes economic progress, its working population begins to shift from primary sector to secondary and tertiary sectors. 5. Human Development Index (HDI): The modern economists were not satisfied with GNP, per capita or national income as the principal measures of economic progress. According to them, the issue is not only how much growth but what kind of growth and as a result, they formulated the Human Development Index (HDI). This indicator was for the first time developed by United Nations Development Program (UNDP) in the year 1990.There were a number of measures which were included in this index, However, to keep the HDI simple and manageable, the following main variables were included in it (a) Life expectancy was chosen as a measure of long life (b) Literacy as an index of knowledge and (c) Real GDP per person which represents Income for decent living. 6. Physical quality of life index (PQLI): This is non-income indicator of economic development because this uses physical quality of life as the indicator. This method of measuring economic development is based on the following three things. They are:– (a) Life expectancy (b) Infant mortality (c) Literacy. Countries having low life expectancy, low literacy rate and high infant mortality will have low index. If in any country PQLI is increasing then it indicates the increase in the physical quality of the life of people. Increase in per-capita income does not necessarily indicate the increase in the facilities like healthy food, health, situation, education, etc. Therefore PQLI method is taken to be better indicator than per-capita income method. In addition to these various indicators the following facts are also taken as the indicators of economic development. (a) Equality improvement.(b) Poverty alleviation(c) Quality of life (d) Capital formation(e) Fulfillment of basic needs.(f) Population growth rare (g) Increase in employment opportunities (h) Decrease in dependence on agriculture (i) Increase in entrepreneurship (j) Utilization of natural resources (k) Increase in export of finished goods. (l) Trade diversification (m) Extension of infrastructures DIFFERENCES BETWEEN ECONOMIC GROWTH AND ECONOMIC DEVELOPMENT In general words, economic development refers to the problems of underdeveloped countries and economic growth to those of developed countries. The raising of income levels is generally called economic growth in rich countries and in poor ones it is called economic development. But this view does not specify the underlying forces which raise the income levels in the two types of economies. The problems of underdeveloped countries are concerned with the development of unused resources, even though their uses are well known, while those of advanced countries are related to growth, most of their resources being already known and developed to a considerable extent. In fact, the terms development and growth have nothing to do with the type of economy. The distinction between the two relates to the nature and causes of change. These two terms may also be explained as the development is a discontinues and spontaneous change in the stationary state which forever alters and displaces the equilibrium state previously existing; while growth is a gradual and steady change in the long run which comes about by a gradual increase in the rate of savings and population. This view has been widely accepted and elaborated by the majority of economists. Economic Growth does not take into account the depletion of natural resources which might lead to pollution, congestion disease. Development however is concerned with sustainability which means meeting the needs of the present without compromising future needs. These environmental effects are becoming more of a problem for Governments now that the pressure has increased on them due to Global warming. According to another school of thought, economic growth means more output, while economic development employs both more output and changes in the technical and institutional arrangements by which it is produced and distributed. Growth may well involve not only more output derived from greater amounts of inputs but also greater efficiency, either, and increase in output per unit of input. Development goes beyond this two employ changes in the composition of output and in the allocation of inputs by sectors. According to some classical economists the growth is an expansion of the system in one or more dimensions without a change in its structure, and development is an innovative process leading the structural transformation of social system. Thus economic growth is related to a quantitative sustained increase in the countrys per capita output or income accompanied by expansion in its labor force, consumption, capital, and volume of trade. On the other hand, economic development is a wider term. It is related to qualitative change in economic wants, goods, incentives, and institutions. It describes the underlying determinants of growth such as technological and structural change. Development embraces both growth and decline. An economy can grow but it may not develop because poverty, unemployment and inequalities may continue to persist due to the absence of technological and structural changes. But it is difficult to imagine development without economic growth in the absence of an increase in output per capita, particularly when population is growing rapidly. Despite these apparent differences, some economists use these terms as synonyms.

Jays Journal :: Teen Suicide Book Report

Jay's Journal is an interesting book written by Jay. The story is about Jay and how he was led into witchcraft and the occult and using drugs by his girlfriend and others. The author tells how Jay was led into all of this, and it also tells how he got his two best friends into using the same stuff and into the occult also known as the O. The author describes how he learned that the human race was afraid of mind over matter techniques and learned how to use them himself. He was able to levitate small objects and see peoples auwa and aura. This is a great book because it helps some people that deal with the same problems to see what might happen if they choose to follow the same path. I really liked this book because it might help people deal with this type of stuff, it was written in a real person's journal and described what led to his death , and I like how it says what happened every day of his life. One reason I like this book is because it could possibly help people who are going through these same problems he was. Jay was peer pressured by his girlfriend to steal drugs from his father's store and to use them himself. Jays Journal :: Teen Suicide Book Report Jay's Journal is an interesting book written by Jay. The story is about Jay and how he was led into witchcraft and the occult and using drugs by his girlfriend and others. The author tells how Jay was led into all of this, and it also tells how he got his two best friends into using the same stuff and into the occult also known as the O. The author describes how he learned that the human race was afraid of mind over matter techniques and learned how to use them himself. He was able to levitate small objects and see peoples auwa and aura. This is a great book because it helps some people that deal with the same problems to see what might happen if they choose to follow the same path. I really liked this book because it might help people deal with this type of stuff, it was written in a real person's journal and described what led to his death , and I like how it says what happened every day of his life. One reason I like this book is because it could possibly help people who are going through these same problems he was. Jay was peer pressured by his girlfriend to steal drugs from his father's store and to use them himself.

Brunswick Plastics Essay

Introduction Brunswick Plastics, located in Canada, is an injection molding company. Brunswick Plastics produces 50 different products; however, they are not reaching capacity. Production required multiple labor hours, and since they weren’t at capacity, they were finishing a little above breakeven. The Division Manager of Brunswick Plastics, Michael Smith was informed of an opportunity for his company and must make a decision on whether or not to venture into this opportunity. Mr. Smith was informed of a project of producing 150,000 milk crates. He can place a bid for the project. However, Mr. Smith isn’t confident in the information that he has, and needs answers to best estimate the costs of producing the additional units. The costs that he knows are as follows: Production Labor$0.14 Loading Labor 0.02 Crate Materials 1.71 Stamp Materials 0.04 TOTAL$1.91 per unit Stamping Machine $5,000 one-time cost Mr. Smith must make a critical pricing decision to have a competitive advantage in the bid process. He has specific questions which answered, will provide a confident grasp on the situation to enable him to make a decision on whether to place the bid and at what price. If the bid is too high, it will most likely be rejected, and the company would lose the opportunity to reach capacity and make a higher profit. But, if the bid is too low it would cause a loss for the company. We will answer Mr. Smith’s questions throughout this case analysis. Question #1: Based on your interpretation of Exhibit 3, what is your estimate of the change in â€Å"PFMOH† cost if the factory were to run one extra batch of 150,000 milk crates? Based on the interpretation of Exhibit 3, the linear regression that has the most accurate relationship with Plant Fixed Manufacturing Overhead (PFMOH) is Direct Labor Hours (DLH). Michael Smith calculated that 3,472 scheduled machine hours would be need, 2,083 running hours. Using the equation, PFMOH=4321+(2.85*DLH), and knowing that an operator must be present for each hour of scheduled machine hours (3,472), we can determine an increase of $14,216.20. We must also factor in depreciation expense (straight line depreciation) of $500 annually ($5,000/10years). Yielding a change of $14,716.20. 4,321+(2.85*3,472)=$14,216.20 $14,216.20+$500=$14,716.20 Question #2: What is your estimate of the incremental cost per unit for one batch of 150,000 milk crates? The incremental cost per unit is $2.09 and is determined by adding the direct labor and direct materials per unit to the variable overhead. Variable overhead is determined by multiplying the number of machine hours by the â€Å"rule of thumb† for variable overhead, which is stated in the case as $13 per machine hour of â€Å"running time,† and dividing the product by the number of units. ($13*2,083)/150,000=$0.18 $1.91+.18=2.09 Question #3: What does Exhibit 2 suggest would be a â€Å"normal† price for milk crates for an â€Å"average† job shop? What does this suggest about the $3.00 price which seems to prevail at the time of the case? The case suggests the price for the crates for an average job shop is: 150,000*$3.00=$450,000*57%=$256,500 Therefore, the direct materials and direct labor is $256,500, $1.71 per unit for the average job shop. At $1.71 per unit, Brunswick’s bid price will be much higher at $3.00, which increases the chance that the bid will be rejected. Question #4: What is the â€Å"strategically relevant† cost per unit for milk crates? (for purposes of deciding whether or not the $3.00 â€Å"market price† is profitable, on an ongoing basis) At $3.00 market price, producing the 150,000 crates would be profitable for Brunswick, because the profit per unit is $0.81. Production Labor$0.14 Loading Labor 0.02 Crate Materials 1.71 Stamp Materials 0.04 Variable Overhead 0.18 PFMOH 0.10 TOTAL COST$2.19 per unit $14,716.20/150,000=$0.10 $3.00-$2.19=$0.81 At $0.81 a unit for 150,000 units, Brunswick’s annual profit would be $121,500. $0.81*150,000=$121,500 Question #5: What is your advice to Mr. Smith regarding the milk crate opportunity? Be specific and show the calculation supporting your advice.  Assuming the original fixed costs will not be changed, we would recommend that Mr. Smith place the bid for the project. A price of $3.00 is the average current market price; however, considering Mr. Smith’s need for the contract to alter his contribution margin and to meet capacity, we recommend him bidding at $2.90. His opportunity cost of not getting the bid is greater than the $0.10 he will lose if he made a bid at $2.90.The chances are fair for Mr. Smith’s bid to be accepted at this price. If it is accepted, Brunswick would increase their profit by $106,500 annually. They would also come much closer to meeting capacity if they placed the bid. $2.90 Market Price per unit-$2.19 Total Cost per unit= $0.71*150,000 units=$106,500 of profit Question #6: What overall strategic advice do you have for Mr. Smith? What isn’t the business doing better, given the new â€Å"specialties strategy† and good business conditions? Support your answer with relevant cost analysis. Based on details within the case, Mr. Smith is obviously bidding jobs too high and not allowing his plant to increase its volume and obtain full  capacity. We would advise Mr. Smith to get a better understanding of his costs in order to price his jobs more competitively. Take this project for example, if the incremental cost of this milk crate project is $2.09 and he is certain he can win the bid at $2.90, then that $0.81 of revenue can contribute to 55% of the SG&A costs for the year, from a project that is only 25% of Brunswick Plastics annual sales revenue. Additionally, the case states that a successful bid would give Brunswick a competitive advantage in future orders. Therefore, if they won the other half of the milk crate orders, it would further cover their fixed overhead and not hinder the capacity requirements of the other products Brunswick produces. $0.81*150,000=$121,500/$220,000=.55 or 55% Conclusion Considering the calculations we have made, we recommend that Michael Smith place a bid on behalf of Brunswick Plastics for the 150,000 milk crate project at $2.90. It will be wise for Mr. Smith to come in at the lowest market price to dramatically increase the chances of his bid being accepted. Brunswick needs to win this bid so that they may be able to better their contribution margin and come closer to meeting capacity. A win will also increase profit, so they are much higher above breakeven. This could lead to further business with the Dairy Counsel as well.

Uncertainty Reduction Theory Annotated Bibliography

Theory & Rhetoric Annotated Bibliography Uncertainty Reduction Theory 1). Witt, P. , & Behnke, R. (2006). Anticipatory Speech Anxiety as a Function of Public Speaking Assignment Type. Communication Education, 55(2), 167-177. doi:10. 1080/03634520600566074. * Research Questions: -Why does public speaking generate anticipatory anxiety? -Is public speaking anxiety dependent on assignment type? -How can anticipatory public speaking anxiety be controlled? Key Terms: Public Speaking, Speech Anxiety, State Anxiety, Trait Anxiety, Assignment Type * Thesis: Most individuals who enroll in communication courses do so in order to improve their presentational skills and to increase the enjoyment that they derive from their communication performances. * Theoretical Perspective: -Uncertainty Reduction Theory -Interpretive * Case Studies: -185 undergrads in entry level communication performance course -171 undergrads in entry level communication performance course * Implications: Therapeutic Intervention, Pedagogical Application * Future Research Questions: Can anticipatory public speaking anxiety not only be controlled but eliminated? -Is there any method that can help change trait anxiety as easily as state anxiety? -How can a better understanding of trait anxiety help ease anticipatory anxiety? 2). Pratt, L. , & Wiseman, R. (1999). Interrogative strategies and information exchange in computer-mediated communication.Communication Quarterly, 47(1), 46-66. Retrieved from Academic Search Complete database. * Research Questions: -Is there a difference between face-to-face communication and computer mediated communication? How does age coincide with computer mediated communication? -Are different styles of computer mediated communication dependent on geographical location? * Key Terms: Uncertainty Reduction, Asynchronous Communication, Interrogative Strategies, Question Typologies, Content Analysis * Thesis: Results suggest that the interrogative strategies we engage in to achieve interpersonal connectedness are sometimes different in computer-mediated communication (CMC) and a new standard for transacting relational message exchange may be emerging. * Theoretical Perspective: -Interpretive -Social Exchange Theory* Case Studies: 200 â€Å"epals† selected for content analysis of their emails to each other -316 messages analyzed between 10 pairs of â€Å"epals† * Implications: -People react differently to emails because they lack the requirement for an immediate response. -The shorter the time between a sent and read email will increase the chance of response. * Future Research Questions: -Why do â€Å"epals† want to know about others attitudes and opinions? -Is the medium redefining the type of message we send? – Is the quality of selective message construction found in asynchronous e-mail (Walther, 1996a) producing a new standard for interpersonal connectedness? ). Goldsmith, D. (2001). A Normative Approach to the Stu dy of Uncertainty and Communication. Journal of Communication, 51(3), 514. Retrieved from Academic Search Complete database. * Research Questions: -How can uncertainty reduction theory be applied outside of stranger to stranger interactions? -How do different communities treat uncertainty in communication? -What are the different levels of uncertainty in communication?* Key Terms: Frequency of Communication Behaviors, Level of Uncertainty, Level of Relational Qualities * Thesis: A normative pproach entails a shift in focus from measuring level of uncertainty to examining multiple and potentially conflicting meanings of uncertainty, a shift from measuring communication behaviors to evaluating communication practices, and a shift from predicting what people will do to predicting and explaining the effectiveness and appropriateness of what they do in response of uncertainty. * Theoretical Perspective: -Interpretive -Critical * Case Studies: -Puerto Rican Community -Western Apache Commu nity -Malagasy Community -White, College Educated North Americans* Implications: Uncertainty is a fundamental human experience. -Different communities react to communication uncertainty differently. -Uncertainty is not static there are many forms of uncertainty that need to be taken into consideration differently. * Future Research Questions: -What can uncertainty in other cultures teach us about our own uncertainty? -How has uncertainty in communication changed over time? -How does the frequency of behaviors affect the overall uncertainty of a relationship? 4). Maguire, K. (2007). â€Å"Will It Ever End? â€Å": A (Re)examination of Uncertainty in College Student Long-Distance Dating Relationships.Communication Quarterly, 55(4), 415-432. doi:10. 1080/01463370701658002. * Research Questions: -How does a long distance relationship affect a person’s daily life? -What kinds of uncertainty do long distance relationships lead to? -How does an individual in a long distance relati onship cope with stress compared to someone in a close relationship? * Key Terms: Coping, Distress, Long-Distance Relationships, Relationship Satisfaction, Uncertainty * Thesis: Research in the area of stress and coping suggests that a close relationship with a romantic partner helps individuals cope with stress * Theoretical Perspective: Uncertainty Reduction Theory -Uncertainty Management Theory -Interpretive* Case Studies: -Undergrads from a South-Central college -Norton’s Quality Marriage Index * Implications: -Any relationship where the partner is too far to visit every day is considered a long distance relationship. – Close relationships are more successful than long distance relationships. -Uncertainty is not inherently problematic in long distance relationships * Future Research Questions: -What can be done to ensure success in a long distance relationship in terms of uncertainty? Why is the visual/physical aspect of a relationship over power the uncertainty fo und in long distance relationships? -How is relational uncertainty not inherently an unwanted state? 5). Brumfield, E. (2008). Using Online Tutorials to Reduce Uncertainty in Information Seeking Behavior. Journal of Library Administration, 48(3/4), 365-377. Retrieved from Academic Search Complete database. * Research Questions: -How does asynchronous delivery differ from synchronous delivery? -How does the length of the tutorial affect its overall effectiveness?How does the design of the tutorial affect its quantity of use? Key Terms: Distance Learners, Distance Education, Information Seeking Behavior, Online Tutorials * Thesis: Information seeking behavior results from a determination of an information need and the realization that there is insufficient knowledge to address that need.. * Theoretical Perspective: -Uncertainty Reduction Theory -Interpretive * Case Studies: -Wilson, Ford Research -A&M University -Stephen F. Austin University * Implications: -The overall effectiven ess of tutorials is dependent on a large number of variables such as visual appeal. –The students skill and attitude play a big role it a tutorials effectiveness. Future Research Questions: -What can be done to help improve student’s attitudes towards tutorials? -How has the introduction of these tutorials help reduce uncertainty in personal relationships? -Can these findings be applied to cultures other than our own? 6). Rubin, R. , & McHugh, M. (1987). Development of Parasocial Interaction Relationships. Journal of Broadcasting & Electronic Media, 31(3), 279-292. Retrieved from Academic Search Complete database. * Research Questions: -How do viewers become attached to specific television characters? Are there any universal qualities that attract viewers to characters? -How can uncertainty reduction and uses and gratification theory help explain these character to viewer relations?* Key Terms: Social Interaction, Uncertainty, Interpersonal Communication, Telev ision Characters * Thesis: This investigation explored the possibility of a parallel pattern of relationship development with media characters, applying principles from both uses and gratifications and uncertainty reduction theories to understand further the development of parasocial interaction relationships. Theoretical Perspective: -Interpretive -Critical -Uses and Gratification Theory * Case Studies: – Parasocial Interaction Scale Survey Study -The 15 Item Scale Study * Implications: -Social attraction is key in developing parasocial interaction relationships. -Attraction occurs through a great level of exposure to a character. -Relationship importance is a construct that differs from attraction. * Future Research Questions: –How can the findings of these studies be applied to network television? How does the uncertainty reduction theory apply to non face-to-face relationships such as in a television character? – How can the results of these studies relate t o the concept of market research? 7). Theiss, J. , & Solomon, D. (2008). Parsing the Mechanisms that Increase Relational Intimacy: The Effects of Uncertainty Amount, Open Communication About Uncertainty, and the Reduction of Uncertainty. Human Communication Research, 34(4), 625-654. doi:10. 1111/j. 1468-2958. 2008. 00335. x. * Research Questions: Why are there 3 competing mechanisms that affect the amount of intimacy in romantic relationships? -Which of the 3 mechanisms is the most effective in romantic relationships? -Are there any variables that interrupt the effectiveness of the 3 mechanisms? * Key Terms: Uncertainty, Intimacy, Interpersonal Relations,* Thesis: Uncertainty and its management hold a prominent place in the study of interpersonal communication. * Theoretical Perspective: -Interpretive -Critical -Uncertainty Reduction Theory * Case Studies: -Longitudinal Study Distinguishing Uncertainty Implications: -There is something inherently rewarding about the process in r educing uncertainty. -Openness of communication about uncertainty has a positive impact on perceptions of intimacy. -The uncertainty reduction process is perceived as rewarding in close relationships. * Future Research Questions: -How can the findings of this study help intimate relationships in turmoil? -Are there any other factors that affect intimate relationships outside of the 3 mechanisms discussed in this study? -Are there any instances contrary to this study?

Study of the 2010 Deepwater Horizon BP oil spillage in the Mexican Gulf The WritePass Journal

Study of the 2010 Deepwater Horizon BP oil spillage in the Mexican Gulf Introduction Study of the 2010 Deepwater Horizon BP oil spillage in the Mexican Gulf IntroductionThe Topic: Potential Implications on Corporate Governance:Cleaning of the spill:Financial ClaimsFinancial LiquidityInvestigation by BP:Internal initiatives of BP:Rebuilding the Reputation:BP’s Business StrategyConclusionList of ReferencesRelated Introduction The Topic: This assignment highlights the incident of the Deepwater Horizon oil spillage in the Mexican Gulf which took place from April 2010, as well as a brief explanation of the financial consequences faced by BP. It also discusses the potential implications of this event regarding BP’s corporate governance regulations. Explanation of the Event: Deepwater Horizon was a deepwater mobile offshore drilling unit. The rig was so high in length and width that it could easily conduct its operations in deep waters. It was owned by Transocean Ltd. Then Transocean Ltd and BP had a leasing contract until 2013. BP planned to drill a well through this rig and it started the drilling process in February 2010. In April 2010, a very big explosion in the Mexican Gulf was caused on the Deepwater Horizon which was recorded as the highest oil spill in the US history. The Deepwater Horizon was sunk deeply and the oil was continuously flowing into the Gulf of Mexico. According to R, Z (2010), 206 million gallons of oil was spewed.   Around 126 workers were managed to be evacuated from the affected area, whereas 11 workers were missing who were later presumed to have passed away. Efforts were put in by BP to cap the well but unfortunately, it did not work out. In July 2010, BP had capped the well. However, it was too late since the incident occurred as the oil had flowed in large quantities to the ocean and it already had created the biggest environmental loss in the history. Cleveland, C (2011) discusses that Since Transocean Ltd and BP were working under a contract for drilling the well, the government of the US considered BP to be responsible for the accident, and therefore, BP was accountable for paying all the cleanup costs which occurred due to the oil spill. BP agreed with the US government on accepting the responsibility of all costs.   Even if the costs are covered, it was analysed as the loss which had numerous negative effects on the entire globe. Potential Implications on Corporate Governance: Because of the emergence of the crisis regarding the Deepwater Horizon, the Corporate Governance of BP had to work and plan about the potential implications in an effective manner. Through this incidence, BP Corporate Governance learned many lessons in terms of delivering environmental safety and fulfilling its commitments. In order to respond well for the incident, the Corporate Governance of BP formed the Gulf of Mexico committee. The responsibility of this committee was to restore the losses that occurred in the Gulf of Mexico. Following are some initiatives that were to be implemented after the incidence of Deepwater Horizon oil spillage: Cleaning of the spill: The BP board had to monitor the operations of the company in terms of capping the well. The management of the company kept the board in contact and thus, it provides updates to the board on a regular basis. Moreover, the board of BP has decided to continuously work on cleaning up the beaches as well as to work for the communities which are affected by this disaster. Financial Claims There have been seen many legitimate claims against BP, Therefore, the company is now meeting these claims as well as the company’s board is monitoring these claims. The board regarding Corporate Governance of BP has planned about establishing a trust fund and this has been approved with the consent of the White House. This step is going to be taken so that BP’s commitment for accepting all the claims occurring from the event can be proved to all its stakeholders. Financial Liquidity BP was unable to cap the well after this major event. It is due to this reason that the company faced a major loss in terms of its financial standing as well as it suffered negativity in financing because its credit-rating decreased instantly. BP (2010) reports that the company suffered huge financial uncertainties as it lost a huge amount of money in paying claims as well as in establishing a trust fund which cost around 20 billion dollars. Therefore, considering the Corporate Governance of the company, the BP board reviewed the company’s dividend policy. According to the current financial situation of BP after the Deepwater Horizon incident, the company has planned to cancel the dividends of its first quarter. Additionally, it made an announcement that in 2010, the second and third quarters of the year would have no interim dividends. Furthermore, the payments of dividends would be made in 2011. The present financial situation of BP after the incident suggests that the cash resources available to the company are quite less now as compared to its earlier financial situations. Therefore, for having a stable financial position in the market, the board has reduced the level of spending on the capital of the company in 2010. However, the company’s corporate governance is also making sure that the stakeholders are aware of this. Investigation by BP: An investigation has been undertaken by the corporate governance of BP, for identifying the events which surround the unforgettable incident of the Deepwater Horizon. According to Gupta, S (2010), the oil is still there in the underwater in a large quantity. The company is also focusing on coming up with some really effective recommendations relating to the prevention of such accidental occurrences in future. BP produced a report after the conduction of the investigation, named The Deepwater Horizon Accident Investigation Report. This report from the BP included the recommendations for preventing the similar accident in any future situation. Internal initiatives of BP: After the accident, there are some internal initiatives made by BP’s management. These initiatives also include the new possible learning for the improvement of the risk processes within the company. One of the initiatives is the development of an entirely new division of safety and risk. Additionally, one more initiative by the company includes dividing one business, i.e. Exploration and Production segment into three different divisions i.e. Exploration, Development and Production. Dividing a single operation into three different functions means that it will further promote the development in terms of expertise and risk management for the long run. Rebuilding the Reputation: The trust and credibility of BP for its stakeholders is affected a lot after the company held responsible for the huge environmental and societal loss. It can take years to rebuild that trust. Therefore, the corporate governance has started playing an active role in bringing back the reputation of the company which existed before the incident. However, no matter how efficiently the company focuses on rebuilding the previous reputation of BP, it seems quite impossible that it manages to stand out once again in the market facing other similar companies in the industry. Now it has to pay for it as well as wait for a long time to face the world again. BP’s Business Strategy Because of the incident of Deepwater Horizon, the board of BP is reviewing its strategy and made changes in it as following: The events in the Gulf of Mexico led the board to undertake a review of strategy. Led by the group chief executive and his team, the board attempted to address the key challenge of how to regain shareholder value and address core issues, including: To focus on BP’s operations geographically To manage BP’s risk more effectively To focus on BP’s core competency To reset the portfolio of BP Conclusion In April 2010, the Globe faced a disaster in the Mexican Gulf which was ranked as the one which caused the highest loss for the environment, society, as well as the economy in the US history, i.e. Deepwater Horizon oil spillage. Analysing the event from JSEAFORD (2010),the brand image of BP has been suffered to a great extent, negatively affecting its financial position as well as the shareholder value and the reputation and credibility among its stakeholders. BP having a recognition of being a global company, have the positioning in the minds of people that it is a company which does not care much about the planet if it has to make profits. This perception can be justified from the fact that according to The New York Times (2011), BP took steps which actually saved their own time for working through the rig and just did not care about the dangers involved in those steps. Additionally, for global organisations to achieve success, it is essential for them that they should build a mindset in the organisational culture about focusing not only on profits, but it is quite significant to focus equally on the planet as well as its people. This indicates that an organisation can only prosper and earn its desired profits if it aligns the wellbeing of the environment and the people living in the society, as they also are the stakeholders of the organisation’s business. Without aligning the business with environment and society means that the company is just running its business on selfish terms. Thus, the BP incident shows that the environmental and societal concerns were not present in the scenario, which resulted into extremely negative consequences. However, concluding from The Economist (2011), environmentalists say that the consequences are so negative that the surroundings as well as the people living and working near the affected place are going to recover after many more years. List of References BP (2010) BP Annual Report 2010 [online] available at bp.com/liveassets/bp_internet/globalbp/globalbp_uk_english/set_branch/STAGING/common_assets/downloads/pdf/IC_CG10_board_performance_report_2010.pdf [24th March 2011] Cleveland, C (2011) The Encyclopedia of Earth [online] available from eoearth.org/article/Deepwater_Horizon_oil_spill?topic=50364 [24th March 2011] Gupta, S (2010) Gulf spill: Is the oil lurking underwater? [online] available from newscientist.com/article/dn19345-gulf-spill-is-the-oil-lurking-underwater.html [24th March 2011] JSEAFORD (2010) The Impact of the Deepwater Horizon Oil  Spill [online] available from http://jseaford.wordpress.com/2010/09/30/the-impact-of-the-deepwater-horizon-oil-spill/ [24th March 2011] R, Z (2010) Gulf Oil Spill: BP Oil Well Is Now Dead [online] available from http://morichesdaily.com/2010/09/gulf-oil-spill-bp-oil-dead/ [24th March 2011] The Economist (2011) What lies beneath [online] available from economist.com/node/16160853/comments [24th March 2011] The New York Times (2011) Gulf of Mexico Oil Spill (2010) [online] available from http://topics.nytimes.com/top/reference/timestopics/subjects/o/oil_spills/gulf_of_mexico_2010/index.html [24th March 2011]

Microeconomic Analysis

Microeconomic Analysis Binding price ceiling The forces of demand and supply in the market determine the prevailing market price. This is the equilibrium price. However, there are instances where market conditions do not regulate prices. These are instance when government comes in to set either minimum or maximum prices.Advertising We will write a custom essay sample on Microeconomic Analysis specifically for you for only $16.05 $11/page Learn More This is especially when government feels that the market prices will exploit either consumers or suppliers. Price ceiling is a scenario where the government sets maximum price at which sellers must sell goods and services. The essence of setting binding price ceiling is to a minimize consumer exploitation (Baumol Blinder 2011). Market for rental accommodation Before price ceiling, the forces of demand and supply set the equilibrium prices for rental accommodation. In the short run, the supply for rentals is inelastic. However in the lo ng run, it is elastic (Bernanke Frank 2003). The diagram below shows market for rentals in the long run. In the diagram above, the equilibrium price is $100,000. The equilibrium quantity demanded is 50 units of rentals. Area b shows consumer surplus and area c shows producer surplus. Imposition of binding price ceiling changes the equilibrium condition as shown below (Federal Housing Finance Agency 2012). After imposition of a price ceiling, the equilibrium price changes to $80,000. The quantity demanded is 60 units while the quantity supplied is 45 units. Therefore, there is a state of disequilibrium in the market. After price restriction, area bb show consumers’ surplus. Area c shows producer surplus. It is clear that that the producer surplus has declined. Consumers’ surplus has increased.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Black market Black marke t sells goods at prices different from those approved by relevant authorities. Few manufacturers and many retailers characterize the market. In most cases, it is not possible to trace the manufacturers. Also, it is impossible to control black market. Price ceiling with or without rationing gives rise to the black market (Tregarthen Rittenberg 2008). The diagram below illustrates a black market. In the diagram above, a trader operating in a black market will buy quantity of goods amounting to QE at price P1. Therefore, area cc shows the total he will pay. He then sells the goods at P2 making a profit of area bb. In such a market set up, the seller gains since he is making exorbitant profits from the excess demand while the buyer looses because he pays more than the equilibrium price. Effects of price ceiling Price ceiling causes acute shortage in supply of the good or service. This is because, at prices below the equilibrium price, the product looks unattractive to the producers. O n the other hand, demand will rise. This is because the low prices attract buyers. This results to long queues at shops and discrimination by sellers. Therefore, there is distortion of equilibrium condition. This is because it makes quantities bought and sold to fall below the equilibrium. This creates inefficiency in the economy (Wessels 2006). A price ceiling leads to loss in welfare of both producers and consumers. This is often known as dead weight loss. The diagram below illustrates dead weight loss Advertising We will write a custom essay sample on Microeconomic Analysis specifically for you for only $16.05 $11/page Learn More Before setting the price ceiling, area a1 and b1 shows consumer surplus and area a2, b2 and c shows producer surplus. After setting the price restriction, area b1 and b2 shows consumer surplus and area c shows producer surplus. This indicates reduction in welfare of the producers. Besides, area a1 and a2 is not attributed to any player in the market. Therefore, it represents a lost welfare. This area is known as dead weight loss. Therefore, price ceiling results to loss in welfare (Wessels 2006). Allocation technique available to the government Given the high demand against reduced supply, government must find a way of allocating the available supply. For instance, government can ration the supply. Administratively, this can be achieved by giving coupons sufficient to buy the available supply. Distribution of these coupons can either be equally or based on a various attributes such as sex, number of dependants and marital status (Mankiw 2011). Options available to owners In the absence of government monitored allocation techniques, owners of rental properties use various techniques to allocate the rental accommodation facility. A common technique is the policy of first come first serve. In this method, allocation is on the basis of luck. Those who know how to use the principle of first come first served ga in most. However, this system makes customer to rush and create long queues. The landlords can also allocate the scarce rental accommodation on the basis of who they know. This can be based on religion, regular customers and race among others. This approach is known as seller’s preferences. This approach leads discrimination. This also leads to inequitable distribution of rental accommodation (Melvin Boyes 2010). Reference List Baumol, W Blinder, A 2011, Economics: Principles Policy, Joe Sabatino, USA. Bernanke, B Frank, R 2003, Principles of microeconomics, McGraw Hill Companies, USA. Federal Housing Finance Agency 2012, Supervision and regulation. Web.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Mankiw, G 2011, Principles of microeconomics, South Western Cengage Learning, USA. Melvin, M Boyes, W 2010, Microeconomics, Joe Sabatino, USA. Tregarthen, T Rittenberg, L 2008, Principles of microeconomics, Flat World Knowledge, Inc., New York. Wessels, W 2006, Economics, Baron Educational Series, USA.

Lockheed U-2 Spy Plane

Lockheed U-2 Spy Plane In the years immediately after World War II the US military relied on a variety of converted bombers and similar aircraft to collect strategic reconnaissance. With the rise of the Cold War, it was recognized that these aircraft were extremely vulnerable to Soviet air defense assets and as a result would be of limited use in determining Warsaw Pact intentions. As a result, it was determined that an aircraft capable of flying at 70,000 feet was needed as existing Soviet fighters and surface-to-air missiles were incapable to reaching that altitude. Proceeding under the codename Aquatone, the US Air Force issued contracts to Bell Aircraft, Fairchild, and Martin Aircraft to design a new reconnaissance aircraft capable of meeting their requirements. Learning of this, Lockheed turned to star engineer Clarence Kelly Johnson and asked his team to create a design of their own. Working in their own unit, known as the Skunk Works, Johnsons team produced a design known as the CL-282. This essentially married the fuselage of an earlier design, the F-104 Starfighter, with a large set of sailplane-like wings. Presenting the CL-282 to the USAF, Johnsons design was rejected. Despite this initial failure, the design soon received a reprieve from President Dwight D. Eisenhowers Technological Capabilities Panel. Overseen by James Killian of the Massachusetts Institute of Technology and including Edwin Land from Polaroid, this committee was tasked with exploring new intelligence weapons to protect the US from attack. While they initially concluded that satellites were the ideal approach for gathering intelligence, the necessary technology was still several years away. As a result, they decided that new spy plane was needed for the near future. Enlisting the aid of Robert Amory from the Central Intelligence Agency, they visited Lockheed to discuss the design of such an aircraft. Upon meeting with Johnson they were told that such design already existed and had been rejected by the USAF. Shown the CL-282, the group was impressed and recommended to CIA head Allen Dulles that the agency should fund the aircraft. After consulting with Eisenhower, the project moved forward and Lockheed was issued a $22.5 million contract for the aircraft. Design of the U-2 As the project moved forward, the design was re-designated U-2 with the U standing for the deliberately vague utility. Powered by the Pratt Whitney J57 turbojet engine, the U-2 was designed to achieve high altitude flight with a long range. As a result, the airframe was created to be extremely light. This, along with its glider-like characteristics, makes the U-2 a difficult aircraft to fly and one with a high stall speed relative to its maximum speed. Due these issues, the U-2 is difficult to land and requires chase car with another U-2 pilot to help talk the aircraft down. In effort to save weight, Johnson originally designed the U-2 to take off from a dolly and land on a skid. This approach was later dropped in favor of landing gear in a bicycle configuration with wheels located behind the cockpit and engine. To maintain balance during takeoff, auxiliary wheels known as pogos are installed under each wing. These drop away as the aircraft leaves the runway. Due to the U-2s operational altitude, pilots wear the equivalent of a spacesuit to maintain proper oxygen and pressure levels. Early U-2s carried a variety of sensors in the nose as well as cameras in a bay aft of the cockpit. U-2: Operation History The U-2 first flew on August 1, 1955 with Lockheed test pilot Tony LeVier at the controls. Testing continued and by spring 1956 the aircraft was ready for service. Reserving authorization for overflights of the Soviet Union, Eisenhower worked to reach an agreement with Nikita Khrushchev regarding aerial inspections. When this failed, he authorized the first U-2 missions that summer. Largely flying from Adana Air Base (renamed Incirlik AB on 28 February 1958) in Turkey, U-2s flown by CIA pilots entered Soviet airspace and collected invaluable intelligence. Though Soviet radar was able to track the overflights, neither their interceptors nor missiles could reach the U-2 at 70,000 ft. The success of the U-2 led the CIA and US military to press the White House for additional missions. Though Khrushchev protested the flights, he was unable to prove that the aircraft were American. Proceeding in complete secrecy, flights continued from Incirlik and forward bases in Pakistan for the next four years. On May 1, 1960, the U-2 was thrust into the public spotlight when one flown by Francis Gary Powers was shot down over Sverdlovsk by a surface-to-air missile. Captured, Powers became the center of the resulting U-2 Incident which embarrassed Eisenhower and effectively ended a summit meeting in Paris. The incident led to an acceleration of spy satellite technology. Remaining a key strategic asset, U-2 overflights of Cuba in 1962 provided the photographic evidence that precipitated the Cuban Missile Crisis. During the crisis, a U-2 flown by Major Rudolf Anderson, Jr. was shot down by Cuban air defenses. As surface-to-air missile technology improved, efforts were made to improve the aircraft and reduce its radar cross-section. This proved unsuccessful and work began on a new aircraft for conducting overflights of the Soviet Union. In the early 1960s, engineers also worked to develop aircraft carrier-capable variants (U-2G) to extend its range and flexibility. During the Vietnam War, U-2s were used for high-altitude reconnaissance missions over North Vietnam and flew from bases in South Vietnam and Thailand. In 1967, the aircraft was dramatically improved with the introduction of the U-2R. Approximately 40% larger than the original, the U-2R featured underwing pods and an improved range. This was joined in 1981 by a tactical reconnaissance version designated TR-1A. The introduction of this model re-started production of the aircraft to meet the USAFs needs. In the early 1990s, the U-2R fleet was upgraded to the U-2S standard which included improved engines. The U-2 has also seen service in a non-military role with NASA as the ER-2 research aircraft. Despite its advanced age, the U-2 remains in service due to its ability to perform direct flights to reconnaissance targets on short notice. Though there were efforts to retire the aircraft in 2006, it avoided this fate due to the lack of an aircraft with similar capabilities. In 2009, the USAF announced that it intended to retain the U-2 through 2014 while working to develop the unmanned RQ-4 Global Hawk as a replacement. Lockheed U-2S General Specifications Length:  63 ft.Wingspan:  103 ft.Height:  16 ft.Wing Area:  1,000 sq. ft.Empty Weight:  14,300 lbs.Loaded Weight:  40,000 lbs.Crew:  1 Lockheed U-2S Performance Specifications Power Plant:  1 Ãâ€" General Electric F118-101 turbofanRange:  6,405 milesMax Speed:  500 mphCeiling:  70,000 ft. Selected Sources FAS: U-2The CIA the U-2 Program: 1954-1974

Portfolio Management Master Essay Example | Topics and Well Written Essays - 1000 words

Portfolio Management Master - Essay Example Thereafter the effects on smaller securities will be masked by those of larger portfolio. (Gruber 26). This is not to imply that returns will increase with sensitivity to the said factors. Because some factor that are prices cannot be diversified yet are persuasive, they will definitely affect the price returns as opposed to those that are unpriced yet can be diversified. Therefore the distinction of priced and unpriced factors defines the first role of APT in portfolio management. An example of this role in deciding to buy steels that are not persuasive to current prices, is for the APT manager to decide how to buy knowing they will not get extra returns. (Gruber 26), (Anonymous 337 - 352) Secondly, the manager must ensure that there is enough knowledge of choosing steel stocks to cover the extended risks and must also ensures that this risk is spread across several securities. Thus, the APT process must guarantee trade offs as prices make returns sensitive. This means that there is neither a good or bad decision, rather, risk return aim are the most guiding factors. (Gruber 26). Thirdly, APT will influence choice of portfolio depending on income. ... (Gruber 26) Therefore by use of Arbitrage Pricing Theory, the management will lay out a portfolio that considers several factors of influence under the prevailing market conditions. Thereafter priced risks will persuade the investor to take the greatest risk similar to CAPM. Risk will vary with sensitivity of the influences. However the market portfolio has no significance role in the decision of market performance. (Gruber 27). Hypothesis: Whenever the CEO of a company retires, an excess return can be made by buying the company's stock. This hypothesis can be tested by research into the retirement of famous CEO of companies that are listed in the stock exchange markets. Examples of key CEOs who have retired are Lee Raymond from Exxon Mobil (XOM), John Kanas from North Folk Bancorp, Robert Nardelli from Home Depot, Stan O'Neal from Merrill Lynch. A list of up to 50 CEOs who have retired from listed companies will need to be made to make up study of individual retirement and stock sale cases. (Oduma 1) Next research will need to be done to establish which which stocks sales went up or down as soon as the CEO of the respective companies retired from the listed companies. The assumptions to be held are that the stock quantities are stable as well as there price fluctuations. If more than 50% of these results reflect this statement, then the hypothesis can be said to hold. If not then the hypothesis in null. (Oduma 1) A long side this research, there will be need to identify factors that have previously led to increased buying of company stock. In this case, the issue of CEO's retirement will need to

National Council of Teachers of Mathematics (NCTM) Principles and Essay

National Council of Teachers of Mathematics (NCTM) Principles and Process Standards Worksheet - Essay Example 6. Expectations for each grade level (Pre K-2, Grades 3-5, etc.) are listed under each standard. Review the Math Standards and Expectations section and select two significant process standards. Explain in 100- to 200- words why you choose these two standards. I have decided to review the measurement standards, Data analysis and probability standards. I have chosen these two areas because they are the most challenging parts of mathematics involving critical thinking. In the case of measurement standards, a student between pre-k and grade two cannot distinguish between standard and nonstandard units. In addition, due to their age and class, understanding estimates is hard for them hence basic measurement tools become essential for them. For example, a grade two student cannot use a Vanier caliper since they will make numerous errors in the measurement. For the case of data analysis,expecting a grade two student to understand about graphs is an over estimate. Such should only learn the basics of data, how to classify them and use objects and pictures to represent data. In addition, the activity of designing investigation and the concept of categorical and numerical data is not fit for grade 3-5 student. This student should only be taught about data collection methods and how to represent the data using tables and graphs. Directions: Review the NCTM Principles and Process Standards for School Mathematics, and complete the following two tables. Table 1: NCTM Principles Description Provide a short description of each of the six NCTM principles for school mathematics. NCTM Principles Principle Description 1 Equity This means giving students equal opportunities to learn mathematics regardless of their personal characteristics, backgrounds, or physical challenges. 2 Curriculum This is the arrangement of mathematics topics in order to introduce ideas in a way that they build on each other thus portraying the relationship among important mathematical ideas. 3 Teaching Thi s is trying to give students as much information about a mathematics topic as possible. This can only be possible if teachers understand deeply the mathematics they are teaching. 4 Learning This is the concept understanding of a student about a particular mathematics concept and it enables the student to solve problems and settings that they have not encountered before. 5 Assessment This is the process of teaching while trying to uncover how much students have understood a certain topic during a particular learning period. 6 Technology This is the use of emerging learning machines like calculators and computers in working out mathematical problems. This actually has helped a lot since it has made some mathematical problems easier to solve and understandable. Table 2: NCTM Process Standards Complete the following table by providing a brief description and a real-world example of the five NCTM Process Standards for School Mathematics. NCTM Process Standards Standard Description Real-W orld Example 1 Problem solving This is applying mathematics knowledge to solve problems that arise in life and to design a strategy that monitors the way these problems are solved. If someone has 10 dollars to buy pens each at 2dollars, he can use mathematics to know the number of pens that he can buy. 2 Communication This is the use of other mathematical judgments to consolidate and organize a particular manner

American History after 1865 Coursework Example | Topics and Well Written Essays - 2000 words

American History after 1865 - Coursework Example History indicates that Roosevelt used antitrust threats with the aim of keeping various businesses within bounds (Divine et al., 667). 2.  How did Roosevelt and Wilson differ on regulating big business? Wilson did not trust in the opinions given by Roosevelt about business growth (Divine et al., 675). On his side, Roosevelt managed to lay out various reform programs that favored the growth of big businesses. Some of these reform programs included railroad regulations, and greater control over various corporations. Other reform programs included laws regulating child labor and factory inspections (Divine et al., 668). Another significant issue concerning Roosevelt in the business sector is that he always said that there was a need to enhance various regulations and legislation in a way of prohibiting big business from conducting evil. For example, Roosevelt ordered the army to prepare to seize the mines that were not corresponding with various regulations (Divine et al., 667). Wilso n had various views that differed with those of Roosevelt. He viewed that most of the monopolistic big businesses were enacting various operations that subjected the economy of America. He viewed that most of the operations that big businesses were carrying only oppressed the poor. In favor big businesses, Wilson refused to support the bill that would enhance provision of minimum wages for women workers (Divine et al., 667). He also sidetracked the child labor bill that was proposed by Roosevelt stating that the bill was unconstitutional (Divine et al., 667). 3.  What were the major features of  Wilson’s progressive reform program? One of the major features is that Wilson led the Congress in enacting major pieces of legislation into law. One of these pieces of legislation was the Underwood Tariff Act in 1913 (Divine et al., 675). The significance of the Act was that it lowered the tariff rates to about 15%. Moreover, the act also assisted in removing duties from sugar, wo ol and several other consumer goods (Divine et al., 675). The other piece of legislation that Wilson managed to pass was the Federal Reserve Act. The act was of significant importance to the American government in the sense that it provided a sound and flexible currency. The act also assisted in establishing the first efficient banking system in the country (Divine et al., 675). The other piece of legislation was the Clayton Antitrust Act that he managed to pass in 1914 (Divine et al., 676). The Act was of significance importance because it prohibited unfair trade practices. 4.  How did the Progressive movement manifest itself at the level of city government? The progressives managed to help most of the poor citizens uplift themselves. However, they viewed that there were two groups of poor people. There were those who were worthy of an uplift and there were those who posed as a threat to economic health and growth in the country. The progressives managed to advocate for labor in order the poor can managed to uplift their living conditions. Moreover, the progressives managed to advocate for various women rights. They also advocated a vision for better economic and family life. According to the progressives, this would enable most of the women come out from the labor force and meet their family obligations. The progressives also advocated for

Existentialist exercise Essay Example | Topics and Well Written Essays - 750 words

Existentialist exercise - Essay Example Rasheed’s focus on existentialism encompasses so many aspects. For instance, his pedagogical outlook encourages inclusivity and non-discriminative system which is fair in terms of race, gender, and other biases inherent in societal setups (Rasheed, 2007). The following discourse analyses educational leadership and pedagogical models based on the views presented by Rasheed (2007). Enforcing the new curricular standards that have been legislated by the government on the initiative of the state education agencies, according to few individuals, increases the problem of indiscipline; moreover, insofar as these ethics are enforced successfully, they tend to divide the students into what can be termed as an â€Å"academically successful minority† and an â€Å"academically discredited majority†(Connel, 1831). By neglecting the fact that classroom contain information as well as people, educators working within the formalistic paradigms have developed a technocratic curriculum that, instead of upholding critical thinking, fosters uncreative, repetitive education concept. As Theodore Sizer speculates; â€Å"Maybe Americans don’t want unnecessary questions for people who need answers. Perhaps in summary, the unchallenged mindlessness of so much of the status quo is truly acceptable; it does not make waves (Sizer, 1992). † Any teacher within this set-up who wants all her students to know more is principally concerned with giving her students more of what she, the skilled knows. Typical of this kind of education then is the teacher lecture. The text books normally provide information and the expert teacher clarifies or embellishes this particular information for her students. Students simply listen and capture notes. â€Å"Testing is generally the characteristic form of assessment, and the test questions characteristically have only one correct answers† (Sizer, 1996). The teacher remains alone as authority, an expert

New Equality Act 2010 Essay Example | Topics and Well Written Essays - 2750 words

New Equality Act 2010 - Essay Example However, they are not well embraced in the modern times. It is believed that all people are equal regardless of their gender and race. As such, governments have been pushing for equality policies across the world. The United Kingdom parliament introduced the equality act 2010. This act was based on a number of laws and acts that had been introduced in the United Kingdom in the past. Despite its introduction, equality is yet to be achieved in the workplace (Varkaik, 2005). There are many challenges facing the implementation of this act. The equality act 2010 promises to equate all people regardless of their gender and race in the workplace but faces many challenges in the implementation, which need to be addressed accordingly. History of Equality Act 2010 The vision and objectives of the equality act 2010 were proposed back in the 1960s. It had been realized that some groups, gender, and races were discriminated against in the United Kingdom in many sectors. Some people were paid less in the workplace; others had challenges getting jobs because they belonged to a certain race and others because of their gender. The equal pay act of the 1970 was the first law to be passed regarding this. According to this law, people doing the same workload in the same department are required to be paid the same amount regardless of their gender and race. ... No employer or institution would discriminate any person basing on these grounds (United Kingdom Legislation, 2013). Disability act of 1995 also forms a part of the equality act 2010. Disabled people should have equal opportunities to employment basing on this law. The Equality Law 2010 (Work Place) The passing of the Equality Act 2010 was embraced by many people across the United Kingdom. However, there are serious concerns about whether anything will change. Experts have been documenting everything that has been happening after passing of the vital acts which form a part of the Equality Act 2010. They have confirmed that indeed, not a lot of changes have been documented after the passing of those acts. No wonder some people have been questioning what has been happening in the last four decades from the time the Equal Pay act was passed in 1970. The very things the parliament meant to protect people from have been happening right under their eyes. Discrimination This is one of the l argest problems in the United Kingdom in the current times. Despite the passing of laws to reduce discrimination, research indicates otherwise (Favre, Grainger and Brewer, 2011). Women and minority races in the United Kingdom are the most affected. Women do not have equal opportunities with men in the work place (Verkaik, 2008). While many men are employed in well paying permanent jobs, only a few women are employed. The other women are employed in low paying part time (Lee, 2002). In fact, only about 30% on average women are employed in the permanent well paying jobs. The percentage of women in the low paying part time jobs is 79%. This clearly indicates that most

Existentialist exercise Essay Example | Topics and Well Written Essays - 750 words

Existentialist exercise - Essay Example Rasheed’s focus on existentialism encompasses so many aspects. For instance, his pedagogical outlook encourages inclusivity and non-discriminative system which is fair in terms of race, gender, and other biases inherent in societal setups (Rasheed, 2007). The following discourse analyses educational leadership and pedagogical models based on the views presented by Rasheed (2007). Enforcing the new curricular standards that have been legislated by the government on the initiative of the state education agencies, according to few individuals, increases the problem of indiscipline; moreover, insofar as these ethics are enforced successfully, they tend to divide the students into what can be termed as an â€Å"academically successful minority† and an â€Å"academically discredited majority†(Connel, 1831). By neglecting the fact that classroom contain information as well as people, educators working within the formalistic paradigms have developed a technocratic curriculum that, instead of upholding critical thinking, fosters uncreative, repetitive education concept. As Theodore Sizer speculates; â€Å"Maybe Americans don’t want unnecessary questions for people who need answers. Perhaps in summary, the unchallenged mindlessness of so much of the status quo is truly acceptable; it does not make waves (Sizer, 1992). † Any teacher within this set-up who wants all her students to know more is principally concerned with giving her students more of what she, the skilled knows. Typical of this kind of education then is the teacher lecture. The text books normally provide information and the expert teacher clarifies or embellishes this particular information for her students. Students simply listen and capture notes. â€Å"Testing is generally the characteristic form of assessment, and the test questions characteristically have only one correct answers† (Sizer, 1996). The teacher remains alone as authority, an expert

Self-Reflection Essay Example | Topics and Well Written Essays - 500 words

Self-Reflection - Essay Example Self-Reflection In my second essay concerning the dangers of children playing video games, I used as logical argument in some parts to convince the reader on the dangers of children playing video games. As noted in the classes of this course, one of the main components of good writing is â€Å"logos†. This is the ability to appeal to the logical aspect of an issue and engage the audience in a reasonable manner. In my essay I note that â€Å"When children are outside, they can make friends or they can spend time with their friends. They can laugh and run about as they play. They can share stories while waking together. Physical activity is then closely connected to social activity.† These statements are meant to convince the audience on the real importance of play to the children. The use of practical information succinctly captures the essence of physical activity in a manner that is resonant with the audience. During the course, I also learnt about the importance of solid development of the main concept in any writing. My essay on the effect of technology on different generation exemplifies the vital skill I learnt concerning progressive development of the subject matter. At the beginning of the essay, I reflected on the background issues relating to technology and the different generations that exist. This was meant to give the audience a contextual background based on the key elements of the topic. Having established a solid foundation of the topic, I then delved into the core issues that technology has on different generations by the use of detailed explanations.

Existentialism and Human Emotions Essay Example for Free

Existentialism and Human Emotions Essay I SHOULD LIKE on this occasion to defend existentialism against some charges which have been brought against it. First, it has been charged with inviting people to remain in a kind of desperate quietism because, since no solutions are possible, we should have to consider action in this world as quite impossible. We should then end up in a philosophy of contemplation; and since contemplation is a luxury, we come in the end to a bourgeois philosophy. The communists in particular have made these charges. On the other hand, we have been charged with dwelling on human degradation, with pointing up everywhere the sordid, shady, and slimy, and neglecting the gracious and beautiful, the bright side of human nature; for example, according to Mlle. Mercier, a Catholic critic, with forgetting the smile of the child. Both sides charge us with having ignored human solidarity, with considering man as an isolated being. The communists say that the main reason for this is that we take pure subjectivity, the Cartesian I think, as our starting point; in other words, the moment in which man becomes fully aware of what it means to him to be an isolated being; as a result, we are unable to return to a state of solidarity with the men who are not ourselves, a state which we can never reach in the cogito. From the Christian standpoint, we are charged with denying the reality and seriousness of human undertakings, since, if we reject Gods commandments and the eternal verities, there no longer remains anything but pure caprice, with everyone permitted to do as he pleases and incapable, from his own point of view, of condemning the points of view and acts of others. I shall today try to answer these different charges. Many people are going to be surprised at what is said here about humanism. We shall try to see in what sense it is to be understood. In any case, what can be said from the very beginning is that by existentialism we mean a doctrine which makes human life possible and, in addition, declares that every truth and every action implies a human setting and a human subjectivity. As is generally known, the basic charge against us is that we put the emphasis on the dark side of human life. Someone recently told me of a lady who, when she let slip a vulgar word in a moment of irritation, excused herself by saying, I guess Im becoming an existentialist. Consequently, existentialism is regarded as something ugly; that is why we are said to be naturalists; and if we are, it is rather surprising that in this day and age we cause so much more alarm and scandal than does naturalism, properly so called. The kind of person who can take in his stride such a novel as Zolas The Earth is disgusted as soon as he starts reading an existentialist novel; the kind of person who is resigned to the wisdom of the ages-which is pretty sad-finds us even sadder. Yet, what can be more disillusioning than saying true charity begins at home or a scoundrel will always return evil for good? We know the commonplace remarks made when this subject comes up, remarks which always add up to the same thing: we shouldnt struggle against the powers that-be; we shouldnt resist authority; we shouldnt try to rise above our station; any action which doesnt conform to authority is romantic; any effort not based on past experience is doomed to failure; experience shows that mans bent is always toward trouble, that there must be a strong hand to hold him in check, if not, there will be anarchy. There are still people who go on mumbling these melancholy old saws, the people who say, Its only human! whenever a more or less repugnant act is pointed out to them, the people who glut themselves on chansons realistes; these are the people who accuse existentialism of being too gloomy, and to such an extent that I wonder whether they are complaining about it, not for its pessimism, but much rather its optimism. Can it be that what really scares them in the doctrine I shall try to present here is that it leaves to man a possibility of choice? To answer this question, we must re-examine it on a strictly philosophical plane. What is meant by the term existentialism? Most people who use the word would be rather embarrassed if they had to explain it, since, now that the word is all the rage, even the work of a musician or painter is being called existentialist. A gossip columnist in Clartes signs himself The Existentialist, so that by this time the word has been so stretched and has taken on so broad a meaning, that it no longer means anything at all. It seems that for want of an advanced-guard doctrine ,analogous to surrealism, the kind of people who are eager for scandal and flurry turn to this philosophy which in other respects does not at all serve their purposes in this sphere. Actually, it is the least scandalous, the most austere of doctrines. It is intended strictly for specialists and philosophers. Yet it can be defined easily. What complicates matters is that there are two kinds of existentialists; first, those who are Christian. among whom I would include Jaspers and Gabriel Marcel, both Catholic; and on the other hand the atheistic exi stentialists among whom I class Heidegger, and then the French existentialists and myself. What they have in common is that they think that existence precedes essence, or, if you prefer, that subjectivity must be the starting point. Just what does that mean? Let us consider some object that is manufactured, for example, a book or a papercutter: here is an object which has been made by an artisan whose inspiration came from a concept. He referred to the concept of what a paper-cutter is and likewise to a known method of production, which is part of the concept, something which is, by and large, a routine. Thus, the paper-cutter is at once an object produced in a certain way and, on the other hand, one leaving a specific use; and one can not postulate a man who produces a paper-cutter but does not know what it is used for. Therefore, let us say that, for the paper-cutter, essence-that is, the ensemble of both the production routines and the properties which enable it to be both produced and defined-precedes existence. Thus, the presence of the paper-cutter or book in front of me is determined. Therefore, we have here a technical view of the world whereby it can be said that production precedes existence. When we conceive God as the Creator, He is generally thought of as a superior sort of artisan. Whatever doctrine we may be considering, whether one like that of Descartes or that of Leibniz, we always grant that will more or less follows understanding or, at the very least, accompanies it, and that when God creates He knows exactly what he is creating. Thus, the concept of man in the mind of God is comparable to the concept of a paper-cutter in the mind of the manufacturer, and, following certain techniques and a conception, God produces man, just as the artisan, following a definition and a technique, makes a paper-cutter. Thus, the individual man is the realization of a certain concept in the divine intelligence. In the eighteenth century, the atheism of the philosophers discarded the idea of God, but not so much for the notion that essence precedes existence. To a certain extent, this idea is found everywhere; we find it in Diderot, in Voltaire, and even in Kant. Man has a human nature; this human nature, which is the concept of the human, is found in all men, which means that each man is a particular example of a universal concept, man. In Kant, the result of this universality is that the wild-man, the natural man, as well as the bourgeois, are circumscribed by the same definition and have the same basic qualities. Thus, here too the essence of man precedes the historical existence that we find in nature. Atheistic existentialism, which I represent, is more coherent. It states that if God does not exist, there is at least one being in whom existence precedes essence, a being who exists before he can be defined by any concept, and that this being is man, or, as Heidegger says, human reality. What is meant here by saying that existence precedes essence? It means that, first of all, man exists, turns up, appears on the scene, and, only afterwards, defines himself. If man, as the existentialist conceives him, is indefinable, it is because at first he is nothing. Only afterward will he be something, and he himself will have made what he will be. Thus, there is no human nature, since there is no God to conceive it. Not only is man what he conceives himself to be, but he is also only what he wills himself to be after this thrust toward existence. Man is nothing else but what he makes of himself. Such is the first principle of existentialism. It is also what is called subjectivity, the name we are labeled with when charges are brought against us. But what do we mean by this, if not that man has a greater dignity than a stone or table? For we mean that man first exists, that is, that man first of all is the being who hurls himself toward a future and who is conscious of imagining himself as being in the future. Man is at the start a plan which is aware of itself, rather than a patch of moss, a piece of garbage, or a cauliflower nothing exists prior to this plan; there is nothing in heaven; man will be what he will have planned to be. Not what he will want to be. Because by the word will we generally mean a conscious decision, which is subsequent to what we have already made of ourselves. I may want to belong to a political party, write a book, get married; but all that is only a manifestation of an earlier, more spontaneous choice that is called will. But if existence really does precede essence, man is responsible for what he is. Thus, existentialisms first move is to make every man aware of what he is and to make the full responsibility of his existence rest on him. And when we say that a man is responsible for himself, we do not only mean that he is responsible for his own individuality, but that he is responsible for all men. The word subjectivism has two meanings, and our opponents play on the two. Subjectivism means, on the one hand, that an individual chooses and makes himself; and, on the other, that it is impossible for man to transcend human subjectivity. The second of these is the essential meaning of existentialism. When we say that man chooses his own self, we mean that every one of us does likewise; but we also mean by that that in making this choice he also chooses all men. In fact, in creating the man that we want to be, there is not a single one of our acts which does not at the same time create an image of man as we think he ought to be. To choose to be this or that is to affirm at the same time the value of what we choose, because we can never choose evil. We always choose the good, and nothing can be good for us without b eing good for all. If, on the other hand, existence precedes essence, and if we grant that we exist and fashion our image at one and the same time, the image is valid for everybody and for our whole age. Thus, our responsibility is much greater than we might have supposed, because it involves all mankind. If I am a workingman and choose to join a Christian trade-union rather than be a communist, and if by being a member I want to show that the best thing for man is resignation, that the kingdom of man is not of this world, I am not only involving my own case-I want to be resigned for everyone. As a result, my action has involved all humanity. To take a more individual matter, if I want to marry, to have children; even if this marriage depends solely on my own circumstances or passion or wish, I am involving all humanity in monogamy and not merely myself. Therefore, I am responsible for myself and for everyone else. I am creating a certain image of man of my own choosing. In choosing myself, I choose ma n.

Importance of intellectual property rights

Importance of intellectual property rights IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS- Intellectual property rights are accepted all over the world due to some important reasons. They were essentially recognized for the acceptations of these rights are:- Provides incentive to the individual for new creations. Providing due recognition to the creators and inventors. Ensuring the material reward for intellectual property. Ensuring the availability of the original products. For economic growth and advancement in technology sector protection of Intellectual property protection is important. They are benefited for the growth of the business in the field of technology. INTELLECTUAL PROPERTY LAW INTRODUCTION INTELLECTUAL PROPERTY LAW Comprises of the following Laws:- The Laws relating to Trade Marks / Brands (Trade Marks Act, 1999), Property Marks The Laws relating to Copyright (Copyright Act, 1957) Artistic Work, Literary Work, Audio Video Records and Software The Laws relating to Industrial Designs (Designs Act, 2000) The Laws relating to Patents (The Patent Act, 1970) The Laws relating to Geographical Indications. The geographical Indications of (Registration and Protection) Act, 1999 The Laws relating to Internet (Information Technology Act, 2000) INTELLECTUAL PROPERTY RIGHT INFRINGEMENT-An intellectual property infringement is the infringement or violation of an intellectual property right. Copyright infringement- Copyright-It is a type of protection which is given to the authors of original works including literary, dramatic, and musical and certain other intellectual works, which may be published and unpublished. Copyright infringement (or copyright violation) is the use of material unauthorised that is covered by copyright law, that violates one of the copyright owners exclusive rights, such as the right to perform the copyrighted work. It is also known as copyright violation. Patent infringement- Patent-It is issued by United States Patent and Trademark Office. A patent is the right to the inventor for an invention. Patent infringement prohibition act with respect to a patented invention without permission from the patent holder. By means of the licence permission may be granted. It is also known as patent violation. Trademark A trademark gives separate identity to the goods and services to make them distinguish from the others. It protects words, names, symbols, sounds. Trademarks can be renewed for forever or as long as they are going to be used. There is no need for registration of a trademark in the U.S. Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees. Infringement may occur when one party, the infringer, uses a trademark which is identical to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence legal proceedings against a party which infringes its registration. It is also known as trademark violation. Objectives- To know the reasons infringement of the intellectual property rights. To know why to care about IPR? What the protection measures and provisional measures? Case related to Intellectual Property Right Infringement. Review of literature- Economic Effect of Intellectual Property Right Infringement There is a great effect of Intellectual Property Right Infringement .U.S companies suffer losses in recent years because their Intellectual Property Rights (trademarks, copyrights and patents) are not properly protected abroad. International Trade Commission data is collected from 244 US firms and the data is used to study economic effect of foreign infringement of US intellectual property rights in five sectors of industry. The profit and losses of US suppliers is much as compared to total profits, this implies that the losses are greater than the profits earned by suppliers who are infringing on rights, but that the losses may be least than the benefits to infringers and consumers. From Research it is pointed out that research results suggest that Lessing profits lost to infringers by one percent would require significant increases in identification and enforcement costs. RESEARCH METHODOLGY- TYPES OF DATA USED-Secondary data SOURCES OF SECONDARY DATA- Data is collected from the journals, Newspapers, Internet CAUSES OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT Too much cost of Research and development. Globalisation Litigation delays in implementing ip rights and award of damages Software piracy WHY CARE ABOUT IPR- Patents are benefit to the owner of the IP and it add importance to industrial as well as business concerns , discoveries and provide incentives for private sector investment into their development. They all should have separate Research and development center. Globalization and advancement of technology has played an important role in intellectual property protection for small and medium sized enterprises. The intangible nature of intellectual property creates challenges for those businesses, to protect their inventions, brands, and business in foreign markets. Intellectual property protection is necessary to the success of biotechnology companies. For these companies, the patent system serves to encourage them for the development of new medicines and diagnostics for treatment and monitoring diseases, and agricultural products. HOW TO OBTAIN INFORMATION ABOUT INFRINGEMENT OF TRADE MARK / COPYRIGHT The best way to get information about the piracy of trade mark / copyright is companies marketing strategies. The best alternative is engagement of detective agencies on contractual basis, which have their own other network. By surveys in major metropolitan cities of India, the information can be obtained about the infringement / piracy of goods and these surveys will lead to and result in the identification of manufacturing, go downs, distribution network. JUDICIAL SYSTEM IN INDIA The Indian judicial system is independent from executive / government and it is creation of Constitution of India. It is mandatory to obey the orders of the Courts in India by Central State Governments and any non-compliance of the order of the courts are taken as very serious and that may result in the fine and / or imprisonment. In India High Court and Supreme Court judgments has the force of the law. Even in the world the Indian Judicial System is one of the best legal systems which have codified laws and established procedures. REMEDIES AVAILABLE UNDER INDIAN LAWS CIVIL REMEDIES Injunction/ stay against the use of trade Damages can be claimed Accounts and handing over of profits For custody there is appointment of local commissioner/infringing material sealing. Under order 39 rule 1 2 of the CPC the application is filed. CRIMINAL REMEDIES Before the chief judicial magistrate the complaint is filed. Evidence of the infringement of the IPR. Under sec. 93/94 the application is filed. Search of infringing material is done by Police as per orders and directions given by the court. Lodging of fir and search under section. 156 of the criminal procedure code, 1973. JURISDICTION FOR FILING CIVIL / CRIMINAL LITIGATION Civil Cases- The jurisdiction for filing in a civil suit will include given facts and fulfillment of given conditions:- From where the cause of action has occrued? Where the violations of IPRs are taking place? Where the defendants work for gain? Trade Marks Act, 1999, it provides an exception, to registered trade mark and the registered Trade Mark owner can file a case with in court, from where the holder is carrying its business. The jurisdiction for filing a case depends on the activities of the defendants. There is no need to file a suit in different courts separately. PROTECTION AGAINST INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT The infringement of intellectual property rights (IPRs) are by administrative procedures and legal proceedings. In civil liabilities, the infringer may ordered to stop the violated activities, eradicate the damage done, make public apologies and compensate for all the damages. In administrative measures, they include warnings in order to stop the violating activities, fines, and compensation for damages made. The interested parties go for mediation, when there is IPR infringement dispute arises. If mediation failed, or interested parties refused to abide by the outcome of mediation, legal proceedings may be instituted with peoples court. The interested parties may also request the relevant administrative authorities for actions. LEGAL PROCEEDINGS When an IPR infringement dispute arises, the infringed party may institute legal proceedings directly with the peoples court at the place where infringing activity takes place If an interested party finds that due to emergency or by any delay in stop the infringing activities may cause damages to his/her rights, he may, before instituting legal proceedings, request the peoples court to freeze the assets of the infringer. The peoples court will see to it that the infringer, if the infringer is convicted, he will be made to bear civil liabilities for the infringing act. The infringer will be prosecuted for his criminal liabilities where the case is so serious to constitute a crime. ADMINISTRATIVE PROCEDURES (a) Information and Proof to be Submitted When infringement of IPR dispute rises, the interested may request the administrative authorities and above at the place of the infringers domicile In order to make the request to the administration authorities, the interested party should have to submit a written proof of his right and evidence of the infringing act. (b) Processing by Administrative Authorities It is the duty of the administrative authorities to handle the dispute and they have to make decision whether the complaint will be processed within 15 days upon receipt of the request and they have to tell their decision to applicant. If the decision is negative, a written will be given to the applicant and if the decision given by the administration authorities is negative than the applicant will given an explanation in written form within 7 days. (c) Calculation of Compensation On the request of the applicant, the competent administrative may order the infringer to pay for damages? For infringing of copyright, the compensation amount is calculated according to the direct damages caused by the infringement and reasonable fees incurred by the copyright holder in investigating and stopping the infringing act. For infringing of trademark, the compensation amount is calculated on the basis of profits gained by the infringer through the infringement during the infringement period or the damages suffered by the infringed party during the infringement period. For infringing of patent, the amount of compensation is calculated according to the damages suffered by the patentee or the profit which is gained by the infringer through the infringement. Where it is difficult to determine the damages suffered by the patentee. It is also difficult to calculate that how much profit is earned by the infringer, royalty amount of patent may used as per calculation. (d) Dissatisfaction with Administrative Punishment Decisions Instituting administrative proceedings If the interested party is not satisfied with the punishment made by the administrative authorities than within 3 months from the receipt of the notification of decision, and apply to the local government or administrative securities at higher level for reconsideration of the decision. Instituting administrative reconsideration Within 10 days, the authorities should have to decide whether to handle the case or not. If the interested party is satisfied than within 2 months for reconsideration, a decision should be made on that basis. If the interested party is not satisfied with the decision on reconsideration than within the 15 days after the receivable of the notification of the decision, institute administrative proceedings with the peoples court. EFECTIVENESS OF LEGAL ACTION AGAINST INFRINGEMENT PIRACY It is practically very difficult to completely prevent piracy / infringement / violation of intellectual property rights as we know India is a very large country in geographical terms and densely populated country. There are own advantages and limitations of civil and criminal legal actions. Mostly piracy in India takes place in small scale industries, unorganized sector A separate suit has to be filed against each and every company / firm / individual in civil suits, which are filed against infringements, as the infringement by each pirate will amount a new cause of action, separate suits have to be filed against each of them. As compare to criminal remedies the civil remedies are easier. Due to publicity, campaigning the effectiveness of criminal remedies is more as compared to civil remedies. Any criminal action / prosecution is treated as a social stigma in India which leads to condemnation by the society. PROVISIONAL MEASURES The judicial authorities shall have the authority to order promptly and effectively provisional measures: to prevent an infringement of intellectual property rights from occurring, and in order to prevent the entry into the channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance To preserve supportive evidence in regard to the IPR infringement. It is the right provided to the judicial the applicant has to give supportive evidences in order to satisfy themselves, and to order the applicant to provide a security or equivalent assurance which is sufficient to protect the defendant and to prevent abuse. The applicant needs to supply other necessary information for the identification of the goods concerned by the authority. If judicial authorities found that there has no infringement or there is no any threat of infringement of an intellectual property right, the judicial authorities has right that upon request of the defendant the applicant should have to provide compensation for any injury, damages to the defendant. REGISTRATION OF IPR IS NECESSARY OR NOT ot necessary in the case of Trade Marks Copyrights Yes, necessary in the case of Patent Industrial Design Geographical Indication REGISTRATION OF IPR CAN BE CANCELLED OR REVOKED? Yes If Fraud If there is Misrepresentation Against the rights of opponent If it is registered by the registrar by error. Registration is prohibit under some law Registration against public policy CASES- PIRACY RACKET UTV software and communications, producers of the film `Whats Your Raashee? has demanded a compensation of Rs 50 crore each from Adlabs Films Limited and UFO movies for piracy and infringement of copyright. It was movie of Ashutosh Gowariker and its masterprint was stolen from Adlabs .UTV send notice to Adlabs as the masterprint of the movie copied by illegal means. And it was sold to persons who done business of piracy. It caused a large damage. Stolen of masterprint was not an easy task, this was possible only by the help of some highly-placed persons which may be the employee of Adlabs. Only a highly authority person can get the prints and can made copies. UFO movies employee Rajesh Chowdhry was arrested in the piracy of the movie `Aage Se Right. This shows that the security system is not good and it does not provide any solid protection. The social service branch arrested two more employees of two private companies their names were Neerav Shah, he was the manager of Reliance big pictures and other one name was Nagda Kalapi , he was the head of overseas distribution of Shemaroo pictures. They both get a benefit of Rs 35,000 to 50,000 per film as per the inquiry done by police. IPR INFRINGEMENT REMEDIES IN USA The Brand owners which are settled outside USA faces IPR infringement within the United States. Most of the Europe brand owner mistook that the remedy to IPR infringement is only civil and criminal remedies are seldom used. Which is not so. US use many a remedies to deal with IPR infringement cases. Victim brand owners faces criminal remedy many a times in United States and this is true that many states deals much better with IPR violation remedy as compare to federal agencies. State prosecution requires much less investigations resources and results come faster as compare to other remedy used. To defend for your brand in US one need to register ones trademark with States Patent and Trademark Office, along with this it needs registration internationally and with USPTO too. Once an infringer is suspected it is given with a cease and desist notice which is another useful criteria. In this notice description should be there duly that verifies that the product was really infringed. As evidence the product that is purchased by the infringer should be produced. There are two main ways of prosecution in US. federal prosecution state prosecution Penalty is sometime higher in federal prosecution and sometime the same for both the prosecutions. During the investigation time it is the practice of infringer that he continues to flood the market with counterfeit merchandise .It costs as loss to the brand. So the prosecution should take less investigation time for the sake of brand owner and most of the time state prosecution takes much less time as compare to federal prosecution. Conclusion The Intellectual Property Rights (IPR) has social, economic, technological and political impacts. Rapid technology, globalisation and fierce competitions leading to protect the innovations from violations by the help of IPR such as patents, trademarks, service marks, industrial design registration, copy rights and trade secrets. But still there is infringement of Intellectual Property Rights. The Government is also taking measures to prevent them. There are laws regarding the prevention of Intellectual Property Rights Infringement. BIBLIOGRAPHY P Dalmia from IP IT Laws DivisionVaish Associates Advocates http://iprinvestigators.com/opinion1.html http://www.osec.doc.gov/ogc/occic/ipr.htm http://www.legalserviceindia.com/articles/ip.htm http://www.hktdc.com/info/mi/a/bgcn/en/1X002MHP/1/Guide-to-Doing-Business-in-China/8-3-Protection-Against-Intellectual-Property-Rights-Infringement.htm http://timesofindia.indiatimes.com/news/city/mumbai/Piracy-racket-Producers-seek-Rs-100-cr-in-damages/articleshow/5048906.cms http://www.xing.com/net/markenrecht/general-343444/ipr-infringement-remedies-in-the-usa-18851544/18851544/