Music and Literature Essay Example for Free

Music and Literature Essay Music and literature have played an important role in our community and society since not only humans but the earth was born. It’s still a great mystery as to who invented or made music first. But first of all we shouldnt focus as to when was music made but should see that what actually music is? How to define music has long been the subject of debate; philosophers, musicians, and, more recently, various social and natural scientists have argued about what constitutes music. The definition has varied through history, in different regions, and within societies. Definitions vary as music, like art, is a subjectively perceived phenomenon. Its definition has been tackled by philosophers of art, lexicographers, composers, music critics, musicians, linguists, sociologists, and neurologists. Music may be defined according to various criteria including organization, pleasantness, intent, social construction, perceptual processes and engagement, universal aspects or family resemblances, and through contrast or negative definition. Music is sometime said to be a branch of literature. Now the question stands that what is literature? Literature is the body of all written works; the collected creative writing of a nation, people, group, or culture; all the papers, treatises, etc. published in academic journals on a particular subject. its particularly hard to understand but in simple words literature means a piece of work written deeply form the or whatever your experiences and brain say and to put that experience and the work of brain into a piece of writing. Literature comes from the Latin word literra meaning a piece of writing. Literature has many branches like narrative stories, novels, poems and etc. Music is also a famous branch of literature. There are many music lovers found all over the world. Music is further separated into many other branches e.g. jazz, pop and etc. Music has been with us since the start of our beautiful earth. Music is just an inch away from us always: it’s in the rustling of leafs, the sound of waves hitting the shore, the quite sound that trees make when they sway in the air.

Teams Dont Work Essay -- essays research papers

I. Introduction: I undertook this study to prove the legendary story about the Camelot…An historic example of team, effort gone awry. In the legendary story, a few events transformed Camelot from a utopia kingdom into wasteland. This isn't just idle meandering. There are corporate Camelot's, too, (such as my company MobileComm); those companies that started with such promise and fell victim to problems in their teamwork concepts. It is clear to see that team-based systems simply don't work; better controls equals better management. An emphasis on separating workers into specifically defined jobs, having centralized management control, and maintaining a structured chain of command contributes to a much better and more effective workplace situation. It makes more sense, therefore, to stick to traditional structures in the workplace. II. Review Of Literature 1. Blair, Gerard. Groups That Work, www.ee.ed.ac.uk/~gerad/Management/art0 (1998). The effectiveness of the team takes a nosedive, and the productiveness of the team is far less than the individual could have achieved had they not brought together. 2. Blair, Gerard. 'How to Build Quality into your Team'; IEE Engineering Management Journal, (1996). There are certain frameworks within which teams attempt to work. It's the inability to function within these 'frames' that in another disadvantage to teamwork. The 'forming stage'; is when first comes together. Everyone is considered and civil, and allows for everyone to participate. Discussion is slow and guarded since no one wishes to be seen as conflict. Even though it is not verbalized, it's always destructive. 3. Davidmann, Manfred. Style of Management and Leadership, (1982). Business experts have to work together to achieve their goals, and discord in one area can inconvenience many people. It is essential. Therefore, that people cooperate with each other—but organization is the more difficult it is to achieve the necessary degree of cooperation. Larger organizations are usually much less effective using a ream approach, as people tend to work against each other rather than with each other, 4. Rayner Kimball Fisher- Steven Belgard Williams. Tips for Teams (1995). Team members and team leaders typically have problems defining their own roles, making it difficult to work toward results than busying t... ... Blair, Gerard M. "How to Build Quality into your Team" IEE Engineering Management Journal. fwfwfffhttp://spindle-ee- net2.ee.ed.ac.uk/~gerard/Management/ (1996). term papers term papers Blair, Gerard M. Laying the Foundations for Effective Teamwork. term papers http://www.ee.ed.ac.uk/~gerard/Teaching/art0.html (1996). Davidmann, Manfred. Style of Management and Leadership. //www.demon.co.uk/solbaram/articles/clm2.html (1982). Fisher, Kimball-Rayner, Steven-Belgrade, William. Tips for Teams. (New York, NY: McGraw-Hill, Inc., 1995). Harshman, Carl L.-Philips, Steven L. Teaming Up. (San Diego, CA: Pfeiffer & Co., 1994). Kinlaw, Dennis. Team-Managed Facilitation. (San Diego, CA: Pfeiffer & Co., 1993). Harrington-Mackin, Deborah. Keeping the Team Going. (New York, NY: Amacom, 1996). Mosvick, Roger-Nelson, Robert B. We've Got to Start Meeting Like This. (Glenview, IL: Scott Foresman, 1987). Rayner, Steven R. Team Traps. (New York, NY: John Wiley & Sons, Inc., 1996). Rees, Fran How to Lead Work Teams. (San Diego, CA: Pfeiffer & Co., 1991). Sayles, L.R. "Leadership for the Nineties." Issues and Observations. (1990): spring, pp. 8-11.

Case of Unocal Burma Essay

Work in progress at the Yadana pipeline project †¦ modern equivalent of slavery? Unocal Corporation, the California-based giant gas-and-petroleum corporation, will face trial in a United States court on charges of forced labour of Burmese people to build the $1. 2 billion Yadana Gas Pipeline Project in southern Burma. On September 18 last year(2012), a panel of the U. S. Ninth Circuit Court of Appeals in Pasadena reversed a previous Federal District Court decision and allowed the groundbreaking human rights lawsuit against Unocal to go forward. In the Doe v. Unocal case, 11 Burmese villagers are suing Unocal for human rights abuses including rape, forced labour and murder during the building of the Yadana gas pipeline project in Burma. â€Å"This is a landmark decision,† said Richard L. Herz, an attorney with the non-profit group EarthRights International (ERI), co-counsel in the lawsuit. â€Å"In recognising that corporations that aid and abet egregious human rights abuses can be held accountable, the Ninth Circuit has affirmed that U. S. corporations cannot violate international human rights with impunity. † The decision said that plaintiffs need only demonstrate that Unocal knowingly assisted the military in the perpetration of the abuses, and that they had done so. The court also found that forced labour such as that employed by the Burmese military on behalf of the Unocal pipeline is the â€Å"modern equivalent of slavery†. The ruling stated, â€Å"The evidence supports the conclusion that Unocal gave `practical assistance’ to the Myanmar Military in subjecting Plaintiffs to these acts of murder and rape. Thus, because Unocal knew that acts of violence would probably be committed, it became liable as an aider and abettor when such acts of violence, — specifically, murder and rape — were in fact committed. † The legal battle began six years ago when Burmese villagers filed a suit in U. S. federal court demanding that Unocal pay millions of dollars in damages for abuses committed by soldiers along the Yadana pipeline. However, in 2000, despite the court finding evidence that â€Å"Unocal knew that forced labour was being utilised and that the joint venturers benefited from the practice†, the  federal judge dismissed the case because the company’s conduct did not rise to the level of â€Å"active participation† — a liability standard borrowed from the Nuremberg war crimes trials involving the role of German industrialists in the Nazi forced-labour programme. Lawyers for the Burmese villagers responded by filing a new lawsuit under state law and making many of the same charges in the Superior Court in Los Angeles. In June 2002, the California Superior Court Judge Victoria Chaney’s decision held that plaintiffs’ claims might proceed to trial. The trial of the California State case is scheduled to start in early 2003. The lawyers for the Burmese villagers also appealed the federal judge’s dismissal last year, which led to the ruling by the Ninth Circuit Court on September 18 last year. Although the Ninth Circuit Court has sent the case back to the lower federal court for trial, the villagers’ lawyers said they would ask Superior Court Judge Victoria Gerrard Chaney to apply the new liability standard in the California State trial. Unocal maintains that its actions are not on trial in the California case and that the company expects to be vindicated of `vicarious liability’ charges. Responding to the federal decision, Unocal’s lawyer Daniel M. Petrocelli said: â€Å"What the case is about is whether a private American company can be held responsible for the actions of a foreign military regime when the company itself didn’t do any of the offending conduct. † â€Å"No Unocal person participated in any acts of wrongdoing,† Petrocelli said. â€Å"Unocal does not have, nor ever had, any control over the actions of the Myanmar military. The company does not direct, countenance or condone the violation of any person’s human rights, and it certainly did not aid or abet the violation of anyone’s human rights. And if that is the standard that is applied in this case, we are confident we will meet that standard. † During the early 1990s, ignoring widespread calls from the Burmese democracy leader Aung San Suu Kyi and pro-democracy groups worldwide for a moratorium on international investment, transnational oil companies Unocal (U. S. ) and Total (France) chose to invest in a regime with one of the worst human rights and environmental records in the world. In 1992, the Burmese military government entered into a joint venture with Unocal and Total to construct a gas pipeline from the Yadana gas fields in Burma’s Gulf of Martaban to the Thai border. This represents the single largest foreign investment project in Burma. The Yadana gas revenue is one of the largest sources of foreign capital for the Burmese military government. The Burmese military regime was contracted by the oil companies to provide â€Å"security† for the project. Ever since, the Burmese army has engaged in systematic human rights abuses and environmental degradation in order to fulfil its contractual responsibilities. The U. S. court accepted the case against Unocal based on extensive documentation including eyewitness accounts of human rights abuses in the pipeline region provided by ERI. Along the Burmese pipeline route, killings, torture, rape and extortion by pipeline security forces have increased sharply since the Yadana Project was initiated. Many villagers along the pipeline area provided eye-witness descriptions of forced labour: â€Å"Battalion No.  273 came in to our village and asked for two porters to go to two places, including one located directly along the pipeline. These people had to go because it was their turn. The soldiers ordered a total of 18 porters from our village tract. The work lasted about 20 days, and they did not get any payment. I know they did not get payment because that was always the case, and it was the same again. † The influx of soldiers in the previously isolated Tenasserim region also caused an increase in illegal hunting, logging, and wildlife trade. The region is one of the largest rainforest tracts left in mainland Southeast Asia, home to wild elephants, tigers, rhinos and great hornbills, to name just a few rare and important species. It is also home to numerous indigenous peoples, including the Mon, Karen, and Tavoyans. An incriminating piece of evidence is a declassified cable sent from the U. S. Embassy in Rangoon to the U. S. State Department in 1995 that confirms Unocal’s relationship with the Burmese military and their collusion in forced labour. Known as the â€Å"Robinson Cable†, the cable chronicles a meeting between the U.S. embassy staff and Joel Robinson, Unocal’s manager for special projects. According to the cable, Robinson accepts Unocal’s relationship with the Burmese military: â€Å"On the general issue of the close working relationship between Total/Unocal and the Burmese military, Robinson had no apologies to make. He stated forthrightly that the companies have hired the Burmese military to provide security for the project and pay for this through the Myanmar Oil and Gas Enterprise (MOGE). He said three truckloads of soldiers accompany project officials as they conduct survey work and visit villages. He said Total’s security officials meet with military counterparts to inform them of the next day’s activities so that soldiers can ensure the area is secure and guard the work perimeter while the survey team goes about its business. † Tyler Giannini of ERI said that the evidence belies Unocal’s claims that it is not responsible for the acts of the Burmese military. â€Å"When Unocal and Total hire the military, tell them where to go, what to do, and depend on them for the security of their project, they are morally and legally responsible for the abuses that their security forces commit. Unocal was dealing with the devil. Now they will have to answer to a jury,† he said. Doe v. Unocal is the first case in U. S. history in which a corporation will stand trial for human rights abuses committed abroad. Human rights lawyers have viewed the court decision on Unocal as a breakthrough for foreigners seeking to hold multinational corporations accountable for their alleged complicity with repressive regimes in human rights abuses. With at least 10 similar lawsuits pending around the U. S. against multinational corporations, including ChevronTexaco Corp. and Coca-Cola Co. , the Unocal court ruling will encourage human rights lawyers to proceed on these cases.

What Makes John Coltrane - 2416 Words

When we are born into this World, some say we are born with no predefined path, others will say one s Destiny is already chosen. It is one of the many wonders of the Human experience to try and seek purpose and meaning in life, to be freed of the constraints society puts upon others. Many people living today do not know what path they are taking, they are walking blindly, in the dark. However, it is possible for one to open their eyes and to see the many opportunities that come their way and to see the light in this complicated world of ours. One of the many people in this world who have experienced this enlightenment is John Coltrane. What makes this man special is that he like many others started out life with no path he only lived in the moment not thinking about how he can leave his mark on the world. However unlike the majority of the population Coltrane midway through his life realised he needed to make a change in the world and that the way he would do it would be through his music. Coltrane’s success came to be due to his determination to fulfill his dream of making the world a better place, while overcoming the various barriers society and the world he was born into put in front of him; this determination led to his success. However like all barriers, some simply can not be overcome, and failure will play a crucial role in Coltrane’s career. Although through failure, one can learn to better themselves and achieve complete greatness, this is exactly what ColtraneShow MoreRelatedJohn Coltrane1566 Words   |  7 Pagesmusic and also jazz musicians. Among these musicians, is John Coltrane, considered one of the greatest jazz saxophonists and composers of all time. He was also one of the most important and influential musicians of the twentieth century. John William Coltrane was born in Hamlet, North Carolina on September 23, 1926. Moving from Hamlet as an infant, Coltrane grew up in High Point, North Carolina, where most of his family lived. John had a very rough life as a kid due to the fact that he grewRead MoreJohn Coltrane Essay1579 Words   |  7 PagesJohn Coltrane John Coltrane Jazz, taking its roots in African American folk music, has evolved, metamorphosed, and transposed itself over the last century to become a truly American art form. More than any other type of music, it places special emphasis on innovative individual interpretation. Instead of relying on a written score, the musician improvises. For each specific period or style through which jazz has gone through over the past seventy years, there is almost always a single personRead MoreMy Best Abilities The Beginning Of Coltrane s Alabama With King s Speech1557 Words   |  7 Pagesbeginning of Coltrane s Alabama with King s speech. Hearing a recording of the two overlapping is much more obvious but you can still see how some of the words can fit into the rhythms Coltrane played. I personally believe Coltrane did this on purpose. Of course, we have no way of know but there are some points in the speech and music where it lines up so well that it s unmistakable. There are also part s that do not mix well together, some of which you can see above but maybe Coltrane did that onRead More Spirituality and John Coltrane Essay3937 Words   |  16 PagesSpirituality and John Coltrane After being fired from Miles Daviss band in 1957 for his chronic use of heroin, John Coltrane was hurt tremendously. He decided it was time he quit using heroin. He took a month off from music while he went cold turkey. During this month in the early spring of 1957, Coltrane had a momentous religious experience (Nisenson, 40). Coltrane asked God to give him the means and privilege to make others happy through music (Coltrane, 1995, 2). As timeRead MoreI Attended A Jazz Recital Presented By Music953 Words   |  4 Pagesgroup performed the following songs, Donna Lee composed by Charlie Parker, Wave composed by Antonio Carlos Jobim, Misty composed by Erroll Garner, Another Song(For All The Pretty People) and Impressions composed by John Coltrane. In my essay I will discuss Impressions composed by John Coltrane. Jazz is a type of music the African Americans began and is best known for the mighty mood and beat. The primary instruments connected with this type of music are brass and woodwind instruments, for example, theRead MoreThe Bombing On 16th Street Baptist Church Essay2055 Words   |  9 Pagessixteenth Baptist street church [2]. It was not until 2001 and 2002 when some of the men responsible for the crimes would be prosecuted and eventually convicted. Though the intent of the bombing was to instill fear and panic into the black community, what came about was unity and a call to action. During this call to action, people had different ideas on how to respond to the events surrounding the bombing on 16th street Baptist church. The response ranged from marching, protests, and most importantlyRead More John Coltrane Essay5593 Words   |  23 Pagesquot;Ive got to keep experimenting. I feel that Im just beginning. I have part of what Im looking for in my grasp, but not all.amp;quot; This phrase, from the liner notes of quot;My Favorite Thingsquot; clearly defines Coltranes life and his search for the incorporation of his spirituality with his music. John Coltrane was not only an essential contributor to jazz, but also music itself. John Coltrane died thirty-two years ago, on July 17, 1967, at the age of forty. In the years sinceRead MoreThelonious Monk979 Words   |  4 PagesThelonious Monk â€Å"You know anybody can play a composition and use far-out chords and make it sound wrong. It’s making it sound right that’s not easy.† This quote spoke by Thelonious Monk himself represents his whole career into two sentences. He was widely considered one of the most influential jazz piano musicians. What is known about Monk’s early life is very little. Thelonious Sphere Monk was born October 10, 1917 in Rocky Mount, North Carolina. Monk’s family was made up of his parents TheloniousRead MoreEssay on Jazz3014 Words   |  13 PagesDixieland. It is characterized by collective improvisation, in which all performers simultaneously play improvised melodic lines within the harmonic structure of the tune. Louis, as a singer, is credited with the invention of scat, in which the vocalist makes up nonsense syllables to sing improvised lines. Other notable performers of New Orleans or Dixieland jazz include clarinetist Johnny Dodds, soprano saxophone p layer Sidney Bechet, trumpeter King Oliver, and trombonist Kid Ory. Other styles popularRead MoreLiterary Works Of The Harlem Renaissance1233 Words   |  5 Pagesmore about who did what in that building,† she said. â€Å"I care more about his ideas than his furniture.† Ms. Watson’s efforts are still a gamble. Like any nonprofit, her collective will need to continue fund-raising in order to sustain the home, she said. They also hope to bring in additional revenue by renting out rooms to artists and authors for events and book launches. What makes Ms. Watson’s approach unique, Ms. Worden said, is the fact that she does not simply plan to make it a house museum

Forensic Nursing Codes Of Ethics - 1382 Words

The profession of nursing has many vast specialties. Although every specialty, including forensic nursing, has its unique population and scope of practice, every field of nursing can and should utilize the Codes of Ethics from the American Nurses Association. The 2015 Code â€Å"addresses individual as well as collective nursing intentions and actions; it requires each nurse to demonstrate ethical competence in professional life† (ANA, 2015, p. 7). This code can be broken down into nine provisions which highlight the main focuses every nurse should strive to abide by in practice. Because forensic nursing is a field that intersects the legal system and healthcare (ANA IAFN, 2015, p. 3), it has its own variation of codes of ethics that differ†¦show more content†¦8) of all patients and communities. Each segment of the Vision of Ethical Practice can be broken down and compared to different provisions of the ANA code of ethics. Fidelity to Patients and Clients Forensic nurses assist patients â€Å"faithfully and incorruptibly† (IAFN, 2008, p.1). The first provision of the ANA Code of Ethics states, â€Å"the nurse practices with compassion and respect for the inherent dignity, worth, and unique attributes of every person† (ANA, 2015, p. 8). Much like the ANA code, the forensic nursing code of ethics established by the IAFN states: The belief that human worth is the philosophical foundation on which forensic nursing is based, the practice of forensic nursing is consistent with the Vision of Ethical Practice (IAFN, 2008), the International Council of Nurses (ICN) Code of Ethics for Nurses (ICN, 2012), and the Code of Ethics for Nurses with Interpretative Statements (ANA, 2015). (ANA IAFN, 2015, p. 18). Especially as a forensic nurse, dealing with a vulnerable and marginalized population that have been victims of some type of violence or trauma, it is crucial to â€Å"deliver services in a non-judgmental and non-discriminatory manner that is sensitive to the diversity of the patient and the community† (ANA IAFN, 2015, p. 18). These nurses work with the homeless, domestic violence victims, transgendered individuals, individuals suffering from mental illness, offenders who are incarcerated, and alcohol and drug abusers.Show MoreRelatedRoles And Responsibilities Of The Nursing Profession891 Words   |  4 PagesNursing Today Did you know that nursing did not start out like how it is today? Yes, that’s correct! There has been numerous changes in the nursing field over the last hundred years. Let’s take a look at the factors that influenced the development of the nursing profession, the roles and responsibilities of nurses, and different career opportunities. These changes are what played a vital role in my desire to become a nurse. Development of the nursing profession War was a major influence on theRead MorePersonal Narrative : My Third Year Essay1102 Words   |  5 Pagessince there is no name for them. Nursing is all I ever wanted to do. I can’t quite remember how I caught the bug but I do remember making the decision to pursue this career and never looking back. I have pushed through so many obstacles while still in school and since starting as a professional working nurse, it’s a wonder how I managed to stay committed to nursing these past three years. I will admit there was a dark time about a year ago where I just felt that nursing was letting me down and I wasRead MoreCritical Incident Analysis Essay3770 Words   |  16 PagesAssignment word count: 3000 Actual word count: 2967 Contents 1. Assignment 2. References 03 – 11 12 – 13 ID No: 20328 Page 2 Introduction This paper will critically analyse an incident that occurred during my placement on a forensic low secure unit. The Low secure unit provides multidisciplinary treatment and care for male patients aged between eighteen and sixty-four with serious mental disorders who require the provision of appropriate security underpinned by the principlesRead MoreEssay about Reflection of a Forensic Nursing Placement2665 Words   |  11 PagesUsing no more than 2000 words reflect on your experience of working in this placement area. You should consider what you have learned about the specific practice area, for example whether it is forensic, community nursing speciality, what you have learned about yourself and the complexity of the Learning Disability nurse’s role within it. You are expected to apply a reflective framework of your choice and support your reflection with appropriate references. This piece of reflection will focusRead MoreEthical Dilemmas for Nurses on End of Life Issues5633 Words   |  23 PagesEND-OF-LIFE ISSUES BASED ON CONFERENCE PROCEEDINGS HELD IN ELDORET, KENYA Author: Kamau S. Macharia: BScN (Moi), MSc (studying) Nursing Leadership Health Care Systems Management (University of Colorado, Denver), Higher Dip. Critical Care Nursing (Nbi). Graduate Assistant, School of Nursing Biomedical Sciences, Kabianga University College (A Constituent College of Moi University), . P 0 Box 2030 20200 Kericho, Kenya , Tel +254 722224577, Email: symomash@gmailRead MoreCase : Odom V. State Department Of Health And Hospital1474 Words   |  6 PagesOdom in 1994 against the State of Louisiana through the Department of Health and Hospitals. They lost their fourteen year old adopted son named Joseph Paul Odom (Jojo), who died of hypoxia at the Pinecrest Development Center in Louisiana, due to nursing negligence, on August 19, 1994. Description of the Case Joseph was born twelve weeks prematurely in Pineville, Louisiana on June 14, 1979 with a congenital birth defect of hyaline membrane syndrome. He had first episode of seizure when he was sixRead MoreCodes of Ethics in Nursing3690 Words   |  15 PagesCODE OF ETHICS IN NURSING * The fundamental responsibility of the nurse is fourfold: to promote health, to prevent illness, to restore health and to alleviate suffering. * The need for nursing is universal. Inherent in nursing is respect for life, dignity and the rights of man. It is unrestricted by consideration of nationality, race, creed, color, age sex, politics, or social status. * Nurses render health services to the individual, the family and the community and coordinate theirRead MoreIncarceration of The Mentally Ill Essay1771 Words   |  8 Pagesthe federal governments housing regulations resulted in an increase of homelessness within the mentally ill population. Changes in the Medicare and Medicaid systems made it cheaper to release psychiatric patients to less strict facilities such as nursing homes (Grob, 1994, Mechanic Rochefort, 1992, as cited in Litschge Vaughn, 2009). Because of large releases from institutions, substantial numbers of those living with mental illness stopped receiving treatment and the rates of incarceration beganRead MoreLegal and Professional Issues in Nursing4141 Words   |  17 Pagesï » ¿Legal and Professional Issues in Nursing Introduction Nursing involves forming relationships with patients on many different levels, which will depend on unique sets of circumstances and individual personalities. Illnesses which are considered life-threatening in particular can really require treatment that is complex and physical nevertheless, more tellingly, can awaken compound emotional, mental and spiritual issues for both patient, family and nurse. Experiencing such situations helps nursesRead MoreThe Death With Dignity Act1763 Words   |  8 Pagesthey have been dealt. When something of this magnitude occurs in ones life, doctor assisted suicide should never be an option, or even a thought on their mind. Human euthanasia is ethically, and morally wrong. It violates the principles of medical ethics that doctors take, it costs less to keep a person alive, rather than die, and if this medication falls into the wrong hands, a murder could come about from it. In the 19th century, there was an uprising in anesthesia use (Emanuel 1). In 1846, Dr.

The Roots Of Every Theory Of Criminal Law Creation

The roots of every theory of criminal law creation are conflict perspective and functionalism. Functionalism is a theory that social consensus holds social structure together. The societal needs theory and consensus view are both theories that come from functionalism. In contrast, the conflict perspective explains that the divide between class fuels social structure. Ruling class, pluralist, and the structural contradictions theories share roots in conflict perspective. The consensus view is one grounded in the ideas of the functionalist theory. It dictates that the law develops out of common experience and ideology. Moreover, what the consensus agrees is wrong becomes criminal. A classic example of this theory in action is that of homicide. Instinct tells us that it is wrong to kill another human being, and thus an instinct becomes law. A demonstration of this theory is the FBI’s change in its definition of rape. The old definition was â€Å"The carnal knowledge of a female forcibly and against her will.† (FBI, 2014, p. 1) The definition is now â€Å"Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. (FBI, 2014, p.1). This change reflects the general public’s realization that the previous definition did not encompass the nature of sexual assault. The major trouble of this theory is the idea of consensus. There exists a miniscule subset of cases which areShow MoreRelatedEssay on Criminal Investigations Chapter 1 Questions1586 Words   |  7 Pages1. Q: In what ways have our historic roots affected the manner in which criminal investigations are conducted in the United States today? A: The organizational structure of the Pinkerton National Detective Agency, found in 1850 by Allan Pinkerton and the first of its kind in the US, was later adopted by the FBI. As with the Pinkerton Agency, the FBI began to take on cases that local law enforcement were too limited in resources to handle on their own. In addition, Pinkerton created what wasRead MoreSocial Conflict Perspective on Class, State and Crime Essay1825 Words   |  8 Pageslead to increase crime due to the criminal laws and criminal justice system imposed on the lower middle class. Social conflict theory is the only one out of the vast number of criminology theories that deals directly with this problem. From out of it’s Marxist roots arose a theory which challenges the way in which today’s society views it’s legal system and the implications it has on it’s working class citizens. The nature and purpose of social conflict theories is to examine the social controlsRead MoreHow Gang Related Crimes Be Documented Within The Justice System Essay2018 Words   |  9 Pages(2000) in their survey find that nine out of every ten current criminal gang members (91%) were in a physical fight in the past year in comparison to the 26% who do not belong to a gang. In addition, gang related violence is higher as the survey also found that 70% of current criminal gang members have carried a knife or gun in the past year in comparison to non gang members (12%). In order to explore the relationship between gang membership and criminal victimization, w e also asked all of high schoolRead MoreHistorical Background Of The Era Essay1481 Words   |  6 Pages20% of the nation’s population, would continue to dominate the country. Although the policy began officially in 1948, the practice of racial discrimination has deep roots in South African society. As early as 1788, Dutch colonizers began establishing laws and regulations that separated white’s settlers and native Africans. These laws and regulations continued after the British occupation in 1795, and soon led to the channeling of Africans into specific areas that would later constitute their s0-Read MoreProstitution And Deviance : Examination Of Theories Amongst Positivist And Constructionist Perspectives Within Society1604 Words   |  7 PagesProstitution and Deviance: Examination of Theories Amongst Positivist and Constructionist Perspectives Within Society Deviance is behavior, beliefs or characteristics that many people in a society find or would find offensive and which excite, upon discovery, disapproval, punishment, condemnation, or hostility (Goode, 2011 p. 3). Most scientists will agree that a person s most basic needs, physiologically, are breathing, food, water, sleep, and sex. If all of these are the most basic to humanRead MorePsychological And Social Process Theory Essay2013 Words   |  9 PagesThere are many theories that attempt to explain the cause of crime. Two theories for the cause of crime are the Psychological and Social Process Theory. According to Schmalleger (2015), psychological theorist believe â€Å"crime is the result of inappropriate behavioral conditioning or a diseased mind† (p. 78). Social Process Theory claims â€Å"crime results from failure of self-direction, from inadequate social roles, or from associating with others who are already criminals† (Schmalleger, 2015, p. 103)Read MoreRe construction: A Story of Limited Success Essay1613 Words   |  7 Pages Nonetheless, Southerners truly believed blacks were naturally inferior, and President Johnson was a main proponent of this theory. Johnson did little to intervene as state governments across the South adopted a series of laws known as black codes, which made a travesty of black freedom. The codes sought to keep ex-slaves subordinate to whites by subjecting them to every sort of discrimination. The Mississippi black code stated that â€Å"no freedman, free negro or mulatto shall keep or carry a firearmRead MoreRape, And Gender Crimes2220 Words   |  9 Pagesand gender crimes in India Introduction The chief contention of this project is that rape as a sexual and gender crime against women is a manifestation of the forces and sociological structures that are much less obvious than any literature on criminal jurisprudence on the subject of ‘rape’ and sexual crimes will suggest. Hence this necessitates a deep study and literature review of all dimensions that explain the institutional structures and forces that explain ‘rape’ in the Indian context andRead MoreObject And Purpose Of The Study2152 Words   |  9 PagesObject And Purpose Of The Study The Concept of Victimology has been a topic of grave significance related to the criminal justice system in our country. Victimology in theory cannot be understood as a whole and hence it needs to be supported by applied concepts and practical outlook is an essential to this. The victim many a time is not provided with proper justice or it is delayed so long as to render it incapable for providing a just environment for the victim. Many a times the compensationRead MoreThe Problem of the Trinity1660 Words   |  7 PagesGirzone (2002), the trinity is not only immanescent in God. It walks within the individual as well guiding him or her with her vicissitudes in life. Our first indication of God is a lovable ever-present God who was there for the Israelites; God issues laws for eh direction of the people, but the people regarded Him with awe and hardly dared call Him Father. They saw him more often as their King and as an inspiring, awesome God. It was Mary who, with the birth of Jesus called Him son of God and Holy

Business Laws Contract of Electronic Services

Question: Describe about the Business Laws for the Contract of Electronic Services. Answer: Case study 1 This case study deals with the contract of the electronic services. While going through the weekend add of the classified section of the weekend Victorian Newspaper, Jin Ho passed through the deal that caught his eye. The offering of the sale of C-Phone Xi 2015 new limited edition with three years of warranty is at the $1500 and also the other add of the same phone with the same features is seemed to be $3000 (Carter, 2006). In the mood of excitement, Jin Ho called for the 1st offer that was provided at the contact no provided below the respective ads of the phone. With viewing the cheap rate of the new phone, Jin Ho called to make deal for which the deal seems to be an interesting one. The decision made by Jin Ho focus on the cheap rate that was mentioned above. The owner of the C-Phone Xi 2015 is Narvin with whom the conversation made about the deal of the phone. With the creation of the range of bargaining for the phone, the interest was created in the mind of Jin Ho for which the price seems to be fixed at $ 1250 from $1500 which was the owners price (Cherednychenko, 2006). With this agreement, Narvin text the address of his own to Jin Ho. Nest day on 3rd November on arrival at the house of Narvin, no one seems to be present at the address provided by Jin Ho and thereby he tried to call Narvin at his provided number. But the number provided by Narvin does not exist now. With receiving an shocking information from his friend Dan that the ad was removed from the Victorian Classified, jin ho dropped a mail at the mailbox of Narvin that he was ready to provide $1500 for the phone and he had also visited the provided address but nobody was there at the house. In return reply Narvin provided the information that he has already sold the phone at $1700 to someone else (Dowd, 2004). In context to the above case study explained provides the view of breaching of the contract law as per the contract laws of Australia. The contract seems to be verbal in nature and thereby as per the contract law of Australia, breaching of contract is taking place for which the claimant Jin Ho can throw a case against the defendant Narvin. The penalty for this case of breaching of contract provides the strict judgement for the case and thereby the judgement is provides the appropriate enhancement of the case undertaken for Jin Ho (Elliott and Quinn, 2007). the misleading and the deceptive conduct is taking place in view of Narvin and thereby it seems to be a form of disadvantage by the terms of the contract. It also creates an unfair means of the conduct with reference to the Australian contract laws and thereby the harm is created for the claimant. It thereby also depicts a form of fraudulent act that was undertaken by narvin and the harassments made to Jin Ho is depicted in the cas e study. The unfair harm is created for Jin Ho and thereby the solicitor provided the judgment in for the Jin Ho for which he has gained a contact for the appropriate establishment of the judgement (Grundmann, 2007). For the purpose of penalty, Narvin has to provide the interests with providing the causes of the penalty for the unfair harm created. The service is seemed to be provided in the case of the solicitor and thereby it provides the appropriate judgement for the case with proving Narvin guilt for the incident undertaken by him. The appropriateness of the judgement is proved by the judgement provided by the solicitor and thereby the case seems to be leaded in the right track. Case study 3 Australian consumer law is considered to be protecting the consumer and ensure the fair trading practices in Australia. It is a national, state and territory law from January 1 2011 and also consist of unfair contract terms legislation which are prepared and introduced in the year July 1, 2010. Consumer guarantees is basically depend on the relationship to implied warranties and the key condition which are comprised of a comprehensive set of rights and remedies for the defective product and their respective services (Grundmann, 2011). The consumer guarantees are considerable based on the very same principles as it is considered to be implied warranties and the condition which is previously present in the state and the territory fair trading laws and the commonwealth trade practices act 1974. Rights and obligation in a more clear and precise way, exist case law and legal precedent which is applied to the earlier law. In the case of Taran and Monica case the salon assured that the product is healthy and medically approved which will be good for the scalp and the color of the streak will last for a month and also assured that it will not fade away (Monahan and Carr-Gregg, 2007). According to the consumer guarantees act of Australia the consumer can demand for consequential loss for the poor product or service which states, Consumer guarantees failure leads to the consequential loss where the consumer may also seek for compensation from the supplier or the manufacturer for any consequential or related loss or the diminishing the damage outcomes from the failure to meet the consumer guarantees (Radan and Gooley, 2009). Consumer wills normally deal with the supplier but on various occasion it is seen that the manufacturer need to fix the problem or issues. Manufacturer is primarily responsible for determining and meeting the certain consumer guarantees. A manufacturer is primarily responsible or liable to a person or the individual in certain case or business which are, makes or put the good together has their name of the good Import of the goods In case of the Taran and Monica the supplier Fantastique Ltd clearly mentioned that the salon will not be liable for any loss or damage which is caused by the defective product sold or used. Any liability will be complete responsibility of the manufacture which is the company ALIVE is here and the company will be held responsible for any kind of loss (Randell-Moon, 2013). According to the Australian consumer law, manufacturer might be liable for the compensation to the consumer if the manufacturer fails to manage its core responsibility. Manufacturer will be held responsible if the manufacturer must provide the remedy when the good fail to meet the consumer guarnteess which comes with key criteria whicha re as follow, If the quality of the good or the service is not acceptable If the product matching description is not matching leading to the falsification of the product information. Repair or spare parts Express warranties Out of all the criteria the first criteria is primarily responsible for making the product not acceptable from client perspective as Taran and Monica is not happy with the product as mentioned by the supplier the product will last for one month and the scalp will be smooth free from any allergies and medically healthy compared to other hair color in the market. All the specification of the product does not match with the outcome as the color started fading in the fourth day whereas Taran feel irritation in the scalp which resulted into medical cost for the company. A manufacture is liable to honor consumer right under the consumer guarantees regardless of whether the good and the respective service are covered by any key warranties (Willmott, Christensen and Butler, 2005). From the several analysis of the case Taran and Monica it is clearly evident that the company Alive fails to fulfill the specification given by theme which include that the color will last for month and medically a pproved free from any allergies as well as the product will be healthy for the scalp, all the criteria of the product fail to accomplish and thus fail to satisfy the customer which under the Australian consumer act made it liable for the company to compensate their customer as per the congenital loss. Thus the company is liable to compensate the consumer Taran and Monica for their unfortunate service received from the supplier for the product of the manufacturer. References Carter, J. (2006).Carter's guide to Australian contract law. Chatswood, NSW: LexisNexis. Cherednychenko, O. (2006). Fundamental Rights and Contract Law.European Review of Contract Law, 2(4). Dowd, M. (2004). Breaching the Contract.Arch Pediatr Adolesc Med, 158(10), p.1014. Elliott, C. and Quinn, F. (2007).Contract law. Harlow: Pearson Longman. Grundmann, S. (2007). Regulating Breach of Contract The Right to Reject Performance by the Party in Breach.European Review of Contract Law, 3(2). Grundmann, S. (2011). The Future of Contract Law.European Review of Contract Law, 7(4). Monahan, G. and Carr-Gregg, S. (2007).Essential contract law. Abingdon, Oxon.: Routledge-Cavendish. Radan, P. and Gooley, J. (2009).Principles of Australian contract law. Chatswood, N.S.W.: LexisNexis Butterworths. Randell-Moon, H. (2013). The secular contract: sovereignty, secularism and law in Australia.Social Semiotics, 23(3), pp.352-367. Willmott, L., Christensen, S. and Butler, D. (2005).Contract law. South Melbourne, Victoria, Australia: Oxford University Press.