Swan Lake Comparative Essay

The timeless Swan Lake is today prized as one of the world's greatest and most renowned classical ballets to ever exist. For over one hundred years Swan Lake has been performed, adapted and rewritten innumerable times to enthrall a wide range of audiences all across the world. Whilst the foundation of how Swan Lake began and came to be is still, to some extent, unknown, it is widely believed that the production was originally choreographed by Julius Resigned with the accompaniment of celebrated Russian composer Russian Tchaikovsky for the musical score.It was first resented as The Lake of the Swans by the Ballet of the Moscow Imperial Abolish Theatre in 1877 in Moscow, Russia. Brash Judgment and calamitous reviews were passed upon this production and in turn, most ballet companies today now establish their staging both choreographically and musically on the revival created by Marcus Petite and Level Vivian, which opened in 1895. Seen through the eyes of millions, countless variations of Swan Lake have been created since its original formation in 1877.One of the most recognized recreations is the Swan Lake modernized by the hieroglyphic genius Grange Murphy and presented by the illustrious Australian Ballet Company in 2002. A spiraling love triangle between the changeable Prince Siegfried, a delicate Dotted and an alluring Baroness von Rotate, Grange Murphy's adaptation of Swan Lake is one to rival most others around the world. Although rewritten countless times, the original plot of Swan Lake follows the tale of the young Princess Dotted, who, under the spell of an evil sorcerer interchanges between a swan and a beautiful young woman.Prince Siegfried, a young man of 21 and soon to e married, stumbles across a lake of beautiful swans whilst on a hunting trip. He discovers through the Swan Queen, Dotted that the evil sorcerer had cast an enchantment on many beautiful girls to turn them into swans, and the tears of their grieving parents had formed the lake. Soon after, Prince Siegfried falls madly in love with Dotted. She reveals to him that the only way the spell could be broken is if a man, pure in heart, pledges his everlasting love to her.This angers the evil enchantress Baroness Von Rotate, and she manipulates Prince Siegfried into infesting his love to Doodle, a girl posing as Dotted and so happens to be Von Rotator's daughter. Dismayed and with a broken heart, Dotted throws herself into the lake, followed by Prince Siegfried who was horrified by his mistake. Together their spirits ascend into the heavens above Swan Lake. Grange Murphy's adaptation breathes new life into the classic Swan Lake by taking a realistic and modernized approach, twisting it in with sensual fantasy and warped spectacle.These themes, combined with others such as betrayal, instability, depression and confusion deviate room the fantasy world seen in the original production and take precedence over the linear narrative of Swan Lake to construct a realistic repres entation that is relatable to audiences all across the world. Murphy's variation of Swan Lake revisits the story of Dotted; the young and naive lover of Prince Siegfried who she is to be married to. After a series of events, Dotted is driven insane by his overpowering infatuation with Baroness Von Rotate.She is then committed to a sanatorium where her emotional damage is irreversible. This is perceived through a range of striking, fragmented events that are seemingly impulsive and uncontrollable. A number of visions are seen through the eyes of the mentally unbalanced Dotted, including a heart shattering pas De deuce between herself and Prince Siegfried, where she appears as a feeble, broken swan and tries to escape his grasp. This is soon followed by an encounter with Baroness Von Rotate, who walks past the window of her enclosed room, arm in arm with the Prince.After much deceit and changeability, the Prince realizes his heart truly belongs to Dotted and tries to find her once mor e, but it is all n vain as Dotted has committed suicide, descending gracefully into the lake, clothed in a long dress. This modern variation, through exploiting the themes of love, loss and desperation maintains an emotional connection to the audience while still fabricating a strong production to be an escape for the audience to enjoy.Grange Murphy made further alterations to the traditional Swan Lake to push the boundaries of contemporary ballet, a style of dance that has recently arisen in the 20th century, incorporating both modern dance and classical ballet. This was flawlessly achieved y Murphy through his involvement in the Sydney Dance Company. The movements used are fundamental to the storyline of Swan Lake as Murphy has staged it to be predominantly driven by romance. He utilizes elements of daring floor work, suspenseful lifts and fluid motions to create a ministering and expressive work of art.In appreciation of classical ballet, many graceful leaps and lifts are used, i ndicative of the traditional swan's fragility. In contrast to this, the scene where Dotted becomes is driven insane wing for the attention Prince Siegfried wild, harassing movements are used, strongly channeling contemporary dance. This is again seen in the imagined fantasy duet between Dotted and Prince Siegfried, when she is locked in the sanatorium. This duet includes variations of movements associated with classical ballet by upside-down grand rondo De Jamb, parallel retires pirouettes and large, sweeping movements.In recognition to the original Swan Lake, Murphy's adaptation still follows the vital elements of the production, including the corps De ballet of graceful swans and a number of unchanged repertoire pieces. The tagging of Grange Murphy's Swan Lake is an astounding construction of visual and aural components to be the driving force behind his modern interpretation. He gives his story a fresh edge by using the original Tchaikovsky score, as recorded by Richard Bonged, r ather than the well-known Richard Dried arrangement that most ballet companies use today when performing Swan Lake.This was a subliminal device used to link the contemporary production back to its foundations. The sets used in Murphy's production are unrivalled. The lake is always present, either in full view or just beyond a foreground interior. In Part 1, it is a fragile, natural spectacle, in Part 2 it is a pool of brooding tranquility and in Part 3 it finishes as a black receptacle of ultimate heartbreak and tragedy. The sanatorium is a minimalist environment- cold, intimidating and antidemocratic.The space used for this scene is small and enclosed limiting movement and in turn, making them more effective. The impeccable costuming influenced by Edwardian times creates a contrast between the traditional Swan lake that focuses it's costuming around the middle ages and drives the narrative forward with repeated motifs. Deist's enormous flowing white wedding dress is one of the most memorable costume devices used, with it hinting at a division between Prince Siegfried and Dotted.

Fairy tale

Literature (from Latin litterae (plural); letter) is the art of written work. The word literature literally means â€Å"things made from letters†. Literature is commonly classified as having two major forms—fiction & non-fiction—and two major techniques—poetry and prose. Literature may consist of texts based on factual information (journalistic or non-fiction), a category that may also include polemical works, biography, and reflective essays, or it may consist of texts based on imagination (such as fiction, poetry, or drama).Literature written in poetry emphasizes the aesthetic and rhythmic qualities of language—such as sound, symbolism, and metre—to evoke meanings in addition to, or in place of, ordinary meanings, while literature written in prose applies ordinary grammatical structure and the natural flow of speech. Literature can also be classified according to historical periods, genres, and political influences. While the concept of gen re has broadened over the centuries, in general, a genre consists of artistic works that fall within a certain central theme; examples of genre include romance, mystery, crime, fantasy, erotica, and adventure, among others.Types of Literature Here are some of the popular categories of books and stories in literature. An autobiography is the story of a person's life written or told by that person. Bill Peet: An Autobiography A biography is the story of a person's life written or told by another person. Eleanor, by Barbara Cooney A fable is a story that teaches a moral or a lesson. It often has animal characters. The Tortoise and the Hare Fantasy novels are often set in worlds much different from our own and usually include magic, sorcery and mythical creature.The Harry Potter series by J. K. Rowling A folktale is a story that has been passed down, usually orally, within a culture. It may be based on superstition and feature supernatural characters. Folktales include fairy tales, tall tales, trickster tales and other stories passed down over generations. Hansel and Gretel A legend is a story that has been handed down over generations and is believed to be based on history, though it typically mixes fact and fiction. The hero of a legend is usually a human.King Arthur and the Roundtable A myth is a traditional story that a particular culture or group once accepted as sacred and true. It may center on a god or supernatural being and explain how something came to be, such as lightning or music or the world itself. The Greek story of the Titan Prometheus bringing fire to humankind Science fiction stories examine how science and technology affect the world. The books often involve fantasy inventions that may be reality in the future. The Left Hand of Darkness, by Ursula Le Guin

Sources Of Law Introduction To The Malaysian Legal System Sources Of Law

SOURCES OF LAW INTRODUCTION TO THE MALAYSIAN LEGAL SYSTEM SOURCES OF LAW The sources of Malaysian law refer to the legal sources i. e. the legal rules that make up the law in Malaysia. The sources of Malaysian law comprise: 1)Written law; and 2)Unwritten law Federal and State Constitutions Written Legislations & Delegated Legislations SOURCES OF MALAYSIAN LAW Judicial Decision English law Unwritten Islamic law Customary Law SOURCES OF LAW: UNWRITTEN LAW Unwritten law is the portion of Malaysian law which is not being enacted by the Parliament or State Legislative Assemblies and is not found in the Federal & State Constitutions.It is found in cases decided by the courts, local customs etc. – The unwritten law comprises the following: – i. Principles of English law applicable to the local circumstances. ii. Judicial decisions of a superior courts e. g. the High Courts, Courts of Appeal and the Federal Court. iii. Customs of the local inhabitants which have been accepted a s law by the courts. iv. Islamic law UNWRITTEN LAW – ENGLISH LAW English law comprises of the common law, the rules of equity and statutes :The common law is the unwritten law which was developed by judges in England based on customs and usages of the society.The common law is recognized and enforced through decisions of courts rather than through parliament or the executive branch of the government. The rules of equity is a body of legal rules formulated and administered by the Court of Chancery in England to supplement the rules and procedures of the common law. Statutes are the laws which are enacted by the legislature/parliament. Reception and Application of English Law in Malaysia ? Started with the informal reception in the Straits Settlement. ? Led to the Malay States through the intervention of the British Resident and advisors. As for the Borneo states since they became British protectorates in 1888, they too informally received English Law. ? The English Law was for mally received under three statutes: ? Civil Law Ordinance 1956 for Peninsular Malaysia ? Application of Laws Ordinance 1951 for Sabah ? Application of Laws Ordinance 1949 for Sarawak ? All the three statutes are now incorporated into the Civil Law Act 1956 ? The principles of English law can be applied in Malaysia by virtue of section 3 and 5 of the Civil Law Act 1956.It provides for the application of the principles of English law in Malaysian courts provided that: ? i) there is a lacuna in law, and ? ii)the principles of English law is suitable to the local circumstances. ? Lacuna = a blank gap or missing part ?Sec. 3(1)(a) of the Civil Law Act 1956 provides that the Court shall in West Malaysia apply the English common law and rules of equity as administered in England on 7 April 1956. This means that only English law, which was used in England as at 7 April 1956 can be used in West Malaysia.Further development of English law after this date cannot be so applied. However, they m ay be persuasive, especially in the absence of local statutory provisions or case law. ?Sec. 3(1(b) of the the Civil Law Act 1956 provides that the Court shall in Sabah apply the English common law, rules of equity and statutes of general application as administered or in force in England on 1 December 1951. ?As for Sarawak , sec. 3(1)(c) of the Civil Law Act 1956 allows the Court to use English common law, rules of equity and statutes of general application in force in England on 12 December 1949. English Commercial Law ? As for English commercial law, sec. 5(1) of the Civil Law Act 1956 provides that for West Malaysia (except for Penang and Malacca), the principles of English commercial law as at 7 April 1956 shall be applied in the absence of local legislation. ? As for the states of Penang, Malacca, Sabah & Sarawak – sec. 5(2) of the Civil Law Act 1956 provides that the principles of English commercial law as at the date on which the matter has to be decided is to be used , where there is no Malaysian legislation on that area. However, as there are an increasing number of Malaysian statutes on commercial law, sec. 5 Civil Law Act 1956 is of diminishing importance. ? The local circumstances clause in sec 3 Civil Law Act 1956 is absent in sec 5 Civil Law Act 1956 , but in practice, sec 5 has been interpreted as if it is subject to this clause as – Shaik Sahied bin Abdullah Bajerai v Sockalingam Chettiar (1933) Section 5 [Specific Application Commercial Matters] ? S 5(1) – All West Malaysia states (Except Penang & Malacca) apply English Commercial Law including statutes on 7/4/1956 S 5(2) – Penang, Malacca, Sabah & Sarawak apply the relevant and applicable English Commercial Law on the date of trial HIERARCHY OF COURTS IN MALAYSIA Federal Court Courts of Appeal High Courts Sessions Courts Magistrates’ Courts Penghulu‘s Courts UNWRITTEN LAW – JUDICIAL PRECEDENT court decisions which make up the ? Judicial decision s are common law of a country. The courts make law by applying the existing law to new situations and by interpreting legislations. Judicial decisions form part of the law of Malaysia through the doctrine of judicial precedent. A judicial precedent is commonly defined as â€Å" a judgment or decision of a court of law cited as authority for the legal principle embodied in its decision†. ? Doctrine = a principle The Doctrine of Judicial Precedent. ? This doctrine states that an earlier decision of a higher ranked court is binding on a later lower ranked court, if the facts in both cases are similar. Thus the cases heard in a higher ranked court lay down legal principles which must be followed by the lower ranked court. Once a precedent is made, it remains binding unless and until overruled by a later decision. The doctrine of judicial precedent is based on the principle of stare decisis, this means that like cases should be treated alike. The general rule is that all courts ar e bound to follow decisions made by courts higher than themselves in the hierarchy and appellate courts are usually bound by their own previous decisions although there are exceptions. ? stare decisis = stand by what has been ? This practice of following precedent is also known as stare decisis (stand by what has been decided).It is a legacy of the English common law system. ? If a judge fails to follow a binding precedent, the decision will be legally wrong and it is likely to be reversed on appeal. Where there is no appeal, it can be overruled in a later case. ? The general rule is, where the subsequent case is in pari materia The Application of the doctrine of Binding Precedent in Malaysia to the earlier case: a) Courts of lower rank in Malaysia are bound to follow the decisions of the courts of higher rank in this country. However, there are exceptions: I.When there is a conflict of decision between higher courts of the same rank : in the case of two conflicting decision of the Court of Appeal, the lower court is entitled to decide which one to follow; in the case of two conflicting decision of the Federal Court the lower court must follow the later decision (because it represents the existing state of the law). Dalip Bhagwan Singh v PP (1998) In pari materia = upon the same matter or subject I. The decision of the higher court though not expressly overruled, cannot in the opinion of the court stand with a decision of the Federal Court. II.Distinguishing precedent – a judge may distinguish the case when there are material differences in facts between the case before him and the case laying down the precedent. ? Hierarchy of the Courts: Federal Court v Court of Appeal v Superior Cts. High Court v Sessions Court v Magistrates’ Court Subordinate Cts. ? Only superior courts are entitled to set up judicial precedents whereas the subordinate courts are duty bound to follow precedents. ? The Federal Court ? The highest ranking court and the final ap peal court. ? The decisions of the Federal Court are binding on all lower Courts. The Federal Court is only bound by its own decision in civil cases. ? Decision of The Court of Appeal ? The Court of Appeal is bound by the decision of the Federal Court. ? The Court of Appeal's decision is binding on all lower courts, including the High Court. ? The Court of Appeal is also bound by its own decision ? Decision of The High Court ? The High Court decision is binding on all subordinate courts. ? The High Court is not bound by its own decision. ? Decision of The Subordinate Court ? The Sessions Courts and Magistrates’ Courts are bound by the decision of the Superior Courts. The Sessions Court and Magistrates’ Court decisions are not binding on any court, including themselves . UNWRITTEN LAW – CUSTOMS ? The regular pattern of social behaviour, accepted by a ? ? ? ? given society as binding upon itself. Customs are proved through repeated acts practiced over a long perio d of time, leading to the conclusion that by common consent they have become the accepted norm, or the law of the place, to the exclusion of ordinary law. In Malaysia, the term is also known as adat or ‘native law & custom’ Art 160 of Federal Constitution includes ‘customs & usages having the force of law’ in the definition of law.This definition distinguished between customs that have legal consequences and those that do not. ? There is no common customary law for all communities. ? Malays – Adat Perpatih & Adat Temenggung ? Natives of Sabah & Sarawak – Native law & custom ? Chinese – Chinese Customary law ? Indian – Indian Customary law ? Customary law consists of customs and traditions including Malay adat, old Chinese and Hindu customs and native law. UNWRITTEN LAW – ISLAMIC LAW ?- Islamic law is another important source of Malaysian law.It refers to the legal rules that are part of the Syariah and enacted as legislati on in accordance with the Federal and State Constitution. incorporation of Islamic principles into land laws and banking laws. Islamic law applies to all Muslims and of particular importance are the laws relating to family matters (marriage & divorce) & division of assets/properties of the deceased persons. ? It is increasingly being applied in our local laws e. g. through the ? In Malaysia the Islamic law applied is of the Shafii school of jurisprudence (mazhab), with some modification by Malay adat (customary) law. Islamic law is applicable only to Muslims and is administered in the Syariah court. Except for the Federal Territories, the states have the power to administer the Islamic law. ? Article 121(1A) of the Federal Constitution states that the civil courts have no jurisdiction in respects of any matter within the jurisdiction of Syariah court. It posseses civil jurisdiction in proceedings between parties who are Muslims, and limited criminal jurisdictions over offences by Mu slims against religion. ? The Sources of Islamic law are: The Quran, Sunnah, Ijma’, Qiyas etc. SOURCES OF LAW: WRITTEN LAW –Written law is the most important source of law in Malaysia. It is in writing and includes the following: the Federal and State Constitutions, legislations and subsidiary/delegated legislation Federal Constitution is the supreme law of the country and no law can go against it. It sets out the structure of the government and states that Malaysia is a system of parliamentary democracy with no separation of legislative and executive branch. However, the judiciary is a separate branch. The Federal Constitution also states the basic rights of every citizens, such as rights to education, citizenship rights and voting rights.There is also freedom to practice one’s own religion, although Islam is the religion of the Federation. – – – – The State constitution sets out the structure of the state governments and provides fo r the existence of a State Legislative Assembly in each state. The function of the state Legislative Assembly is to enact laws for the state. Legislation is enacted by the Parliament at federal level and by the state Legislative Assembly at the state level. The Federal and State legislatures are not supreme as they can only enact laws in accordance with the stipulated procedures in the Federal and State Constitutions.Law made by the Parliament is called an ‘Act’ while law made by the State Legislative Assemblies is called an Enactment or Ordinance. Subsidiary or delegated legislation arises when parliament delegates its rights to make law to another body such as the Minister concerned or a local authority. These laws are known as regulations or by-laws. There is a need for delegation as the Parliament’s time is limited and sometimes specialized expertise in certain areas of the law is required WRITTEN LAW – FEDERAL CONSTITUTION ? The meaning of the term â €˜Constitution’ It is used in two senses: ?The body of legal and non-legal rules concerning the government of a state ? A single written document having special legal status, which establishes the state, and sets out the structure and powers of the state ? In Malaysia, there are 13 states and three federal territories ? There is one Federal Constitution and 13 States Constitutions ? The Federal Constitution is the supreme law of the land. – The FC sets out the structure of the country’s government and states that Malaysia applies the system of parliamentary democracy. It lays down : i) the power of the Federal and State Governments ii) fundamental rights of ndividual such as the rights to education, voting & freedom to practice one’s own religion, although Islam is the official religion of the country. iii) Citizenship iv) the judiciary v) Financial provisions vi) Public Services vii) Relationship between Federation and the States viii) etc. WRITTEN LA W – STATE CONSTITUTION ? Each state has its own constitution. ? This constitution regulates the government of that particular state. ? The powers of a state is provided in the ‘State List' of the Federal Constitution. Example of matter which falls under the State List is Islamic personal and family laws. WRITTEN LAW – LEGISLATION Also known as primary legislation ? Refers to law enacted by: ? Parliament – at federal level ? State Legislative Assemblies – at state level ? Article 74(1) –Parliament makes laws on matters listed in the Federal List or Concurrent List ? Article 74(2) – State Legislature makes laws on matters listed in the State List or Concurrent List. ? Article 75 – if state law inconsistent with federal law the federal law prevails. Types of Legislation ACTS Enacted by Parliaments ENACTMENTS Enacted by State Legislative Assemblies ORDINANCES Promulgated by the YDPA During Emergency & Laws enacted by Sarawak State L egislative Assembly Laws enacted by the Parliament btw 1st Apr 1946 – 10th Sept 1959 ? Also known as delegated/ subordinate legislation ? Law made through powers delegated by the legislature to a WRITTEN LAW – SUBSIDIARY LEGISLATION body or person via a parent statute ? Sec 3 of the Interpretation Act 1948 & 1967 defines SL as: ? ‘Any proclamation, rule, regulation, order, notification, bylaw or other instrument made under any Act, Ordinance or other lawful authority & having legislative effect. ’ ? Why SL is needed: i. The legislature has insufficient time ii.Better to leave the highly technical aspect of the legislation to the experts or administrators on the job iii. The legislature is not continuously in session & the procedures are cumbersome The Federal Constitution The general features of the Malaysian Federal Constitution: ? The Supremacy of the Federal Constitution. – In Ah Thian v Government of Malaysia (1976), Suffian LP pointed out that the doctrine of Parliamentary Supremacy does not apply in Malaysia. Here we have a written constitution. The power of Parliament and state legislatures in Malaysia is limited by the Constitution. The legislature, the executive and the judiciary and all institutions created by the Federal Constitution and deriving their powers from it are subject to the provisions of the Federal Constitution. – Article 4(1) of the FC declares that the FC is the supreme law of the federation and any law passed after the merdeka day that is inconsistent with FC is (to the extent of the inconsistency) void. – Art 162 – pre merdeka laws shall be applied with such modifications as may be necessary to make them accord with the FC – In Dewan Undangan Negeri Kelantan & Anor v. Noordin Bin Salleh & Anor.The Supreme Court declared that a law passed by the Kelantan State Legislative Assembly to be void as the said state law contravened the provisions of the Federal Constitution that guaranteed the freedom of association. ? Fundamental Liberties/ Basic Human Rights ? The Constitution highlights and safeguards certain fundamental human rights essential for the continuance of human race. ? The constitution protects our freedom an restrains any law or any other power from encroaching and taking away our basic rights. ? Examples: o Article 5 – No one shall be deprived of his life or personal iberty except through the provisions of law. A person may not be unlawfully detained, he must be informed of the ground of his arrest and must be produced before a Magistrate within 24 hours. o Article 6- prohibits slavery and forced labour. o Article 7- protects against retrospective criminal laws and repeated trials. o Article 8 –provides for equality before the law and equal protection of the law. o Article 9 – provides for freedom of movement o o o o Article 10 – freedom of speech, expression and association. Art 11 – Rights to profess & pr actice & propagate religion Art 12 – Rights of education Art 13 – Rights to propertyRestraints†¦ ? Art 5 – i) Govt. entitled to stop/prevent individual from leaving/visiting country for various reasons. E. g. political boycott, threat of war, pending criminal charges, etc . , ii) Internal Security Act – detention w/o trial : exempted from complying with Art 5 ? Art 6 – compulsory service for national purposes – work incidental to serving of imprisonment are not considered slavery/labor force ? Art 7 – the acquitted/convicted can be subjected to disciplinary action by a domestic tribunal for the same offence, OR being tried under difference statute Art 8 – Art 153 allows reservation of quotas for bumiputras – AG is given power to discriminate individual for public interest – Certain people – enjoy immunity. E. g. monarch, diplomat, special rapporteur for UN ? Art 9 – subject to banishment order m ade by Deputy Minister of Home Affairs under s 2(i) of Restricted Residence Enactment ? Art 10 – Freedom of speech: Defamation Act 1957, Sedition Act 1948, Official Secrecy Act, Printing Presses & Publications Act 1984 Freedom of Assembly : Permit is sin qua non. Has to satisfy the police the assembly is not prejudicial & excite disturbance of peace Art 11 – Propagation is subjected to clause 4 where the state & federal law may restrict, control the act of propagation of any religion among persons professing Islam Clause 5 – In exercising religious practices, The FC forbids any act which may lead to public disorder, affect public health or public morality. Case: (Halimatussaadiah v Public Service Commission, Malaysia, Anor [1992] ? Art 12 – subject to Art 152 : national language and Art 153 : bumiputra quotas. Case: Merdeka University v Govt of M’sia [1982] ? Art 13 – subject to acquisition by the govt. ut entitled to receive fair & reasonab le compensation. Case: K’jaan Negeri Johor & Anor v Adong bin Kuwau & Ors [1998] ? Amendment of the Federal Constitution ? All institutions created by the Federal Constitution and deriving their powers from it are subject to the provisions in Federal Constitution . ? The provisions that are written in the Federal Constitution can only be amended by certain methods provided for by the Federal Constitution itself. ? Article 159 provides for 4 methods by which the Federal Constitution can be amended: 1. Requiring Special Majorities 2. Requiring Consent of Conference of Ruler 3.Requiring Consent of Sabah & Sarawak 4. Not requiring Special Majorities DIVISIONS/CLASSIFICATIONS OF LAW ? Legal rules can be divided up in many different ways. ? Not all legal rules are of the same type ? They show differences in purpose, in origin and form, in the consequences when the rules are breached and in matters of procedure, remedies and enforcement. EXAMPLES OF DIVISION OF LEGAL RULES ? 1. stat ute v common/case law ? 2. criminal law v civil law ? 3. national law v international law ? 4. public law v private law Criminal law v civil law ? Criminal law means the law relating to crime. Civil law means the law not relating to crime. ? The difference relies in the nature of the proceedings and the sanctions that may follow DIFFERENCES BETWEEN A CRIME AND A CIVIL WRONG CRIME ? 1. A crime is a public CIVIL WRONG ? 1. A civil wrong is an wrong. It constitutes breaches and violations of public rights and duties due to the community as a whole. infringement of a private civil right which belongs to an individual. ? 2. A crime is prosecuted by ? 2. A civil wrong is filed by the public prosecutor on behalf of the government; criminal charges cannot be filed by an individual.An act is a crime if the sanction is enforced at the discretion of the state using a criminal procedure. the damaged or wronged individual. An act is a civil wrong if the sanction is enforced at the discretion of the party whose right has been violated, using a civil procedure. ? 3. If the outcome of the ? 3. Civil wrongs are usually procedure is punishment in the form of sentencing after a finding of guilt, then the act or wrong is a crime. Crimes are punishable by imprisonment, fines or capital punishment. resolved through awarding monetary damages to the wronged individual.If the outcome is a judgment for damages, compensation, restitution, declaration of rights, order of specific performance, a prerogative order, etc. , then the act or wrong is a civil wrong. ? 4. The punishment for ? 4. There is no set limit on crimes has already been set down in rule and punishment is generally decided by the type of crime that was committed, the seriousness of the offence and, in some instances, the history of the offender. the amount one found guilty of a civil wrong can be made to pay. PUBLIC LAW V PRIVATE LAW ? Public law is concerned with the distribution nd exercise of power by the state and the legal relations between the state and the individual. ? For example, the rules governing the powers and duties of local authorities, the regulation of building standards, the issuing of passports, the compulsory purchase of land to build motorway all fall within the ambit of public law. ? Private law is concerned with the legal relationships between individuals such as the liability of employers towards their employees for injuries sustained at work, consumer’s rights against shopkeepers and manufacturers over faulty goods or owners’ rights to prevent others walking across their land.

Diamond's Viewpoint Essay Example | Topics and Well Written Essays - 250 words

Diamond's Viewpoint - Essay Example The nervous system is made up of neurons, and they are tasked with the responsibility of transmitting information in the body. Communication is as a result of chemical and electronic means. The cellular structure of a neuron comprises axons and dendrites. Synapses are the connection between cells. Neurons produce neurotransmitters – a chemical that enables neurons to communicate with one another. Diamond illustrates that the trees of the mind are neurons, and as trees, they have branches that interconnect to send and obtain messages to and from the mind. Environmental incentive affects the brain growth of a child, and productive environment stimulates the brain positively (Diamond and Hopson 18). Brain enrichment is significant at a young age since the brain is still young and learning can be incorporated easily. The full potential of a child can be ensured through the learning that they experience at a young age. Children use the skills they learn: thinking and remembering, to help them through school. The brain, when stimulated well and positively, will give satisfying

Imperialism'Race and Development Essay Example | Topics and Well Written Essays - 1000 words

Imperialism'Race and Development - Essay Example In the trade, more than twelve millions slaves were sold to European traders. The slaves were sold by the powerful African local leaders as per the order (McNeill 1990, p. 90). According to McNeill (1990, p 90), the trade was initiated by physical contact between the African countries and the new world countries which included North and South America. The physical contact between the American countries and Africa countries was facilitated by the invention of ship which enhanced the Atlantic Ocean navigation. The navigation of the Atlantic Ocean by European to the Africa continent was the genesis of the trade. Before the invention of the trans- Atlantic slave trade, Africa practiced slavery within the continent. Therefore, slave trade was not a new thing in Africa. The popularity of slave trade in Africa before the coming of North and South American slave traders fueled the business. During the time of slave trade, African slaves were exchanged with clothes and ornaments. However, the trans- Atlantic trade was and is still the largest and holistic slave trade in the world According to McNeill (1990, p. 230), Orientalism has to do with the way the non- Western culture is taken by the Western scholars, writers, and politicians. It portrays how the non Western societies are biased by the Western society. Orientalism is the art work of the 19th century artists who specialized on oriental subjects. The 19th century art was based specifically on drawing on the journey made to the Western Asia and North Africa. The artists in this field were referred to as orientalists. Orientalism has its origin in the European enlightenment and colonization of the Arab countries. The orientalists’ drawings at that time were very biased to the non- Western countries. The drawings and writings on the drawing portrayed African and Asian societies as very native and backward. The Orientalism done on those days

The English Legal System Essay Example | Topics and Well Written Essays - 1000 words

The English Legal System - Essay Example The UK parliament is the sovereign authority of legislation i.e. is responsible for the creation of Acts of Parliament. Before enactment, an Act is referred to as a Bill, both Houses of Parliament have to consider Bills and finally receive the Royal Assent. The most importantly is delegated legislation that is considered as a source of law.The next source of law is case law, the effective creation and refinement of law during judicial decisions: The judiciary main function is interpreting the actual meaning of legislation providing it with further creativity. The final source of law is custom. The common law represents a crystallization of common customs, distilled by the judiciary in the course of its travels round the land. A second possible customary source of law its rules are derived form specific local customs. In the English legal system restraints on judges are that the Judicial decisions are subject to modification by legislation; And the final authority to dismiss a judge r esides in Parliament but this can only be done by the consent of both Houses. However jurisdiction of courts supervises the use of statutory and prerogative powers by government ministers. Moreover "The validity of actions and decisions for which there is no legal authority or source or which are taken in flagrant abuse of the requirements of procedural fairness (natural justice) may be challenged through an application for judicial review." Carroll, a. 2007. In addition There are rules that underpinning judicial independence: By convention ministers do not criticize judges or their decisions - although in recent times some see it can't be applied on parliamentary questions relating to controversial cases. According to the rules of the House of Commons it is forbidden to criticize a judge unless pursuant to a substantive motion for dismissal. It is permitted to propose adverse comment on judicial decisions providing this does not reflect on a judge's character or competence. For explaining the power of precedent Judicial precedent means that judges must follow the rule of law established in the previous decided cases of the court of equal status or higher, if they are of the same legal principle and facts. Judicial precedent is a system of law-making by judges rather than by parliament. The decisions made by the judges, called precedents, are used as models for future cases. This causes certainty due to the prediction of outcome of a case on which applied previous rules of a similar case however due to discretion of judges to make law and over rule precedents and conflicting rules may also produce uncertainty. The precedents of the Higher courts are binding on lower courts and the court structure is hierarchical and the House of Lords is the highest court. With R v R - rape within marriages - wife no longer a property of husband. A court higher up in the hierarchy in a different later case can set aside a legal ruling established in a previous case. Overruling refers to the ratio of a case and not its decision. It has to be emphasized the

International business in the globalization process Essay

International business in the globalization process - Essay Example This means that these global giants are ready to look after the societal aspects since they have understood how things work within their own respective areas. An example of such a global giant is Shell which has earmarked corporate social responsibility campaigns within the fields of education and empowerment to the small business owners all over the world (Daniels, Radebaugh, Sullivan, 2011). The less than responsible businesses could be given food for thought since these global giants are playing big within the corporate social responsibility realms and ask for encouragement within their own ranks. They could find new ways and means to go out there and bring about a significant difference within the lives of the people, just like the global giants that have invested heavily within the corporate social responsibility undertakings. In essence, the role played by the major businesses in this day and age is of tremendous influence and should be treated as such because this embodies the basis of a significant change in the times to follow. References Daniels, Radebaugh, Sullivan., 2011. International Business Environments and Operations, Prentice Hall.

Dollars and Dreams Essay Example | Topics and Well Written Essays - 1500 words

Dollars and Dreams - Essay Example There are still others that see it as a land of waste and consumerism where the abundance is so overflowing that there is not enough space to hold all that is produced and thrown away. The truth that it is a place of hardship where people work hard to barely survive is rarely the worldwide perception of the American Dream. The film Dollars and Dreams: West Africans in New York (2007) is a documentary that discusses the experience and phenomenon of immigration from West Africa to the United States. The documentary film makers explore the truth of life in New York for those who have migrated from West Africa into what they thought would be an easier and more successful life. Through a narrative that includes successful, surviving, and struggling immigrants from West Africa, the film creates an alternative perspective on the experience of living in New York and in the United States. The producers of the film were Jeremy Rocklin an Abdel Kader Ouedarogo with Jeremy Rocklin directing and it is distributed by Documentary Educational Resources. One of the first statements made in the film is by Chika Onyeani who is the Publisher and Editor in Chief of The African Sun Times is that there is a perception that in America money grows on trees. CEO of Cape Aloe Ferox Worldwide, Arthur Smith, states in the film that the dollar is almighty and that they think it is easy in America and Zain Abdullah of Temple University reveals that the first surprising thing that immigrants from West Africa experience is that there is poverty in America and that it is not as easy to find riches in the land of opportunity. The concept of opportunity becomes more real in the sense that while there may be opportunity, one has to search and find it (Rocklin & Ouedarogo, 2007). Zain Abdullah continues to discuss the culture of immigrants as they live a life of deception where they struggle by working two or three jobs, but then present their experiences to those back home as fulfilling the expect ations that they had when they left their home to travel to the new land. The deception is based on the perceptions that are promoted in West Africa that there is nothing but riches in the United States and to go to America and struggle would be perceived as a failure. Abdullah states that it is like going into a gold mine and coming out with nothing to show for the effort (Rocklin & Ouedarogo, 2007). Kaira-Murdock (2008) writes that the reason that Jeremy Rocklin an Abdel Kader Ouedarogo decided to create this documentary was to create a more realistic view of New York for West Africans before they made the decision to migrate from their homeland and seek their fortunes. The realities of New York and the rate of poverty, even among the working poor, is something that is not considered when making the decision to move. The film is visually unsettling as the garbage in the street and the unattended urban setting is contrasted to the affluent speakers who discuss the realities of movi ng to New York, even though the majority of the initial speakers have clearly found their own success in this country. The real problem with immigration from other nations is that the image of America is based upon Hollywood idealism that is shown in films. Racism based on blackness is rare in West Africa so the experience of being oppressed comes as a surprise for many of the people who move to New York. Kaira-Murdock (2

Carbon Market Essay Example | Topics and Well Written Essays - 750 words

Carbon Market - Essay Example The "EU Emissions Trading Scheme" turned into a failure, because the energy consumption went down and with it the demand to obtain permits. On the other hand industries attempted to increase their turnover selling the unused permits to other companies. What is more, the green energy projects have spotted producing the desires effect. The author is asking what would be an adequate price for the carbon emissions. NASA climate scientist observes that for him proposing the right cost will determinate if we as humans can cope with the irreversible climate changes that we have caused. The author comments that there are numerous ways to put a value on carbon. One of them is to calculate what will be the cost per tonne to diminish the emissions. Another approach is "the social cost of carbon". This method estimates the damage price to the atmosphere for a lifetime. The World Bank conducted experiments with this method as well as Dutch government and UK treasury. However, they all variable are taken into consideration the estimation tremendously vary from 35 GBP to 140 GBP per tonne. Another technique is the "shadow price of carbon". This one estimates factors like willingness to pay for the reduction of carbon emissions. All those approaches have their advantages and disadvantages. Unfortunately, all of them share a common shortcoming which the author calls "the paradox of environmental economics". In fact what is done is that people put price on the catastrophic and harmful carbon dioxide. They put price on killing the environment. This is the market solution failure to the environmental issue. Governments have to spend and invest more money on renewable energy and this should be done as an economic stimulus. For example the UK has spent more than 20% of its gross domestic product to enhance the financial sector and only 0,0083% on green projects. Price mechanism to control the carbon emissions is imperfect and unworkable solution. The author is asking the rhetorical questions, if we could find a doable one. He hasn't find it as yet, but he is open to suggestions and commentaries. In this article the author tries to show that "carbon trading" is the biggest trading commodity. Unfortunately, carbon trading does not offer a feasible solution with the problem of global warming. I agree with the author in that the governments should invest more in renewable resources, than collecting money from heavy industries which produce the damaging emissions. However, there is no proper solution for this environmental issue. Non-governmental and non-profit organizations have appealed for a long time that immediate actions must be taken for reducing the carbon dioxide into the atmosphere. Government should receive financial incentives to apply the green agenda. Trading emissions in fact made some companies acquire monetary benefits out of polluting the air less. What happens is that companies which have successfully met the emission target and have surplus of carbon units might want to sell those to companies that fall short. So instead of following the proper way of obtaining the permit and pay extra, companies swap carbon certificates with no additional price involved. An action welcomed by most of the countries was the commencement of Kyoto protocol. With this the world was divided into two - who countries that make the effort and change the existing infrastructure to pollute less

Special education collaboration, book reflection 2 Coursework

Special education collaboration, book reflection 2 - Coursework Example he particular help and support here is in the concept of how each member of the team can assist one another in achieving the departmental objectives, aims, and the set goals. In this paper am going to write a reflective essay on the events taking place in the story, but choosing a specific one, basing on what we have gotten taught in class. I have settled down to analyze and talk about the fact the author talks of Simon going to his office, in the BullsEye organization, on one of the weekends, Saturday. The main purpose of him walking into the office despite being a non-working day has shown us some levels of accountability towards competence in his job. The aspect of accountability gets further reflected when Simon realizes that John, his junior staff in the department he is heading, had also walked in earlier, to rectify on their wrongly done job. Accountability, as a factor of collaboration, has reflected on the fundamentals of collaboration that need to be kept in place in order o achieve the set group objectives and goals (Friend & Cook, 2010). The situation around this particular event that I have chosen came along as a result of one of the departments of the BullsEye organization, lead by Simon, failed to deliver as expected (Lundin & Nelson, 2010). The overall manager of the team had complained a lot concerning the poor performance of these particular departments despite the other units performing well above their targets set for them. The failure of this particular group to deliver as expected brought some reactions by the top management, and the next action to get taken was to change the head of this failed department. Simon could not believe this and had to spare his weekend time and walk into the office so that he could make some corrections on the faults made by his junior staffs. Upon reaching the room, Simon realized that John was also around to help him make corrections on some of the errors so that they could come up with some quality jobs

The US Congress Essay Example | Topics and Well Written Essays - 750 words

The US Congress - Essay Example Senator Spector's website contained the same constituency topics; including flags, touring DC, appointments to military academies and internships; and actually had one more than Lott - how to get grants. His home page though was a bit more crowded and the major topic buttons were not as easily recognizable as Lott's; to his benefit, though, he had an email signup form on the front page and his office locations and phone numbers. Unlike Lott's page though, Spector had no search bar. The information on Wicker's home page was sparse at best. His navigation buttons were difficult to read and small which could make it very difficult for an older person. Also his main topic buttons had no drop down menus and instead of grouping categories together he too many individual tabs. He had no search bar. Lastly, Lewis' webpage was set up nicely. His category buttons were easy to locate, although they did not have drop down menus. He did, however, have two search bars: one for general searches and a Bill search which was innovative. He did not have a state map as did the two senators. All four of the congressman had a great deal of partisan information within their websites, although some were more blatant than others. Lewis' home page was mainly taken up with information on Bills, projects or acts he was personally involved with. However, his latest news was dated January 18 which made me wonder what he had been doing for three months. Wicker's home page dedicated almost half of the home page to hurricane relief aid. The lower portion had current news release links to his sponsored bills as well as three columns he pens. Spector's latest news was dated April 6th so information is being updated fairly frequently and like the others his news all dealt with legislations or committees is was actively working on. He did have an article, however, about bipartisan cooperation in oil and gas price discussions. Lastly, Lott's press release section was less cluttered with only one release displayed and a button to see more. He also had a link to his weekly radio address w hich according to the website he has been doing a weekly address since 1973. Of the four web pages Lott had the least partisan information portrayed on the main page. All four Congressmen have lengthy biographies posted on their websites explaining in detail the professional lives as well as their background and family information. Wicker has an extensive photo gallery. Lewis has the shortest biography of the four congressmen. One thing I did not like is the first paragraph spoke about his personal insurance business; ever the salesman I suppose. His photo gallery was set up nicely with different headings to select from which made it very neatly organized. Lott's biography was nicely laid out with his main headings labeled. This allows the readers to scan through for the particular area they are seeking. Lott only had one photo, his official Senate photo. Spector's biography was also nicely laid out clear and concise with nice visual representations. Spector also had no photo gallery which made me question if it was a Senate mandated, a Senate unofficial mandate or just a coincidence. Of the total appearance of the websites, by far, the most appealing was that of Lott. He had much better use of space. The pages did not seem as cluttered as that of Wicker and Lewis. Spector's page was laid out well too,

International Operations Management Essay Example for Free

International Operations Management Essay Nowadays every company wants to gain a competitive edge in the market and for that it leaves no store unturned . When any new development takes place although it has a good side to it but there are equally a lot of challenges attached to it as well. If a company is thinking of moving from batch processing to line processing there would be considerable concerns which the following departments might raise and might have to juggle with. The finance department might face the issues of capital investment rising from moderate to high level because if an automobile production line is there then it would not use ordinary machinery instead would require specialized machinery for its production. In a batch processing system the capital investment is usually seen to be moderate and when decision of venturing into line processing is taken then capital investments expects to be high. Variable cost might tend to lessen from moderate level of previous working seen in batch processing. Human resource department would also have to face issues like curtailing the number of labor content and workforce . Usually in assembly line processing the workforce is replaced by machinery and supporting mechanisms embedded in the systems like for example adding a conveyer belt to connect the activities which take place in the firm. (Lewis Slack, 2003). Labor content in batch processing is moderate whereas in line processing its low. (McHugh MuHugh , 1990) . This can be a concern of the human resource department because it would take decisions like lay off, transfer etc. The accounting department has to be on the toes because the level of transactions would increase as the volume would increase i. e. from moderate level of quantity produced to high level production. The entries have to be made on a continuous basis as volume or the quantity has risen. The information system which would be used for line processing will have to more swift and embedded with specialized softwares or systems which support line processing nature of work. The connected flow of working will have to be monitored efficiently. The system of monitoring will have to be modified so as to facilitate the current functioning. The marketing department might think of the fact that in the batch processing products involved were several and in line processing the products involved are less hence less responsibility, but the quality of marketing expertise would be expected to increase drastically. ( Heizer Render , 1991 ) . A batch process usually executes different production runs for different runs but it’s not in the case of line processing. The flexibility is usually seen to be low in line processing and therefore as in batch processing where flexibility is seen to be moderate might create concerns for the marketing department. The marketing department now will have to devise such ideas which are out of the box and facilitate such larger processing function . The marketing department has to design such products which entice the masses as they would now not have multiple products which can save their flagging reputation. (Weiss Gershon, 1989) To culminate I would state that whenever any other process flow is adopted then there are certain specifications which are to be considered and the various departments which previously followed a specific line of action need to have the insight of how to adapt to the other one in which they are opting to venture.

Growth and expansion of Arcelik Home Appliances

Growth and expansion of Arcelik Home Appliances Introduction Arcelik Home Appliances is the leading manufacturer of home appliances in Turkey with a market share of 50% in the domestic market as at 2003 (Ghemawat, 2008). It supplies the market using two brands namely Arcelik and Beko. The company has adopted an international expansion strategy and has already been marketing its products to more than one hundred (100) countries mainly in Western Europe, Eastern Europe, Latin America, Asia, and North Africa (Ghemawat, 2008). Arcelik was originally founded to produce metallic office furniture in 1955 but diversified into production of household appliances shortly after. It has been hailed as the first company to introduce appliances such as washing machines and refrigerators to the Turkish households. Arcelik would face further challenges when it became apparent that the Turkish government would be participating in the European Communitys tariff reduction which was meant to reduce to zero from 1992 to 1996 (Ghemawat, 2008). The challenge would be competition from other manufactures from the European Community who would be able to sell their products at more competitive process in the domestic market. Arcelik overcame this challenge by investing heavily in research and development thereby substantially improving the quality of their products. The company is currently the leading holder of patents in the Turkish market. This strategy cemented its market leadership in the domestic market as consumers preferred to spend a little more to obtain goods whose durability could be assured. This preference was also enhanced by Turkeys fluctuating market where inflationary forces were highly unpredictable with the greater odds being to the consumers disadvantage. Arcelik would later grow to establish its market dominance in Turkey for decades but would later face challenges that would trigger its focus on international expansion to ensure its survival and growth. Arceliks motives for international expansion The focus on international expansion by Arcelik was triggered by the economic crisis that hit Turkey in 2001. This crisis had led to soaring levels of unemployment and a significant reduction of market demand by an estimated figure of 35% (Ghemawat, 2008). This strategy mainly comprised increasing exports as well as engaging in international acquisitions. The economic crisis in Turkey must have proved to Arcelik the vulnerability of firms wholly dependent on domestic markets. Pressures from business cycles, inflation, interest rates, exchange rates and political forces are prevalent in domestic markets. On the other hand, international markets tend to be better insulated from such pressures since they will rarely apply across several countries. Economic crisis in one market would normally not be prevalent in the rest of the markets hence multinationals can ensure stability by marketing their products across many countries. Arcelik had to get a way to survive the economic crisis in 20 01 and as well ensure that future company performance was stabilized by reducing its level of vulnerability to domestic market fluctuations. Arcelik also sought to focus on international expansion in order to increase its level of production and increase its economies of scale (Ghemawat, 2008). This means that with additional production, the cost of producing each unit product becomes significantly lower hence allowing a company to make higher margins per unit or allowing them to charge lower per unit without incurring any losses. Economies of scale allow a company to remain competitive in the ever-evolving economies. To ensure that the economies of scale do not end up in accumulation of dead stock, or in the escalation of warehousing and storage costs, Arcelik would need to look to markets that would be able to support its intention of increasing the economies of scale through a larger demand. The national demand within Turkey would not be able to absorb these additional products h ence the rationale behind Turkey looking to expand international trade. The level of demand for home appliances in Europe alone is about 25% of world demand (Ghemawat, 2008). Arcelic sought to tap into this huge demand to support its competitiveness and the large levels of production occasioned by their strategy of maximizing on the economies of scale. International expansion can also be explored where a company seeks to lower its production costs by having a significant proportion of their production done from regions where the cost is lower than in the domestic market. One of the major factors of production that normally influence the decision of overseas production is labour. When considering labour, it is imperative that a company weighs between the benefits of the savings from paying the lower labour cost, the differences in the productivity of the workers between the higher wage and lower wage areas, and the transport and storage cost implications. It is also worth noting that in many cases, where the labour costs are low, other factors of production such as land would also be relatively lower. The labour cost in Western Europe is estimated to be five times that in Turkey. Labor cost in Turkey is three times that in Eastern Europe (Ghemawat, 2008). In China, it is four times lower than in Turkey. Labor productivity also varies and must be taken into account. For instance, in China, labour productivity is just half of that in Turkey. Additional transportation costs are determined by both the distance between the production facilities and the legal environments of the countries through which the products must cross to get to its intended markets. Access to international markets is crucial to any organization that seeks to expand itself. Domestic markets will often in many cases be found insufficient to support the growth targets that the companies set for themselves. They are also in many cases unable to enable an organization to recoup the investments the y may make in research and development in time. The complexity and the level of innovations in the global market is advanced and often leads to production of new and better fulfilling products. This significantly reduces the product life cycles and the companies engaging in research and development need to gain assurance that their investments can be recouped before the products lose demand. This assurance can only be found by marketing extensively in the international markets where the demand is much larger and can ably support the level of sales needed. Arcelik was motivated to focus on international markets since it had opted to distinguish itself as a research and development specialist who focused on the production of quality and durable products. These features would mean that it would need to charge relatively higher prices for the products. On the other side, the products from other European countries were finding their way into Turkey due to the zero tariff arrangement with the European countries. The entry of other products in Turkey meant that Arcelik would either have to lower their prices in order to maintain its domestic share market, or expand its operations to European and other markets in order to maintain or increase its level of sales to clients that focus more on quality, suitability and durability of the products they purchase. Arceliks options for expansion In order to realize its goal of expansion into the international markets, Arcelik has adopted a number of options to help them realize this goal. The international market entry options adopted by Arcelik include use of exports, international acquisitions, use of private label contracting, and product diversification. Organic domestic growth and use of exports Arcelik ensured growth domestically by ensuring reliable accessibility to the market using exclusive distributors and agencies who also served as centres for offering after sales services. This exclusive network also served as an entry barrier for any new market operators. Exporting entails maintaining the companys operations in the home market and selling the products in overseas markets (Giroud, Sinkovics, and Yamin, 2011). It is hailed as the least costly mode of foreign market entry but at the same time the most vulnerable to various entry barriers as government regulations. The cost effectiveness of this entry method is enhanced by the fact that it requires no involvement with the foreign governments or the companies operating in the target market. It is often seen as the best mode of entry for an organization operating on a lower scale. With subsequent growth of exports, the company may open sales agencies in the foreign markets to be the link with the companys clients overseas. By 2003, Arcelik had grown to be the leading player in Estonia and Lithuania with a market share of 25% in these two markets. It also had a commanding presence in the rest of Eastern Europe. The presence of Arceliks sales agencies helped grow significantly in Western Euro pe with a markets share of 15% in the United Kingdom. Arcelik also conducted a successful export strategy gaining a 70% market share in Romania with its Beko brand. The net effect of these exporting strategies was a significant increase in Arcetiks production capacity from 440,000 to 750,000 in 2003 and 2004 respectively (Ghemawat, 2008). International acquisitions This mode involves a company buying out another firm operating in the target market hence assuming full legal rights over it. This method is hailed as the best mode of expansion into other markets since it grants a company total control over the foreign subsidiary as well as full profits generated thereafter (Giroud, Sinkovics, and Yamin, 2011). The full control over the activities of a subsidiary is viewed as essential in ensuring they run in accordance with the philosophies of the parent company hence ensure the goals of the company are achieved as intended. The targets for acquisition would need to have the unquestionable ability to complement Arceliks growth strategies. Arcelik would also evaluate the foreign firms brands and take consideration on how these brands would help strengthen them as well as complement their capabilities. The target subsidiarys contribution to sustainable growth was also a key factor. Arceliks acquisitions in 2002 include Bloomberg, Electra, and Flavel and Leisure in Germany, Austria and the UK for the two latter brands (Ghemawat, 2008). They also acquired Arctic in Romania. The acquisitions of brands in the target markets was likely informed by the fact that many consumers tend to prefer purchasing brands that they can identify with: the brands they consider national brands. These acquisitions tremendously increased the product range offered by Arcelik and lead to its significant growth within the European markets. Use of license contracting Licensing involves the company transferring certain rights to another firm to enable it manufacture products using its brand. In licensing, the consideration that the licensor gets is only the royalty or the license fee (Giroud, Sinkovics, and Yamin, 2011). It does not take part in profit sharing or any other marketing processes of the licensee. Licensing offers the advantage of enabling a firm to avoid government regulations and other restrictive policies such as tariffs and quotas. It also enables market penetration without involving extensive capital expenditures. However, this method is highly restrictive in the level of control the company can have over the activities of the licensee. There is also the risk of the licensee gaining the technical expertise and becoming a competitor in the production of close substitutes after the expiry of the mutual arrangement. Arceliks production in 2004 comprised 40% from various licensing arrangements (Ghemawat, 2008). This complimentary effo rt helped ensure Arceliks brand presence in the Europeans markets. Diversification into other businesses within Turkey In order to enhance further growth in the domestic market, Arcelik sought to capitalize on its elaborate distribution network to provide consumers with additional products. By 2004, Arcelik was offered various types cellular phones and was already getting into arrangement with various Japanese firms to act as distributors of various electronic products. The diversification proved to be a great success and further cemented Arceliks leadership in the Turkish market. Additional Options for Expansion Arceliks ambitious goal of achieving revenues of three billion Euros in the next year may be difficult to realize unless additional methods were employed to ensure its continued growth in the international markets. Domestically, Arcelik could opt to but out local competitors in a bid to solidify its hold on the local market. This solidification would help reduce the downward pressure on its product prices by reducing the significance of competition locally. In addition, the additional channels of distribution gained through any such acquisition would act as an entry barrier to any foreign firms hence ensuring steady domestic growth. Internationally, Arcelik could embrace a number of methods to ensure its continued growth. These methods include engaging in Joint ventures, franchising and use of strategic alliances. Joint Ventures Joint ventures involve the formation of a partnership arrangement with a different company where the parent companies provide the resources to operate it, share responsibility on management, and share profits realized thereafter (Giroud, Sinkovics, and Yamin, 2011). This type of venture is especially popular where it comes to sharing the intelligence and technical knowhow required for research and development. With their determination to distinguish themselves as the masters of innovation and product development, this method can be used to ensure its rapid growth. Instead of engaging in competition with the already existing companies in the foreign market, Arcelik could identify a strategic partner who knows the market remarkably well. They could then research into the market needs in a bid to try and unveil any unsatisfied demands in the market. Having found the features lacking in the products found in the market, they could, through the joint venture develop new products that woul d suit this need and capture the unreached market. This method would be convenient to Arcelik since it would not involve many unnecessary government regulations that normally bar entry. In addition, such a venture, if well implemented would easily capture the market as it would be riding on the goodwill and distribution network of the strategic partner in the foreign market. Franchising Arcelik needs to consider franchising in order to minimize the risks involved with the licensing as it currently practices. Here, Arcelik would transfer some rights to the franchisee to produce the products under its brand but will reserve the right to provide some aspects of technical support (Giroud, Sinkovics, and Yamin, 2011). This way, Arcelik will be able to be abreast with the activities of the franchisee. In addition, in Franchising, the royalty is based on the amount of sales hence Arcelik will be able to generate higher revenues in the event the franchisor is able to realize significantly higher sales. Franchising is easy to start since the franchisor incurs minimal capital cost hence Arcelik can expand into more foreign markets with relative ease. Moreover, the franchisee assumes all the risks and foots for all costs of labour and facility establishment. The company will also be able to avoid any political risks associated with foreigners operating in national markets. Arc elik can therefore easily expand its scale of production without worrying about high capital expenditure hence edging closer to achieving the revenue targets Strategic alliances A strategic alliance differs from joint ventures in that it does not necessarily involve formation of a legal entity. Strategic alliances are formed to enable companies use each others distribution networks, technologies, production capacities, management experience and others (Giroud, Sinkovics, and Yamin, 2011). One very essential factor in ensuring product penetration in the market is the distribution network. This has been evident in the manner in which Arcelik has been able to capture the domestic market by using effective distribution networks in Turkey. Arcelik should also try to replicate this experience in the foreign markets. However, by virtue of the fact that its a foreign market, they may not have the resources to establish an effective distribution network in those markets. It would therefore be relatively more convenient to identify foreign companies with a distribution network that serves their target customers effectively, and then enter into a strategic alliance wit h them. This may be companies offering similar products or those making completely different products. When the products are easily available to the consumers, they more likely to buy these products and this would lead to an increase in the amount of sales realized by Arcelik. The strategic alliance could also involve sharing of certain technologies between the companies in question. Arcelik could choose to leave the production of a certain product components to a company with a comparative advantage in its production in exchange for providing a component which it can produce more efficiently. This exchange could lead to lowering the production cost which would be useful in helping the company become more price-competitive in the market. Conclusion Arceliks growth is mainly dependent on how the company can enter and prosper in the international markets. This is because it is already commanding the domestic market in Turkey and may have limited growth opportunities locally. Growth and diversification are often related as is evident from Arceliks company history. Arcelik has grown in the past by steadily improving on the product range that it offers to the market and this diversification should be continued to ensure continued growth.

Essay --

In the United States there has been a big increase in obesity in the last 50 years. There has been much controversy on who is to blame for the increase of obesity people or fast food restaurants. Many think that it is the fast food companies fault but they are mistaking the only person to blame is people themselves not McDonalds, Burger King, KFC, etc. People take advantage of the privilege of fast food to the point that they can’t take responsibility for their own actions so they have to blame everyone else but themselves. If people would control themselves, stop being lazy, and have more responsible parents there would be much less obesity. People need to start taking responsibility for their own actions and stop blaming fast food for their obesity. People have free will; no one is forcing them to eat a big greasy burger from the fast foods restaurant with large fries and a large soda. People choose to eat that no one puts a gun to their head and forces them to make a purchase of an unhealthy meal. They buy it at their own risk knowing what can come from eating fast food all the...

Working as a Housekeeper Essay -- essays research papers

Today's workers and families are overworked and stressed. After working through a 9-to-5 job, feeding and putting the children to bed, the last thing anyone wants to worry about is cleaning the house. Weekends are spent running errands and spending quality time with friends and family members. Therefore, many families are looking for outside assistance with housekeeping. In the past, housekeepers were thought of as the "hired help" and were thus treated like 18th century scullery maids. This is no longer the case. Housekeepers have reached a well-deserved level of respectability for their highly appreciated services. Starting a house cleaning business is an easy job for most people because there is very little start up cost involved. To help you get started, here is a step-by-step set of instructions to send you on your way to engaging in this highly profitable business. The first thing that you need to do before seeking out your clientele is to develop a business plan and policy. For starters, you need a name. Choose a name that denotes an air of sophistication. You don't want a name like, Tim's Cleaning Service or A-1 Cleaners. Those names are much too common and do not reflect any sort of professionalism. Try something original such as, Homestead Helpers. Such a name stands out from the many "fly-by-night" and unreliable services. Once you've chosen a name for your business, the next important step to take is to insure your business. As a house cleaner you are a sole-proprietor. This entitles you to the status of an independent contractor. This means that your profession is no different than that of a plumber, electrician, or a freelance writer. Insurance is a must have. For one thing, it eases the minds of your future clientele. Put yourself in their shoes; would you want an uninsured person coming into your home, handling your personal articles, and perhaps doing so while unattended in your home? Probably not. Having insurance will put you on top of the list for jobs, as most house cleaners do not carry insurance. The insurance will also give you piece of mind. You will not have to worry about your personal assets being seized in a lawsuit because someone accused you of stealing a family heirloom. Unfortunately, as with many service professions, dishonest people have tarnished the respectability of independent contractors, so you'l... ...ou money on graphics and design. A business card display ad catches people’s attention far quicker than a worded classified ad. Given the independent contractor status, and depending on the tax laws of your state, you are eligible for various tax deductions. For example if you own your own home, you can set up a small office space and take deductions for the square footage of the space, utilities, a computer, office supplies, phone calls, and cleaning supplies that you might purchase. Also, advertising and insurance costs are tax deductible. Many of the same deductions can be used for people who rent their home or apartment. Check with your local state's laws of taxation to see which deductions you can use. House cleaning is a highly profitable profession, with some house cleaners making $15-17 an hour, so be sure to report all of your income to the IRS. As an independent contractor, you can open an IRA account and start saving toward your retirement. In conclusion, I feel housekeeping is a respectable profession. The payment can be benevolent, and you can pick up habits for your own home, to keep a respectable looking residence. Also, no special talents or education is required. Working as a Housekeeper Essay -- essays research papers Today's workers and families are overworked and stressed. After working through a 9-to-5 job, feeding and putting the children to bed, the last thing anyone wants to worry about is cleaning the house. Weekends are spent running errands and spending quality time with friends and family members. Therefore, many families are looking for outside assistance with housekeeping. In the past, housekeepers were thought of as the "hired help" and were thus treated like 18th century scullery maids. This is no longer the case. Housekeepers have reached a well-deserved level of respectability for their highly appreciated services. Starting a house cleaning business is an easy job for most people because there is very little start up cost involved. To help you get started, here is a step-by-step set of instructions to send you on your way to engaging in this highly profitable business. The first thing that you need to do before seeking out your clientele is to develop a business plan and policy. For starters, you need a name. Choose a name that denotes an air of sophistication. You don't want a name like, Tim's Cleaning Service or A-1 Cleaners. Those names are much too common and do not reflect any sort of professionalism. Try something original such as, Homestead Helpers. Such a name stands out from the many "fly-by-night" and unreliable services. Once you've chosen a name for your business, the next important step to take is to insure your business. As a house cleaner you are a sole-proprietor. This entitles you to the status of an independent contractor. This means that your profession is no different than that of a plumber, electrician, or a freelance writer. Insurance is a must have. For one thing, it eases the minds of your future clientele. Put yourself in their shoes; would you want an uninsured person coming into your home, handling your personal articles, and perhaps doing so while unattended in your home? Probably not. Having insurance will put you on top of the list for jobs, as most house cleaners do not carry insurance. The insurance will also give you piece of mind. You will not have to worry about your personal assets being seized in a lawsuit because someone accused you of stealing a family heirloom. Unfortunately, as with many service professions, dishonest people have tarnished the respectability of independent contractors, so you'l... ...ou money on graphics and design. A business card display ad catches people’s attention far quicker than a worded classified ad. Given the independent contractor status, and depending on the tax laws of your state, you are eligible for various tax deductions. For example if you own your own home, you can set up a small office space and take deductions for the square footage of the space, utilities, a computer, office supplies, phone calls, and cleaning supplies that you might purchase. Also, advertising and insurance costs are tax deductible. Many of the same deductions can be used for people who rent their home or apartment. Check with your local state's laws of taxation to see which deductions you can use. House cleaning is a highly profitable profession, with some house cleaners making $15-17 an hour, so be sure to report all of your income to the IRS. As an independent contractor, you can open an IRA account and start saving toward your retirement. In conclusion, I feel housekeeping is a respectable profession. The payment can be benevolent, and you can pick up habits for your own home, to keep a respectable looking residence. Also, no special talents or education is required.

Sex & Violence in the Media Essay -- Essays Papers

Sex & Violence in the Media On February 1, 2004, millions of Americans sat down around their television sets with their family and friends to watch the biggest sports event of the year: Super Bowl XXXVIII. Inside the Reliant Stadium of Houston, Texas, the New England Patriots beat the Carolina Panthers 32-29 in one of the closest games in recent history; but this year it wasn’t the football game or even the commercials that had people talking. It was an incident that occurred during the halftime show that involved pop singers Janet Jackson and Justin Timberlake that ended in millions of Americans having the privilege to see the left breast of Janet Jackson for a few moments. This single issue may not have been a huge ordeal in itself, but it brought to surface some very pertinent questions about how far was too far in the media, what the government should do to control it, and what effects sex and violence in the media were having on American culture. The events that took place during the halftime show of the Super Bowl may have shocked and angered many parents for exposing such sexual behavior and nudity to their children, but there were also a great number of people who questioned why people were so upset over a few seconds of screen time that Janet Jackson’s left breast received. After all, it was simply part of the female anatomy. Many people argued that it wasn’t just nudity, that it was â€Å"softcore† pornography because of the sexual conduct that was behind the performance. It is understandable that Jackson and Timberlake’s routine was full of sexual innuendo, but the majority of young children usually don’t pick up on such behavior and thus a simple â€Å"wardrobe malfunction.† Whether the performance during the halftime ... ...ildren, teenagers, and adults in many different ways. While some people were outraged by the Super Bowl incident and others believed it was merely an accident that could have been prevented, the event put to the test some fundamental questions concerning how much power the media should have. Because the FCC is on a rampage right now trying to put an end to these problems, many networks are implementing new features such as the ten second delay, and others are trying to promote the use of V-chips (prevent children from viewing objectionable material) and reminding Americans of the rating system that is on the television. But the fact is, television is free to the public, and the public is watching. As sex and violence increasingly fill our television sets, our minds become more adjusted to such behaviors and we forget to grasp reality and focus on the important things.

Corporate strategy: steakhouse case Essay

Generally the efficiency of the production is neglected but as Outback embarks on a differentiation and niche strategy that doesn’t affect its competitiveness. All other building blocks of competitive advantages are addressed, its products are of excellent quality, its products as well as the management system and the organisational structure are innovative and its customer responsiveness is outstanding. Opportunities and Threats The strategic position of Outback is mainly determined through companies that are in the same strategic group: moderate price and high quality dinners. The opportunities and threats are mainly the same for that strategic group, the entry into another group might be desirable and would result in a diversification strategy. Industry Structure According to Porter’s Five Forces Model, the restaurant industry is highly competitive. The rivalry among established companies is very high as Outback operates on the one hand in the highly fragmented restaurant industry and on the other hand has to compete directly with a few big chains. The demand conditions depend to a high degree on the general economic situation, but the US market in general can only accommodate a limited number of restaurants. The exit barriers are very low. The risk of entry of potential competitors is high as the barriers of entry are very low. The bargaining power of buyers is moderate, all customers account for only a marginal part of the revenues but as the demand is very elastic they tend to switch to the competitors if they are not fully content. The bargaining power of suppliers is moderate to high, the company doesn’t depend on one single supplier, but on high quality. The threat through substitute products is quite high, steaks could be replaced through poultry or completely different meals. Macroenvironment The macroeconomic environment influences the restaurant industry to a high degree as a decline or growth of the economy influences directly the demand for restaurant food. Further, the US market will be saturated with around 550-600 Outback restaurants, this offers the opportunity of further growth in the next few years but simultaneously imposes the threat of saturation of the national market and induces the need for an international option. In the social environment, the greater health consciousness leads to a lower consumption of red meat. Normally this would be a threat, but as it can be assumed that people just switch to going out to eat red meat this could be an opportunity for even greater extension of the business. Furthermore Outback could include healthier options into its menu and diversify into other segments of the restaurant industry. A good opportunity is the expansion into the international market to overcome US-market saturation. A  problem could be the lack of international experience. Question 2 – Are Outback’s various strategy components sustainable in the domestic market ? Can they be imitated ? Are they transferable to the international markets ? Why ? Why not ? 1 – Strategy components sustainable in the domestic market The basic strategy of Outback, a famous US steakhouse chain, was a success, because the concept was simple: provide a high quality service for an affordable price. The average price is between 15 and 20 $, so, we can deduce that the target of the chain is middle and upper middle classes. However, most of restaurants share this idea, particularly for this highly competitive domestic market. Outback found enough distinctive competencies to reach its actual level. Outback has different key strategies, which explain the success of the company. The experience accumulated by the three creators permits to develop an entrepreneurial spirit and to increase the acknowledge on the steackhouse chain market. These abilities have given to the top managers the capacity to create relevant strategies. – Positioning of the company Outback is a steakhouse’s chain, which decided first to respond at the demand of middle and upper classes basic American consumers. So, they have to afford good report price-quality, which depends first of all of the quality of the meal and the services provided by the personal. Meals are simple but correspond completely to the wishes of the American consumers. The quality of Outback is insured because of the fact they are only open during the night and not twice pro day, which corresponds to the expected target by Outback and the needs of the last one. – Organisation structure In five years, the network of franchises growth by 400 %. This fact pushed the company to develop a strong logistic network and also privilege the relationship with a few suppliers, which became real partners of the company. This gave us the opportunity to gain a high quality product and trustworthiness can be established. For the suppliers, the advantages are valuables because they know that they will continue their products if they still provide the same level of quality expected. For Outback, it gives the opportunity to obtain low prices and security of the food. The high number of restaurants asked for a relevant logistic structure in order to provide the best product on time for all franchises. In order to gain economies of scale, Outback allowed a franchise system. This gives the opportunity to reduce costs and to be implemented in various areas without high investment departures. Following the growth of the company, Outback changed the organisational structure to be more efficient and have more control on the brand image. They are developing better relationship between the headquarter and the partners. These latter have now stock options. This salary plan gives them motivation and accuracy in their job, because it guarantees a real engagement from the employees. – Human resource’s strategy A real consideration of the human resource is done by Outback. The corporate estimate that better working conditions and working schedule give more motivation to the employees. They feel comfortable within the company and are readier to answer at the injection of the headquarter. – Location strategy After study of the location and demographics particularities of a county, it seems that all the restaurant are established in specific distribution area. They set up the restaurant near dynamic neighbourhood and easy to go, which remains middle class population. – Communication policy At the beginning, Outback privileged local target population. Then, they extend their communication network by sponsoring specific events, as sport or charity events. A lot of support as television, billboard and radio are used because it is the best way to touch an important number of potential consumers. 2- Can they be imitated ? On the domestic market, Outback has many steakhouse chain competitors. Each brand is trying to find a niche. But some strategies can be easily imitated such as the geographic implementation and the target. The thematic of the restaurant was existing before the creation of Outback and the system of franchise is not adopt only by the restaurant chains. But Outback is able to put some entries barriers. The experience of the top manager is very helpful and contribute to create a trustworthiness from the employees. The synergy between the suppliers and the franchises gives at Outback more confidence on the future and more competitive. 3 – Are they transferable to the international markets ? Why ? Why not ? The concept of steakhouse chain, as Outback, seems to be adaptable in foreign countries. The company has two choices. First of all, it can keep its concept of American steakhouse chain within foreigner culture. Or it can also adapt to the country culture and has the ability to modify its concept and integrate it completely in the country chosen. Outback has the opportunity to internationalise its strategy, but the company has to take care about the way to do it. -The food habits is a first problem because a lot of Muslim countries cannot consume beef. Outback has to do a geographic selection -According to the policy of a country, the American restaurant can or cannot be set up as in Irak or North Korea. The American corporate culture can be a barrier of establishment too. – Outback has to think about the suppliers network. Some solutions appear as food exportation or licensing. But these strategies have a mean disadvantage: the local population may expect to eat local product -Outback has to change the organisational structure in order to integrate an international division. The structure can add a foreign operations department to their existing structure and contribute to use the same control system. 3.- The countries, which Outback should enter, are in hierarchic descending order as follows: 1.- SOUTH KOREA Advantages:1)Good economic development.2)Politically stable.3)Easy to import American style to South Korean.4)Infrastructures improvements. Disadvantages: Obstacles for US firms (regulation for labeling, sanitary standards) Modifications needed: Need to be financially sound company, because South Korea is an emergent market with big opportunities of growing and so that big investments will be needed. The firm will have to adapt to the sanitary standards, they will have to cope with occasional problems related with quarantine of some products. 2.- UK Advantages: 1) Common language, business practices facilitates US entry 2) No restriction on foreign ownership and movement capital, labor flexibility. Free enterprise and open competition in UK. 3) UK find US goods and services very attractive.4) Abolition of internal trade barriers (UK as a gateway to the rest of EU).5) Very good communication network Disadvantages: As UK is a gateway to the rest of European countries is of vital importance the role-play in UK, depending whether is successful or not the European adventure will be better or worst. Modifications needed: Very low rate of modifications are needed to enter in the UK market, as we have said previously US and UK have common language and have very close culture. 3.- CANADA Advantages:1)Business practices similar to US and US goods are well received in Canada. 2) Very good economic development.3) Very good communication network and very close to North America, which will reduce communications and transportation costs. Disadvantages: The linguistic and cultural problems that are taking place in Canada make a tense situation. Modifications needed: As a result of the disadvantages related before it would be necessary to have employees with knowledge of French and/or English. 4.- MEXICO Advantages: 1) They have improved infrastructures 2) Despite the economics problems there are opportunities for North American firms but they will provide low cost products, because of the low buying power of Mexican people. 3) Duty free to exports.4) It is geographically very close to North America, so that transportation as communications are easier. Disadvantages: 1) Political reforms, which make of Mexico not a very stable country.2) No good economic development. Modifications needed:1)As we have written is necessary to change the prices in order to adapt to the low buying power of the Mexican people.2)Related with the previous point it would be interesting to create a pool in order to  avoid the possible devaluations in the national currency. Germany and Japan are more difficult markets to enter into by the company. See appendix for advantages, disadvantages and changes needed. 4.- As result of the previous SWOT analysis we can observe that Outback has the opportunity, the intention and the necessity to expand the company into the international market. OPPORTUNITIES Incomes have risen globally, so that there is more money to expend on, when primary needs are fed another kind of needs appear. Outback has to take advantage of this and enter into new markets. Related with that the increasing number of women entering the work force which means that if traditionally women have to cook, nowadays they don’t have too much time for it, and so that restaurants with good quality food and family oriented are highly valued by working women. In other side demographic concentrations of people in urban areas, which make necessary to have different offers of restaurants. A good opportunity is the willingness of younger generation to try new products, we have as an example the Japanese young people. Although in Japan still remain some conservative customers, new generations are willing to try new kind of products coming for another countries. Also is very important to point out the improved international transportation, this is very important because can reduce the costs of export restaurant’s assets into another international country, as we have already said. Although there are very similar firms operating at the moment in the market, US food themes are very popular abroad. In order to reduce market saturation Outback has used joint ventures with an Italian chain (Canabba’s Italian Grills) INTENTION We see the will to expand when for example, in 1994 the firm didn’t pay dividends despite the good profit, the reason was to invest the money to be able to expand to international markets. NECESSITY The saturation of the US fast-food chains make that Outback looks for new countries where it can operate and grow there are very similar firms operating at the moment but US food themes are very popular abroad. Although in order to reduce this market saturation Outback has used joint ventures with an Italian chain (Canabba’s Italian Grills)