Equity and Common Law College Essay Example | Topics and Well Written Essays - 1750 words

Equity and Common Law College - Essay Example The courts of law in medieval times enforced the law of the king. The range of claims that these courts agreed to hear gradually became more restricted and painfully technical, and many deserving plaintiffs were denied a hearing. A plaintiff's alternative was to send a petition directly to the king, asking for mercy and conscience to decide the matter. The king regularly delegated these petitions to his chancellor who was the king's clergy and confessor. Soon the Chancery, the king's secretarial department, began to resemble a judicial body and became known as the "Court of the Chancery." By the 15th century, the judicial power of the "Chancery" was recognized. Equity as a body of rules varied from Chancellor to Chancellor until the end of the 16th century. After the end of the 17th century only lawyers were appointed to the Chancery. Equity acts as a system of decrees forcing an individual to act or forbidding an individual from acting by issuing injunctions or decrees. However in modern times a court will be reluctant to this if another solution namely monetary compensation is available. Thus the most common solution found in court system today is for a litigant to request damages in the form of monetary payment. This is the basic distinction between using equity determinations to administer the law and the law system as it exists today. Another distinction is that in the system of equity the judge is the "trier of fact"2 and a jury is not available. Here the forefathers of the United States took exception to equity courts: they wrote the VII amendment to the Constitution to ensure all citizens have the right to a jury in civil cases. A final distinction between equity and law is the source of rules of rules on which decisions are based. In law, common law is established by judges using previous decisions and p recedents. Statutory law is determined by the legislature and a statute it makes by this governing body for a judge or enforcement agency to mandate and satisfy the will of the legislators. In contrast, equity, which concentrates on fairness and flexibility, has only general guides known as the maxims of equity.A chart showing these traditional maxims has been inserted here: Among the traditional maxims are: 1 Equity regards as done that which ought to be done. 2 Equity will not suffer a wrong to be without a remedy 3 Equity delights in equality 4 One who seeks equity must do equity 5 Equity aids the vigilant, not those who slumber on their rights 6 Equity imputes an intent to fulfill an obligation 7 Equity acts in personam. 8 Equity abhors a forfeiture 9 Equity does not require an idle gesture 10 One who comes into equity must come with clean hands 11 Equity delights to do justice and not by halves 12 Equity will take jurisdiction to avoid a multiplicity of suits 13 Equity follows the law 14 Equity will not aid a volunteer 15 Between equal equities the law will prevail 16 Between equal equities the first in order of time shall prevail 17 Equity will not complete an imperfect gift 18 Equity will not allow a statute to be used as a cloak for fraud 19 Equity will not allow a trust to fail for want of a trustee Richard Edwards, Nigel Stockwell (2005). Trusts and Equity The historic objection to equity was that it had no fixed rules of origin. From time to time a Lord Chancellor would decide a

HRM Book Summery Essay Example | Topics and Well Written Essays - 1750 words

HRM Book Summery - Essay Example logy-driven, fast changing business world where every corporation must compete for skilled talent, be able to influence its employees to provide the best products, be able to train and provide educational programs and be able to control and monitor personnel costs to maintain cost competitiveness Job analysis methods produce acceptable to high levels of reliability. Particularly high levels of liability can be demonstrated for methods that rely on structured questionnaires such as worker-oriented questionnaires, job inventories, or checklists Competence is a standardized requirement for an individual to properly perform a specific job. It encompasses a combination of knowledge, skills and behavior utilized to improve performance. More generally, competence is the state or quality of being adequately or well qualified, having the ability to perform a specific role. When it comes to executive incentives, human beings are both finite and creative; that means that the people offering incentives are often unable to predict all of the ways that people will respond to

HUMAN ANATOMY AND PHYSIOLOGY Essay Example | Topics and Well Written Essays - 750 words - 2

HUMAN ANATOMY AND PHYSIOLOGY - Essay Example 1. The lymphocytes are the most affected with Joe’s T-cell count at less than 2% of total lymphocytes, B-cells at less than 1% of total lymphocytes, and natural killer cells at 90% of total lymphocytes, whereas the normal reading should be T-cells 60-80%, B-cells 15-25%, and natural killer cells at 10-20%of total lymphocyte count. 3. No. Joe will not have normal levels of anti-bodies, as it is the B-cells that are responsible for secretion of anti-bodies, and their less than normal levels in the blood means that anti-bodies will also be on the lower side. 4. The low levels of B-cells lower the availability of anti-bodies, and the low levels of T-cells reduce the ability to fight viruses. This weakened immune system of Joe makes him susceptible to bacterial infections. 2. Other children above the age of twelve will not develop SCID. Children younger than twelve still have chances to develop SCID.. By the time any child attains the age of twelve the immune system of the body is fully developed and functional. Severe combine Immunodeficiency will demonstrate itself before the full development of the immune system. For the same reason children below the age of twelve still carry the risk of demonstrating SCID.

Priory Dental Surgery Appointment Booking System Coursework

Priory Dental Surgery Appointment Booking System - Coursework Example The actors in this case were the Dentists, Patients, Receptionist and the Manager. The second step in this task was to identify the use cases, these are the actions done by the actors. They are identified with the phrases that start with verbs or those that indicate actions being performed by actors. It was observed that one actor can have one or more use cases depending on their role with the PDS. A phrase such as â€Å"arrange patients’ booking† is identified as a use case. From this exercise it was observed that it is important to match the actors with their uses case while design the use case diagram. Associations of actors and use cases is therefore important. Use cases also have extended relationship where one use case depends on the other use case within the system. Tutorial two : Use Case Descriptions The second task was to describe the use case. This entails providing steps and responses between the system and the actor. What does an actor require to have in or der to accomplish a given task? The description also shows the main steps the actor will take in doing a given action (use case). The task in step 2 demonstrated how one can describe a use case using a table. The task involved how a receptionist could change a given appointment. The receptionist must be able to check into the system the previous appointment allocation then see if there is a time slot in the next proposed time by the patient. In checking the next free slot, factors such as the availability of the Dentist is important if he is available is it the same time as one proposed by the patient? If this conditions are not met the receptionist fails to book appointment for the patient and such feedback is given by the system. Otherwise, the receptionist will print the appointment confirmation or email it to the patient. Unlike making appointment where there are extensions, changing of the appointment does not have any extensions or views. Views means checking other use cases t o see if the action you are performing is valid or viable. For instance the receptionist must view patient to ensure that that patient does not have another appointment. Tutorial three: Analysis/Conceptual Class Diagram A class in system design is something that the system needs to store information about. In any scenario they are or case study such as PDS classes are known by identifying nouns. A class diagram is a rectangular shape that contains the name of the class, the operations and methods used by the system to retrieve or store information about the class. It was learnt that class names are in singular forms and only nouns are used not verbs. In exercise one, I was able to identify classes as; Appointment, Dentist and Patient. Exercise two required attributes and operations of the identified classes. Attributes can be said to be characteristics or information that the system will store about the class. Appointment could have the time and date of appointment as attributes whi le operations are the activities or actions that the system will perform to access or store information about the use case such as checking the free time for appointment. I learnt that attributes are written below the case name with a minus sign(-) at the beginning of the attribute while a plus sign (+)for operations that come below attributes in a class diagram. Exercise five combined all the classes to show how there are associated and their dependencies outlined. It shows that a system is a single unit with many

Corporate and Global Strategy Essay Example | Topics and Well Written Essays - 3250 words

Corporate and Global Strategy - Essay Example The fast development of previously less developed countries in East Asia and Latin America also means higher disposable income which the customers can spend on durable goods like automobile. Recognising the wider market and huge profit potential from these transformations, players in the global automobile manufacturing industry opted to pursue globalisation strategies. They have expanded beyond their local markets to serve and cater to the needs of customers abroad. Thus, the current global automobile manufacturing industry is currently comprised of large players going beyond their traditional markets to foreign markets with the prospects of larger market, higher revenue, and higher profit. With the players' decision to pursue internationalisation, they face important decisions about their product offerings and strategies. It should be noted that as industry players seek foreign markets, they are actually exposing themselves to an entirely different set of customers who can have different preferences and expectations about their products. ... er the global manufacturing industry is approaching globalisation or localisation, this paper will use 4Cs model which assesses the operations and external macroenvironment of car producers. In the discussion below, it can be seen that the global automobile manufacturing industry is currently midway between globalisation and localisation. However, it can be noted that the sector is approaching localisation as multinational organisations continue to respond to the specific preferences, culture, laws, and rules in its specific market. The 4Cs framework is a strategic management tool which "can be used to assess actual and emerging trends and can assist in determining the extent to which an industry is moving towards globalisation or localisation" (Ellis and Williams 1995, p.107). This looks at three factors in the external environment of the sector namely customers, cost, country, and competition. The customers' factors in this model are subdivided according to customers' requirements, distribution, and uniformity of marketing. Cost drivers are in terms of new product development, scale economies, and transportation costs. Country drivers include trade barriers, technical standards, and cultural and institutional barriers. Lastly competitive forces refer to competitive interdependence and entry of new competitors. Customers The current global manufacturing industry is described as hypercompetitive which can is characterised by the more intense competition among players and high bargaining power of the customers (Kotler 2005). With automobile manufacturers becoming aware of the importance of tailoring their products to customers' preferences, market niching and customisation has become a popular trend. According to Donald Peterson, former chairman of Ford Motor

The relationship between reason and democracy Essay

The relationship between reason and democracy - Essay Example In this time period, the Enlightenment, people began to believe that rationality was the most important thing, indeed, Immanuel Kant said at the beginning of his work â€Å"What is the Enlightenment?† that having â€Å"courage to use your own reason† was the â€Å"motto of the Enlightenment† (Kant 1). In this kind of classical liberal thinking about democracy, there is no way to separate the idea of democracy from the idea of idea of reason – democracy could only be successful as a form of government because the people who are choosing the leaders are acting in a rational way – either for their own self interest or because of morality or for some other, rational reason. Yet there might be other reasons why democracy is successful that these thinkers do not cover. So essentially, whether or not democracy relies on reason depends on whether or not one believes in the classical idea of the reasons for democracy. Under classical conceptions of democracy , where it exists as a kind of contract between the leaders and the people they lead, democracy cannot exist without reason; I would argue, however, that classical ideas do not actually describe why democracy is successful, and that alternative explanations could allow for democracy to exist and succeed without reason or rationality being involved in any way shape or form. Classical understandings of democracy come from the Enlightenment, and this classical understanding must be understood in its hirtorical context. This was a time when many rulers ruled by divine right – the monarchy was still the most powerful thing in Europe, and these monarchs used considerable power to shape and even abuse the people who they were in control of, for their own gain. As Locke notes the ability to â€Å"compel by the sword† was the power of the civil magistrate alone, which essentially means that the ruler is the only person who is able to force his people to do something based on fo rce and violence (Locke 2). Through this understanding, it was important to provide a basis for a new system of government that made a lot of sense in theory as well as working in practice, and the theory behind democracy relied on the idea that every person was reasonable. When trying to convince people that they should not be led by their current leaders (the kind of leaders who had been in control of the world for essentially the entire history of the world), one had to convince everyone that there was a better system, not just an alternate system. And the â€Å"betterness† of democracy relies on the idea that each person is rational and can act rationally when choosing a leader or deciding what is best for them – and will do so. So the basic idea of democracy, from a classical perspective, relies on reason in a very strong way, and so cannot be separated from reason – the classical defenses of democracy would fall apart if people were not reasonable. But thi s does not mean that the classical justification for democracy was the reason that democracy is a good system of government. I would argue that one of the main reasons democracy is a good system of government is that it does not give any one group or person the ability to form a tyranny, to get into complete control and begin making everything better for them

Enlgish 2 ( Water Pollution ) Research Proposal

Enlgish 2 ( Water Pollution ) - Research Proposal Example Water pollution refers to the human-induced changes to water quality. Scholz contends that contamination of ground water, rivers, lakes, wetlands, estuaries, and oceans can threaten the health of humans. Contaminated water has threatened the health of humans for centuries and continues to pose the same threat even today. Water is crucial for the welfare of the humanity and it is the quality of water that matters, not the quantity (Myllyntaus, 2005). Water occupies more than 71 percent of the earth’s surface but only 2.5% of it is fresh water, meant for human consumption. Again, 1 percent of this fresh water is divided into lakes (61%), atmosphere and soil moisture (39%) and the streams make up for less than 0.4 percent (Frank, McClure, Press & Walsh, 2001). The streams including the rivers constitute the smallest percentage of river distribution, most of the water for human consumption is provided by them. Drinking water accounts for even less because much of the fresh water in undrinkable (Myllyntaus, 2005). About 20 percent of the fresh water is stored in fresh water form and this is not a quickly renewable natural resource. Rainwater is the only naturally renewable form of water. Water pollution can be divided into two categories – point-source pollution and non-point-source pollution. When contaminants are discharged from a discrete location, as the 1989 Exxon Valdez oil spill, it is known as point-source pollution (Scholz, 2003). Non-point-source or diffuse pollution refers to all other types of contaminants that polluter the water body. Acid rain is an example of non-point-source pollution. Water pollution poses threats to human health in different ways. The pollutants enter the body via skin exposure or when drinking water or contaminated food is consumed directly (Scholz, 2003). Mercury has been detected in fish tissues that are found in contaminated water bodies and