Criminal Law Degree Case Study Example | Topics and Well Written Essays - 1000 words

Criminal Law Degree - Case Study Example Martin6 which concerned the defence of necessity to driving while disqualified and the defendant was allowed to use the defence in his appeal (c) This was intentional homicide amounting to murder and necessity is not a defence to murder. See Queen v Dudley and Stephens7However see also the decision taken in the case of Re A (Children) (Conjoined Twins: Surgical Separation)8 where the parents of six week old Siamese twins, Mary and Jody,(M and J) appealed against a court order granting the NHS the authority to perform an optional surgical separation .9 where murder/intentional killing of the Siamese twin was justified to save one life. (e) This is a case of Duress which is a general defence to a many crimes but not to Murder. However it can be argued that he did not know the reason he was being asked to park the van outside the Mission. The question will be forseeability then i.e. whether he saw through or could reasonable have seen through their designs in parking the van outside. The relevant authorities here are Kray 11,Lynch v DPP for NI 12 and Howe13. This is a case of assault/battery and the thin Skull rule under the famous case of R v. Blaue. Fred cannot plead he did not know about Amrit's pre-existing condition and thus will be guilty of manslaughter NOT murder as it is not possible to show intentional killing here. This was something in the nature of unlawful act manslaughter.(See Andrews v DPP (1973) AC 576 at 581 and Fenton (1830) 1 Lew CC 179). The theft of 5000 pounds from Amrit's pockets is an offence under the Theft Act 1968 as he is well aware that the money is the stolen proceeds of illicit drug dealing. When Fred persuades an elderly to write a the facts are insufficient to judge whether there has actually been some sort of deception here but see below for a case under the Fraud Act 2006. Fred has remained silent about obtaining more than his due salary.In this regard see offences under the Theft Act 1968 and 1978 like Obtaining property by deception (Theft Act 1968, section 15), or in the case of the extra salary obtaining a money transfer by deception (Theft Act 1968, section 15A) or obtaining pecuniary advantage by deception (Theft Act 1968, section 16) which are now covered by the Fraud Act 2006 and would primarily fit under the Fraud Act 2006. Possible liability for Fred in both scenarios under the Fraud Act 2006. Section 2 Fraud by false representation" is as a case where a person makes "any representation as to fact or law ... express or implied" which they know to be untrue or misleading. Fraud by failing to disclose information" under Section 3 of the Act in the case of the extra salary. "Fraud by abuse of position" under Section 4 of the Act in case of the abuse of the elderly man's money in his position of his caretaker. Week

MAS holdings: An overview

MAS holdings: An overview MAS Holdings is a large apparel manufacturer in Sri Lanka, whose partners are also some other well-known fashion brands in the world including Victoria Secret, Gap, Inc., Nike etc., as introduced by Watson and Story (2006). Its About us website also states that MAS is now a giant in South Asian in undergarment and sportswear manufacturing industry with more than USD 700 million of revenue every year. The companys history was described thoroughly by Watson and Story (2006), from which a number of reasons for its success could be figured out. However, the factors standing out from those reasons were from its management activities. This assignment is going to analyse the above aspects with the MAS case study by Watson and Story (2006). The first thing to be discussed is how the MASs manager helped it flourish. In this case, the roles of a manager in the general context of business should be considered. According to Mintzberg (1973) in Boddy (2008), there are 10 roles for a manager to play in total. Those roles are divided into 3 main categories: informational roles, interpersonal roles and decisional roles then described by Mintzberg (1973) in Boddy (2008). Informational roles are required from managers for the information inside and outside of the organisation to be received and transferred. This includes monitor (finding and acquiring information), disseminator (passing the information acquired) and spokesperson (passing the information to out of the company). Interpersonal roles are required from managers to build and maintain relationships between people in the company and also with people outside, which comprise of figurehead (representing the organisation in formal events), leader (making people do their jobs and help them to improve) and liaison (networking between the business and its stakeholders). Decisional roles are required for managers to make right decisions for the firm including entrepreneur (creating new things, making significant changes, catching opportunities and indicating development routes), disturbance handler (solving accidental problems or changes), resource allocator (distributing the resources of the organisation to the right sector with the right amount and in the right time) and negotiator (convincing the stakeholders). Mintzberg (1973) suggested in Boddy (2008) that every manager plays all of these roles, however the priority of each role may vary depending on his/her position. In the case study of MAS by Watson and Story (2006), there were a variety of evidences supporting the application of the above roles. Firstly, the informational roles could be proved by the way the production line was supervised: The supervisors walk through each cluster of machines, making notes. They sync their Palm Pilots to the central database to post their lines current efficiency and productivity numbers on the electronic boards overhead. (Watson and Story (2006), page 5), which showed the monitor and disseminator roles. With this method, the production management of MAS became very professional that enabled itself and its partner to continuously track the production progress and make changes when necessary to increase efficiency or to meet the new demand, while creating a good image for MAS as a reliable manufacturer. On the other hand, the interpersonal roles were proved mainly by leadership. In this aspect, the MASs managers, especially the Amaleans who chose follow an ethi cal business concept, attempted to motivate the employees by a very high-quality working environment and by the provision of life supports, training, education, as well as promotion prospects, which helped some exemplary persons like TNS Kumari to noticeably change their poor lives. As a result, this again created another good image for MAS, this time as a business doing the right thing (not the sweatshops bias in apparel industry at that time), attracted more local talent who tend to seek opportunities overseas and maintain strong relationships between the company and employees, which were important for further development. Last but not least, the decisional roles were proved mainly by entrepreneurship. The entrepreneurship of MASs managers is illustrated through the fact that the Amaleans started their own business, created new units (two IT branches, an own brand Amante in 2007 as introduced in Amante page on MAS Website) looked for and caught opportunities (creating joint ventur es with several famous fashion brands then learn from them the modern technology and business practice) and decided the paths of development (concentrating on lingerie manufacturing, reaching high technology by partnership with Speedo). These were some of the major decisions that boost MASs growth from a USD 6 million annual revenue firm in 1990 to an over USD 570 million annual revenue one in 2005, according to Exhibit 2, page 18 in Watson and Story (2006). The second topic of this assignment is the management approach. As Worthington and Britton (2009) said, in the general business context, there are 3 main approaches: classical approach, human relations approach and systems approach. According to Worthington and Britton (2009), the classical approach is based on scientific management and bureaucracy, which were studied by Taylor (1856-1915) and Weber (1864-1920) respectively. The former means increasing productivity by the one best way to do the job and by rewarding employees financially toward the common achievement of the organisation. The latter insists on the formality of the organisation (the hierarchy). Next, the human relations approach, instead, focuses on the people, the social and psychological effects on their performance including motivations, leadership, communications and group dynamics and the informal relationships in the formal environment, which was early studied by Elton Mayo (1880-1949). Lastly, the systems approac h views the organisation as a collection of different correlative sections and if a change occurs with one section, the other sections will also have to change accordingly in order that the overall performance will not be undermined. This approach is considered to appear later and to be more complex than the two first ones. In the MAS case study by Watson and Story (2006), in respect of the definitions of different management approaches above, the human relation approach appeared to be most considerable. This approach was obviously supported by the concept of an ethical business in combination with several extra benefits which gives MASs employees a lot of incentives. Consequently, in the case study, it was mentioned that despite the cost of this business practice: Even Sharad, the former CFO, thought that payback came in different forms: employees who embraced the company culture, higher productivity, lower downtime. At this point, the level of employees satisfaction should be measured, which can be done by Maslow needs hierarchy in Worthington and Britton (2009). There are 5 levels in this hierarchy: physiological, safety, love, esteem and self-actualisation. As can be seen from the case study, most of these motives of MASs workers were met. For physiological needs, they were working in well-designed factories, able to have free breakfast and lunch as well as to use the on-site medical centre. For safety, the well-designed factories and the medical centre also gave a hand, in addition to the abuse-free working environment and the right to stop the production line when there are troubles. For love, the strong relationships had been built between the employees and the company itself, the employees and managers and the employees with each other through the friendly working environment and many extra activities. For esteem, the workers were assured that they were working in an ethical business with high labour standard and they also had chances to participate in MAS Women Go Beyond programme. For self-actualisation, they were able to attend different kinds of classes or training and to have promotion opportunities. These examples made the human relations approach in MAS evident. In conclusion, the prosperity of MAS was notably influenced by the proper of different management theories, of which the most outstanding are the roles of managers and the human relations approach. While the roles of managers were well played in MAS and help sharply strengthen the business, the human relations approach did that from the very inside of the firm: the satisfaction of each of the people working for it. MAS would still need these advantages for its further development and the way it runs might be a notable example for other companies. REFERENCE: About us [n.d Online] MAS Holdings. Available: http://www.masholdings.com/ [Accessed 11 November 2009]. Amante [n.d Online] MAS Holdings. Available: http://www.masholdings.com/ [Accessed 11 November 2009]. Boddy, D. (2008) Management: An Introduction. 4th ed. Harlow: Pearson Education. Watson, N. and Story, J. (2006) MAS Holdings: Strategic Corporate Social Responsibility in the Apparel Industry. INSEAD. Worthington, I. and Britton, C. (2009) The Business Environment. 6th ed. Harlow: Pearson Education.

Portents of the Monotheocracy in The Handmaids Tale Essay -- Handmaid

Portents of the Monotheocracy in The Handmaid's Tale  Ã‚  Ã‚  Ã‚     Ã‚   American society has had certain cultural and political forces which have proliferated over the past few decades-described as the return to traditional Christian values. Television commercials promoting family values followed by endorsements from specific denominations are on the rise. As the public has become more aware of a shift in the cultural and political climate through the mass media, Margaret Atwood, in writing The Handmaid's Tale, could have been similarly affected by this growing awareness of the public consciousness. This may have led Atwood to write of a bleak future for the country where a new regime is established and one religion becomes so powerful as to take over the nation by a military coup, subjugating women into archaic stereotypical female roles.            Two of these forces, as reflected in the novel, are misogyny among Christian men and the rising political power of the Religious Right. Both are insidious because the real agendas are often couched in the authority of the Bible, and both serve to oppress women and their rights. Christian misogyny, like the brainwashing at the Red Center and ceremonial scripture readings preceding sexual intercourse in The Handmaid's Tale, keeps its foothold on the necks of women by distorting the meaning of Biblical scripture. In the case of the Religious Right, its tenets would abridge not only some of women's rights, such as the availability of abortion, but would also infringe on religious freedom for all Americans. In its forays into the political system, more recently through its Christian Coalition, the Religious Right, like Christian misogynists, interprets scripture to support its movement to meet... ...at Robertson's Agenda for America: a Marriage of Religion and Politics." USA Today. July 1996. 30. Works Cited Atwood, Margaret. The Handmaid's Tale. New York: Fawcett Crest, 1985. Boston, Robert. Why the Religious Right is Wrong: About Separation of Church and State. Buffalo, New York: Prometheus Books, 1993. Doerr, Edd. "Pat Robertson's Agenda for America: a Marriage of Religion and Politics." USA Today. July, 1996. 30 Gushee, Steve. "TV Series Chronicles Rise of Religious Right." The Palm Beach Post. September 27, 1996. 1F. Rinck, Margaret. Christian Men Who Hate Women. Grand Rapids, Michigan: Pyranee Books, 1990. Trotter, F. Thomas. "Bible Frequently Quoted Carelessly for Political Points." The Nashville Banner. September 28, 1995. A7. Wallsten, Peter. "Church Meets State." St. Petersburg Times. February 16, 1997. 1D.   

Jamaican History (Basic) 5th Grade

jamaica was one a the largest sugar producing country inah the caribbean . Jamaica, the third largest Caribbean island, was inhabited by Arawak natives when it was first sighted by the second voyage of Christopher Columbus on 5 May 1494. Columbus himself was stranded on Jamaica from 1503 to 1504 during his fourth voyage.The Spanish settled in Jamaica in 1509 and held the island against many privateer raids from their main city, now called Spanish Town, which served as capital of Jamaica from its founding in 1534 until 1872. In 1655 Jamaica was conquered by the English, although the Spanish did not relinquish their claim to the island until 1670. Jamaica became a base of operations for privateers, including Captain Henry Morgan, operating from the main English settlement Port Royal.In return these privateers kept the other colonial powers from attacking the island. Following the destruction of Port Royal in the great earthquake of 1692 refugees settled across the bay in Kingston which by 1716 had become the biggest town in Jamaica and became the capital city in 1872. Until the early 19th century Africans were captured, kidnapped, and forced into slavery to work on plantations when sugarcane became the most important export of the island.Adam Taylor's slaves had arrived in Jamaica via the Atlantic slave trade during the same time enslaved Africans arrived in North America. During this time there were many racial tensions, and Jamaica had one of the highest instances of slave uprisings of any Caribbean island. [1] After the British crown abolished slavery in 1834, the Jamaicans began working toward independence. Since independence in 1962 there have been political and economic disturbances, as well as a number of strong political leaders

Analysis of Abraham Lincoln’s House Divided Speech

The House Divided speech took place on June 16, 1858 in Springfield, Illinois. It was recited by Abraham Lincoln as he accepted the Republican Party nomination as a representative of the United States Senate. The primary issue throughout the course of this speech was the heavily controversial issue of slavery. In 1854, the Kansas-Nebraska Act was passed; this act allowed citizens of new territories would decide whether or not they should have slavery, which could also be defined as â€Å"popular sovereignty. † This caused great opposition throughout the country and later led to the founding of the Republican Party. Lincoln’s perspective on slavery was that it should stay in the Southern states only, where it would either not spread or die out, but the Kansas-Nebraska Act made the anti-slavery adherents enraged. To make matters worse, a new debate was added in 1857 – the Dred Scott case, which ruled that the Congress couldn’t prevent slavery from new territories. As agitation continued to stir, Abraham Lincoln – as mentioned above – delivered his House Divided speech to establish his beliefs toward slavery and to differentiate himself from Stephen Douglas and the rest of the seemingly corrupt governmental judgments and transactions. A House divided against itself cannot stand. † Lincoln warned that the nation could not survive being half-slave and half-free; he believes that it can only be one or the other, and makes a bold statement that he expects the division will eventually cease. He then impressed upon a theory of pro-slavery forces wanting to spread bondage across the land and indicted popular sovereignty as a terrible guarantee of slavery’s endurance in the country’s free regions and, eventually, the entire region. Although these laws were made by different men, Lincoln claimed that the results fitted perfectly to create a policy to endorse the expansion of slavery – a policy that the Republicans would fight. Following this speech, the table was set for a series of heavy debates between Lincoln and Douglas. Lincoln’s â€Å"House Divided† Speech against Douglas cemented his name in the national mind and paved the way for his successful run for president, which was the premonition of a monumental and dangerous Civil War between those going against slavery and those who endorsed it.