Company law case study analysis Example | Topics and Well Written Essays - 2000 words

Company law analysis - Case Study Example ny is a commercial organization that joins the pass-through taxation of a sole proprietorship or partnership with the limited liability of an organization. However, it is not a corporation, rather, a legal type of a business that offers its owners limited liability at various jurisdictions. Advantages of forming a limited liability company (LLC) include; it involves protection of the company’s assets. It will offer a restricted liability security to them, as the owners, for they are not individually responsible for the company’s liabilities or debts. Therefore, creditors will not chase their personal assets, such as the building, savings accounts, among others, in attempts for them to pay the business debts. In addition, forming an LLC will offer a pass-through taxation, in that; they will not have to pay any taxes at the business level. Any company loss or income will be "passed-through" to them, as the company owners and recounted on their individual income tax returns. Any due tax will, therefore, be paid at the individual level (Martin, 2011, p.28). Another advantage is that there is heightened credibility, whereby, this form of accompany night assist their new company create reliability with its prospective vendors, partners, and customers, since the y will the owners have made an official obligation towards the business (Hollowell, Miller, Clarkson &Cross, 2012, p.58). In addition, if needs limited compliance requests in that, the company will face lesser state-enacted yearly requirements than other forms of corporations. It also has a flexible management structure, such that, they will be free to form any business structure that they will agree on. Therefore, the owners can choose to manage the company or have managers to do so for them, unlike in major corporations that have board of directors and managing officers manage them. Lastly, this kind of a company has less restriction, in that, it they will not be limited on whom an owner can be or the

The issues that face the well-known clothes brands to open new stors Research Proposal

The issues that face the well-known clothes brands to open new stors in Perth City In Western Australia - Research Proposal Example As such, it will outline some of the factors that they should put into consideration, as well as the strategies that they must employ in order to capture the market and have a controlling share of the sales volume (Aage and Belussi 2008, p.45). The key objective of this research proposal is to determine the issues that face well-known clothes brands when they want to open new clothes stores in Perth City located in Western Australia. In identifying these issues, the research proposal will provide prospective investors with an avid avenue to invest in the city. Some of the key areas of research to cover include (Ambrose, Cohen and Tannenbaum 2003, p.17). This research comes at the backdrop of an increase in the entrants of new players in the fashion industry within Perth city. The city is located in Western Australia and lies within one of the largest metropolis in Australia (Mathur 2001, p.133). As such, the high population of people living in this city creates a viable opportunity for the market players to take advantage of and maximize their sales volume, thereby increasing their profits. It is among the most isolated cities in the world, with a calm and presentable habitat hosting over one and half a million residents. The city also lies along the coastal line and has beautiful beaches that define the lifestyle of the city adequately as a safe, quiet and laid-back city (Balmer 2008, p.182). As such, fashion investors need to consider these lifestyle practices and trends of city dwellers in order to determine the best fashions to market within the city. It is always advisable for the suppliers to provide customers with what they demand, rather than what they feel the customers might want to use(McCracken 1986, p.71). For instance, because of the long sprawling beaches and hot afternoons, the fashion industries can invest

English Essay †Speeches Essay Example for Free

English Essay – Speeches Essay Question: there are as many different ways of interpreting and valuing texts, as there are readers. Of the countless speeches recorded throughout time a select few have transcended their original contexts and political battles to retain relevance today. We have viewed their progress over time as their outspoken ideas and reception withstanding relevance within our changing society regardless of altering values. Aung San Suu Kyi, Emma Goldman and Dr. Martin Luther King’s empowering speeches have spanned across decades, united in their aim to draw attention to a lack of freedom, justice and democratic rights and are unique in urging others to support their fight for disadvantaged social groups. In Aung San Suu Kyi’s â€Å"Keynote address at the Beijing World Conference on Women† in China 1995, she speaks with deep conviction regarding the lack of freedom that women suffer. So too does Emma Goldman when in 1917 she delivered â€Å"The political criminal of today must needs be the saint of the new age† to a jury consisting entirely of men. The discrimination that these two women discuss exemplifies women across the world, continuously being persecuted for their gender. Suu Kyi did not make use of rhetoric in her speech but instead chose to develop a sense of intimacy and appealed to her audience’s intellect through a close up video recording. Her tone and stoical approach invites her listeners to adopt new perspectives and to include women in the political process as â€Å"no war was ever started by women†. Her campaign continues with an age-old proverb of her culture that â€Å"the dawn rises only when the rooster crows† metaphorically depicting how women are subserviently treated today by the â€Å"rooster†. The proverb needs to change as it is because the dawn appears that the rooster crows. Goldman too addresses the issue of discrimination by analysing the way women are treated by power wielding men, more specifically in the legal and political system. During her defence against claims of conspiracy she defends her anarchist position and utilises sarcasm and truncated sentences to ridicule the jury when she repeatedly declares that she is facing â€Å"Gentlemen of the jury† and  only gentlemen. The anaphora illustrates her contempt that there are no females present in the jury, that these men are supposed to be honest gentlemen, an oxymoron in her eyes, and so should treat her the same way they would treat others in the same position. A personal interpretation examines men’s hold on power in society but times have changed and society must reject traditions that no longer reflect the truth. Suu Kyi’s speech comes at a time when China is stepping out of the shadows and recognising women as their own entities when it once saw them as 2nd class. Its reception today would not have altered since she spoke but there are more people supporting her cause and helping to fight for the freedom of women. There is global understanding that throughout history we are met with the same boundaries and are eternally urged to fight for equality and justice. These boundaries were met when Dr Martin Luther King challenged the widespread attitudes of society by calling on his fellow American’s by offering â€Å"a new leaf† and justice to all, no matter what race or colour. Culture in the southern states was heavily segregated in 1963 and racial division was enshrined in southern custom and law. King delivered his speech when it was needed most, however Emma Goldman delivered â€Å"The political criminal of today†¦Ã¢â‚¬  ahead of her time as the mere idea of freedom of speech was considered scandalous. With two separate causes represented by great speakers; Negro’s and free speech, both composers attempted to win their audiences support for their cause. King delivered â€Å"I have a dream† to a crowd of 250,000 followers and millions watching on television and used rhetoric gained from his preaching days coupled with the use of many anaphora’s to effectively to inflict fear upon his audience. His appeal to their emotions instilled that â€Å"it would be fatal†¦to overlook†¦the movement† and unless something is done about racial injustice, life is worthless. Emma Goldman’s clever use of rhetoric defies tradition and unlike King’s use of emotion she alienated her audience by stirring negative opinions and called upon her intellect to win her battle. In 1917 when Goldman plead to the jury she sought justice in her defence against claims of conspiracy. Urging the court to form an unbiased opinion and recognise her fight for freedom of speech she alludes to her fellow so called anarchists â€Å"Jesus, Socrates, Galileo, Bruno, John Brown† to prove she is not wrong and that nothing willà ‚  make her change her position. King was greeted with an euphoric and peaceful reception as he was seen as a freedom fighter and today in our contemporary world the significance of his speech remains evident. By appealing to both audiences’ intellect regarding injustice, King and Goldman aimed to persuade their respective audiences of the right path to choose. When King bellows out that the life of the Negro is still sadly crippled by the manacles of segregation and the chains of discrimination, his metaphoric emotive language heightens his passion for freedom for his people from more than slavery. Similarly to King, Goldman fights for justice and through a series of rhetorical questions she asks the jury a final time to â€Å"please forget that I am an Anarchist†¦Have we been engaged in a conspiracy? Have these overt acts been proven?† She asks for a fair trial and to not be disadvantaged because of society’s values – she only wishes for justice to prevail. Sadly the jury found her guilty but her works reception reaches a higher extent today as we can appreciate her effort in changing society’s perception of free speech. While injustice was inflicted upon three social groups, Aung San Suu Kyi, Emma Goldman and Dr. Martin Luther King stood up and were three speakers who managed to defy old-fashioned social and political beliefs of their time to be recognised in our contemporary society. When delivering their speeches they gained the attention and support of a crowd through their stage presence, use of rhetoric and particularly political contextual values that aim to achieve this. In order to be recognised they needed to give their audience a purpose and through earnest ideas of freedom, justice and democratic rights their reception has not altered from when they were delivered to now as we are continually fighting for such causes.

Human Memory How reliable is Eyewitness Testimony

Human Memory How reliable is Eyewitness Testimony This essays attempts to reach a conclusion regarding eyewitness testimonies and the extent of its reliability. This was done by identifying factors in three different processes stages. The acquisition stage is the period where the witness experiences the event. The retention stage is the period between the time the event ends and the time the witness are asked for a recount or questioned about the event. The retrieval stage is the period where the witness is providing information from their recall. During the acquisition stage, research regarding exposure time, estimation of factors concerning the event (for example, time), violence of the event, weapon focus and witness stress was analysed. During the retention stage, research regarding post-event information, introduction of conflicting information and introduction of misleading information was analysed. During the retrieval stage, research regarding method of questioning, leading questions and a case study of an actual event was analysed. Experiments and case studies regarding these factors were then evaluated to weigh the impact that it had on eyewitness testimony. In conclusion, it was found that experiments regarding eyewitness testimony hold little evidence to support its reliability but there are also some findings that dispute this. Thus, it was concluded that it is reliable only to a small extent though it can be highly accurate under certain conditions. Applications of this conclusion includes jurors being more aware of the factors regarding eyewitness testimony and taking into account when deciding on a verdict especially if the main evidence is based solely on eyewitness recounts. Eyewitness testimony is usually a verbal account given by an individual who has experienced an event, typically of a crime. Eyewitness testimony relies heavily on the capability of the individuals to accurately recount the event. In a trial, the jury is most often persuaded due to the statement(s) of the witnesses. Also, in cases where little material evidence can be collected, eyewitnesses are the focus for reaching a verdict. It has been argued that because testimonies are largely based on fallible memory which can be influenced by a variety of factors, it should not be depended upon. The contention of this essay is to identify and evaluate the extent of accuracy of this claim by identifying and evaluating factors that affect memory and by reviewing experiments and case studies to reach a conclusion on this matter. Memory and thus eye-witness reliability has become an issue of importance due to the high percentage of errors in identifying and prosecuting accused individuals. Thus, the reliability of eyewitness testimonies and impact on trials should be reviewed. Memory is defined as a kind of repository in which facts (information) may be retained over some period of time (Loftus, 1979). According to the Atkinson and Shiffrin model of memory storage (1971), memory is made up of three different types of information stores, each with different duration, capacity and function. The first is Sensory Memory. This type of store lasts for the spilt second when individuals collect information from their sensory systems and preserves information in its original sensory form. The sense organs are limited in their ability to store information about the world in an unprocessed way for more than a second. Thus, information is filtered through or selected by attention for further memory processing into the next type of memory store. This process of experiencing and filtering information is called acquisition. The next memory store is Short-term memory allows individuals to retain information long enough to be used and lasts approximately between 15 to 30 s econds. Miller (1956, cited in Weiten, 2005) proposed that Short-term Memory had a capacity of about 7 chunks of information. If certain actions are carried out, the information will be transferred to the last type of memory store, Long-term Memory. Long-term Memory provides retention of information which can last between minutes to a lifetime and has a limitless capacity. The process of information deposited in the short-term and long-term memory store is called retention. Information is constantly being transferred between these stores. When witnesses are asked to give recount of what they witnessed, information is taken from the long-term memory store and this process is called retrieval. Events during these three processes may affect the quality of the eyewitness testimony. During the acquisition process information may not have been perceived in the first place, information may be forgotten or interfered during the retention process or information may be inaccessible during questioning or during the retrieval process. Analysis of Factors that may affect Eye-witness Testimony during the Acquisition Process During the acquisition process, there are a number of factors that can affect an eyewitness report of an event such as exposure time or stress. This can be divided into event factors and witness factors. This section of the essay will evaluate the effect of these factors on the reliability of eyewitness testimony. Exposure time to the event or object of focus is an event factor. Laughery et al (1971, cited in Loftus, 1979) tested subjects on their recall based on the exposure time to a picture, showed one at a time of different positions of a human face. Two Caucasian male target faces were used, one with fair-colored hair and complexion with glasses and another with a darker-colored hair and complexion without glasses. The independent variable is the time the subjects viewed the pictures, which ranged from ten seconds to thirty-two seconds. The subjects were them asked, approximately eight minutes after exposure to identify the target within a series of 150 slides of human faces. The dependant variable is the accuracy of the subjects recall. Fifty-eight percentof the subjects who viewed the pictures for thirty-two seconds correctly identified the target but only forty-seven percent of the subjects who viewed the pictures for ten seconds correctly identified the target. This suggests that the more time a witness has to view the target, the more accurate their recall will be. This research is significant as it is very scientific and precisely tested a specific variable that affects memory and recall. Although this is so, it was also conducted in an artificial environment and thus, has low ecological validity. The research may also contain cultural and gender bias as it only tested for Caucasian males as the target. Thus, its application to targets of different cultures or gender is questionable. Estimating factors such as time, speed or distance is often asked of eyewitnesses. This involves perceiving the event and accurately inferring information from it. Marshalls (1966, cited in Loftus, 1979) experiment tested subjects estimation of time. Four hundred and ninety-one subjects watched a forty-two second film and a week after they had given their written and oral reports of the event, they were questioned as to the duration of the event. On average, subjects gave an estimate of about ninety seconds. The results show that witnesses can inaccurately estimate certain factors of an event. Although the results are significant, the study was conducted in a controlled environment which gives it little ecological validity. To further assess the accuracy of this study, an additional study that can be considered is Buckhout et al. (1975, cited in Loftus, 1979)s study on the effects if eyewitness testimony in a real situation by staging an attack where a student attacked a professor in front of 141 witnesses. The attack lasted for thirty-four seconds but when interviewed later on, the average estimate of the duration of the event was eighty-one seconds, almost twice the actual time. This study supports Marshalls study which shows that there is a tendency for witnesses to overestimate the duration in an event. This is significant in most cases, especially for cases of self-defense where the time between the attack and the retaliation is very significant in the categorization of the action. Another event factor is the violence of the event. A research done by Clifford and Scott (1978, cited in Loftus, 1979) investigated the ability of eyewitnesses to perceive violent and non-violent events. Forty-eight subjects with equal number of men and women watched either one of two tapes. In the non-violent version, the characters were involved in a verbal exchange and weak restraining movements. In the violent version, one of the characters physically assaults another character. In an effort to be even, the start and end of the tapes were manipulated to be identical. It was found that regardless of gender, the level of recall is significantly lower for those who viewed the more violent tape. It is inferred that this is due to the greater amount of stress that is produced in response to the violent event. This shows that eyewitness testimony of a violent event should be considered with the possibility of a higher rate of inaccuracy. Though the results are significant due to the hi gh reliability of the scientific method used, it also lacks ecological validity as it was conducted in an artificial environment where witnesses do not actually experience the event. An event factor that is linked to the witness factor, stress, is weapon focus. Easterbrook (1959) found that under high stress, individuals tend to concentrate more on a few features of their environment and less attention to other features. Weapon focus is where a crime victim is faced with an assailant who is brandishing a weapon. This rises the stress level of the crime victim and thus, they will only concentrate on a few features, mainly the weapon and will have trouble recollecting other factors such as the assailants features. Loftus et al (1987) tested this with an experiment where thirty-six students were showed a series of slides which showed one of two scenarios at a fast food restaurant. Half the subjects saw a customer pointing a gun at the cashier while the other half, the control group saw a customer handing the cashier a check. A part of the experiment tested the memory of the students based on a series of seven questions on the customer. It was found that the level of accuracy of the weapon group was fifty-six percent while the level of accuracy for the control group was sixty-seven percent. As the results show that the accuracy level of the weapon group is lower than the control group, this is highly significant in showing that eye-witnesses acquisition process might be seriously hampered by the presence of a weapon. The results of the experiment are highly valid as it was conducted in a controlled environment which allowed a direct cause and effect outcome. While this is so, the participants did not experience the event and thus their response may be different to an actual witness which means that the experiment lacks ecological validity. During an event, stress is a witness factor that should be taken into account. This refers to the level of stress or fear that a witness experiences which may influence their perception during the acquisition process of the event. A simulated case study done by Berkun (1962, cited in Loftus, 1979) placed army recruits in a stressful situation. They were isolated with the exception of a telephone link. Then, they were told that they were in danger to induce anxiety and were required to repair a broken radio by following a series of complicated instructions. It was found that the high level of anxiety impaired performance of the subjects. As this case study was conducted during a period of different ethical standards than today, there are ethical implications to be considered. Nevertheless, the results of this case study significantly support the Yerkes-Dodson law (1908, cited in Green) which states that emotional arousal facilitates learning and performance up to a point after which t here is a decrement. This can be applied to eyewitnesses who experience stress. Their senses may be stimulated but after a point, their acquisition process will be negatively affected. Although this is so, this case study has only looked at male soldiers, thus when applied to the general population, it lacks ecological validity. Analysis of Factors that may affect Eye-witness Testimony during the Retention Process Eye-witnesses are being tested on their retention of information from their Long-term Memory. Because retained information and thus, memory is being transferred between memory stores, it is possible that it can be influenced, enhanced or even distorted during or in between transfers. This section of the essay will focus on the numerous researches that have been carried out to investigate the accuracy of this or the extent of the influence that may occur. After an event occurs, sometimes witnesses discuss what they saw with each other and the information that is exchanged can result in an enhancement of memory in the form of modification or addition. An experiment was conducted by Loftus (1975) on one hundred and fifty participants. They were showed a film of a car crash where a car failed to stop at a stop sign and turned right to enter traffic, causing a five-car collision. After the film which lasted for less than a minute, participants were asked a series of ten questions. Half of the participants were asked about the stop sign in the first question while the other half were asked about the right turn. All other questions were the same. The independent variable here is the first question and the dependant variable is the last question which asked participants if they remembered seeing a stop sign. Loftus found that there was a higher percentage of participants who recalled seeing a stop sign if the first question related to a stop sign than the control group, fifty-three percent and thirty-five percent respectively. This shows that by mentioning an object, there is a higher chance of it being recalled. The results are highly significant as it was calculated using precise results with a specific variable tested. It can be argued that the experiment lacks ecological validity as it was conducted in an artificial environment but this allowed a specific variable to be tested which would have been impossible with a case study. As demonstrated by this experiment, eye-witnesses memory may be influenced by post-event information that they receive and thus, the more information that the witness is exposed to after the event, the higher the chance that their memory might be compromised. A modification to the previous variable is the question as to what happens when a witness learns new information which is different from what they experienced. Loftus (1975) conducted an experiment where forty participants were shown a three-minute video which involved a group of eight demonstrators noisily interrupting a lecture. The participants then had to answer a series of twenty questions. All the questions for the participants were identical except for one. Half of the participants were asked, Was the leader of the twelve demonstrators who entered the classroom a male? and the other half were asked, Was the leader of the four demonstrators who entered the classroom a male? All questions had to be answered with a yes or no. A week later, participants had to answer another set of questions. The critical question was How many demonstrators did you see enter the classroom? It was found that participants who previously answered the question with the word twelve reported an average of 8.9 demonstrators while the other half reported an average of 6.4 demonstrators. It can be argued that this experiment lacks ecological validity as it was conducted in an artificial environment and that participants only viewed the event and did not actually witness it. The results may not be fully applicable to the general population. Although this is so, the controlled environment showed a direct cause and effect of a specific variable. The results of this experiment can be applied to eye-witness testimony where witnesses may be mislead in their testimony as their memory might be compromised by the introduction of conflicting information. Similar to the experiment above is an experiment conducted by Loftus and Zanni (1975, cited in Hill, 1998) which was a modification of the original Loftus and Palmer research. The aim of the experiment was to investigate the effect of adding post event information on memory. Participants were shown a film of a car accident after which they had to answer a series of questions. Half of the participants were required to answer, Did you see the broken headlight which implied that there was a broken headlight while the other half were asked, Did you see a broken headlight which only required participants to recall if it was there. It was found that half of the participants, who were asked using the word the, incorrectly reported seeing a broken headlight. As most of the other variables were controlled in the experiment, and only a specific variable was changed, the results signify that memory can be modified by post event information. It can be argued that the participants did not experie nce the incident and thus the experiment lacks ecological validity when applied to actual witnesses but as a specific variable was examined, it can be concluded that the cause and effect was to a large extent connected. This experiment shows that eyewitnesses may be influenced by post event information which may negatively affect their account. McCloskey and Zaragaza (1985) also conducted experiments concerning the effect of misleading post event information on participants. After watching a series of slides depicting an event, participants received a narrative of the event. Participants in the mislead condition will receive a narration with receive the narrative with misleading information about a detail of the event, a hammer was referred to as a screwdriver instead while the control group werent provided details of the specific event. Participants then had to answer a series of questions about the event. The critical question concerning the tool had the original item as an option (hammer) and a new item (wrench). It was found that accuracy for the control group was seventy-five percent and seventy-two percent for the mislead condition group. The fact that there was little difference between the two groups points to the idea that misleading post event information does not distort memory of an event. This experiment suppor ts the validity of eyewitness testimony and due to the controlled setting; the results are highly valid though it lacks ecological validity. Analysis of Factors that may affect Eye-witness Testimony during the Retrieval Process Most evidence from eyewitnesses are a result of their accounts of the event. This involves the retrieval process of information from their long term memory store. This section of the essay aims to analyse and evaluate research conducted in relation to the techniques of retrieving information from eyewitnesses such as question wording or method of questioning. This is to evaluate the extent of influence of such techniques on the reliability of eyewitness accounts and in relation, memory. The method of questioning during the retrieval process plays an important role in the accuracy of eye-witness testimony as investigated by Lipton (1977, cited in Wells, 1978). Lipton conducted an experiment where participants watched a film of a murder in a courtroom setting. He found that unstructured testimony which allowed free recall resulted in ninety-one percent accuracy. This is a significant value as compared to other types of questioning such as open ended questions with eighty-three percent accuracy, leading questions with seventy-two percent accuracy and multiple choice questions with fifty-six percent accuracy. These results show that the type of questioning that the witness is subjected to affects the accuracy of their recount. When applied to trial testimonies, jurors should take into account the type of questioning to predict or get an idea of the level of accuracy of the testimony. Though conclusive to a certain extent, the experiment lacks ecological validity as the participants did not actually experience the event, merely perceive it but as it is a controlled environment, the reliability of the cause and effect factors is high. Loftus and Palmer (1974 cited in Hill, 1998) carried out an experiment to investigate the effect of leading questions on the accuracy of participants in recalling a car crash. Fourty-five participants were separated into seven groups and each group watched a video of traffic accidents. The videos lasted from five to thirty seconds. After watching the video, participants had to give an account of what they had just seen. The independent variable is the question About how fast were the cars going when they hit each other?. The word hit is replaced with the words smashed, contacted, bumped and collided for different groups. The participants answer as to the estimate of the cars speed is the dependant variable. Loftus and Palmer found that the mean estimate of speed for more aggressive words such as smashed is higher than less aggressive words such as contacted. The results are highly significant, p Contending the results of this experiment is Yuille and Cutshalls (1986) case study of a real life event. 13 participants were interviewed using Loftus and Palmers (1974 cited in Hill, 1998) technique in their recall four to five months after witnessing an attempted robbery in daylight where one individual was killed and another, seriously wounded. It was found that there was a very high level of similarity between the accounts given by the witnesses, the accounts did not alter in response to leading questions and that the witnesses were able to recall the event in detail. Additionally, accounts of those who were more distressed had a higher accuracy level. These results are different to Loftus and Palmer (1974 cited in Hill, 1998). The eye witnesses did not alter their accounts greatly in response to leading questions. As this is a case study, it holds high ecological validity unlike laboratory experiments. Although this may be true, Yuille and Cutshalls case study was of an event t hat was relatively traumatic event and was viewed in ideal conditions. Most incidents do not mirror this setting. Also, it was an investigation of only one case study. Hence, the application of these findings is debatable when applied to general eye witness testimonies. Conclusion This essay evaluated the extent of accuracy of the claim that eyewitness testimony should not be depended upon. This was done by focusing on the different factors that can affect human memory, and in relation, eyewitness testimony as it is fundamentally based on memory. Experiments and case studies related to factors in three different memory stages were identified and evaluated. Research concerning the acquisition process such as exposure time, estimation of factors concerning the event, for example, time, violence of the event, weapon focus and witness stress level during the event was analysed. Results point to a correlation of high levels of inaccuracy when more traumatic factors are included in the event. This is also reflected in research concerning the retention process and the retrieval process although there is some evidence that supports the reliability of eyewitness testimony. Overall analysis criticised the low ecological validity of controlled experiments but also supported the high level of validity that comes with it as it essentially provides a cause and effect relationship between specific variables tested. Case studies were found to be very specific with regards to certain factors, which leads to a debate about their general application. Since experiments are only replications of real-life events, it cant be fully taken as the actual process . This may have some influence on the results obtained as it can be argued that the participants are not really experiencing the event, thus essential factors like, atmosphere, or even interest in the event may be compromised. In this manner, results of case studies hold a higher level of reliability. As indicated by the numerous researches on different factors during the process of collecting, processing and retrieving information from memory, eye witness testimony is reliable only to a small extent. Under such fallibility, it can be questioned if eyewitness testimony should be relied on at all. Though eyewitness testimony has been proved accurate in a number of researches, the amount of investigations concluding on the fact that it is highly imperfect far outweighs it. Though a large number of researches do not support the reliability of eyewitness testimony, there is also evidence to support it like Yuille and Cutshalls (1986) case study. This suggests that although eyewitness testimony can be unreliable, under certain conditions, it is highly accurate. Implications for application of the analysis in this essay could include jurors being more wary of eyewitness testimony and the conditions relating to it when deciding upon a verdict. Further research could include more case studies to increase the ecological validity of the theories produced by experiments analysed in this essay. References Atkinson, R. C. Shriffin, R. M. (1971), The Control Processes of Short-term Memory, Stanford, California, Stanford University Easterbrook J. A. (1959), The Effect of Emotion on Cue Utilisation and the Organisation of Behaviour, Psychological Review, Vol 66(3), 183-201 Green, C. D, (n.d.) Classics in the History of Psychology Yerkes and Dodson (1908), Toronto, Ontario, York University, Retrieved from psychclassics.yorka.ca: http://psychclassics.yorku.ca/Yerkes/Law/ Hill, G. (1998), Oxford Revision Guides, AS A Level Psychology, New York, Oxford University Press Loftus, E. F; Loftus, G. R; Messo, J. (1987), Some facts about Weapon Focus, Law and Human Behaviour, Vol 11(1), 55-62 Loftus, E. F. (1975), Leading Questions and the Eyewitness Repost, Cognitive Psychology, Vol 7, 550-572, University of Washington Loftus E. F. (1979), Eyewitness Testimony, Cambridge, Massachusetts, London, England, USA, Harvard University Press Yullie J. C. Cutshall J. L. (1986), A case study of eyewitness memory of a crime, Journal of Applied Psychology, Volume 71(2), May 1986, 291-301 Weiten, W. (2005), Psychology: Themes and Variations, The United States of America, Thomson Learning Inc. Wells, G. L. (1978), Applied Eyewitness-Testimony Research: System Variables and Estimator Variables, Journal of Personality and Social Psychology. Volume 36, No. 12, 1547-1557, University of Alberta, Edmonton, Canada

Julius Caesar as a Tragic HEro Essay -- essays research papers

Julius Caesar as a Tragic Hero   Ã‚  Ã‚  Ã‚  Ã‚  The Ides of March mean much more than March 15th, it was also the day Julius Caesar, the Roman general and leader was killed. Although this day is not a holiday, we should take time to think of things Caesar didn’t on this fateful day. In â€Å"Julius Caesar,† by William Shakespeare, Caesar that morning solidified his place as a tragic hero because of his tremendous fatal flaw. Aristotle once defined the tragic hero as a person of noble or influential birth, who has a moral personality. The tragic hero also must have one hamartia, which is a fatal flaw. This fatal flaw is the cause of the person's downfall. This also means that it is a noble person, and it is one part of their personality that brings them down. Julius Caesar is a tragic hero because he was a champion of the people, but it was his hubris that led to his death. Caesar was a great leader and well-loved by Romans, but his arrogance made the people who were close to him mad and jealous of him. It was Caesars excessive pride that led directly to his death. We see evidence throughout the play through the dialogue and events that this is true.   Ã‚  Ã‚  Ã‚  Ã‚  Firstly, Caesar was a great leader and adored by his subjects. At the opening of the play, all of the Romans in the streets are cheering for Caesar and rejoicing in his triumph. Although two soldiers don’t agree, the first we hear of Caesar is that is a eagerly supported. At the Feast of Lupercal, for example, Marc Antony tries to crown him king three times, and each time, Caesar refuses. As he does, the people cheer for him because they bel 09ieve him to be so noble. This shows how the people revered him, admired him, and accepted him as their leader. They cheered for him in the streets and supported his every move. Caesar had made many positive changes in Rome, and people appreciate that. Caesar is a good, observant leader as he notices the way that Cassius is not a man to be trusted, and he is correct. He understands people and paid close attention to the way Cassius spent too much time thinking, and not enough time enjoying life and the arts. He warns M arc Antony that they should watch out for Cassius. â€Å"Yond Cassius has a lean and hungry look; He thinks too much; such men are dangerous †¦ Such men as he be never at heart's ease/ Whiles they behold a greater than themselve... ...d it.   Ã‚  Ã‚  Ã‚  Ã‚  In conclusion, it is clear that Caesar is a great man with one tragic flaw: hubris. His arrogance is so strong that it taints his wisdom and takes away his fear. This shows us that fear is actually a great asset and tool not just for all of mankind. As long as people don’t let fear take over them, it will help keep them safe. To have no fear at all is not an advantage or strength, but a foolish flaw. Although Caesar is a great leader and admired by the people, his arrogance makes others mad and jealous and causes them to find reasons why they would be better off without him. Finally, this arrogance leads directly to his death because it takes away his fear, and therefore his ability to pay attention to the many signs that should have shown him that he was in danger. We have seen evidence that is was this lack of personal fear, which comes from Caesar’s hubris, that causes him to allow himself to be in a position to be killed by his own men, including his own best friend. So, when the Ides of March come around each year on March 15th, we should all take some time to remember, that a little fear is a healthy thing.   Ã‚  Ã‚  Ã‚  Ã‚  

The Fight for Freedom and Rights in Early America Essay -- People Hist

The Fight for Freedom and Rights in Early America The names and faces of those considered pioneers in the fight for rights and freedom may not be instantly recognizable, but nevertheless, they are an important part to the history of the United States of America. Throughout the history of our country, there has not just been an injustice towards black slaves, but also towards women, with both being unfairly discriminated against. It was the work of many individuals who brought the unfamiliar taste for rights for all God’s creatures to the mouths of many people. The impact of such people, including Elizabeth Cady Stanton and Frederick Douglass, towards the demand for rights for women and slaves cannot be measured. Elizabeth Cady Stanton (1815-1902) was born and raised in Johnstown, New York and was one of six children (Stanton 169). She was an incredibly gifted woman, extremely smart and intelligent and had a tongue for linguistics, as she had studied Greek and Latin. She enjoyed intellectual and stimulating conversations and became quite interested in temperance movements, abolishing slavery, and the struggle to gain rights for women. One day, after a discussion with like-minded women, she proposed a woman’s convention to discuss their situation. In July of 1848, she organized the first woman’s rights convention in the United States, known as the Seneca Falls Convention. Frederick Douglass was a slave with ambition and he became more educated than most slaves were by learning how to read. This in theory was good, but at times, did not work out to his advantage. His acumen and intelligence were characteristics that fed his yearning for knowledge and his taste for freedom. Frederick Douglass (1817-1895) was born... ...e of Elizabeth Cady Stanton or Frederick Douglass, but their impact on American history cannot be calculated. Their goals and ideas pushed through a white male dominated world and they set out to make change. They knew it would not come easily, but they knew it was something they were willing to fight forever for. It is due to their leadership, intelligence, and the strength in their hearts for the reason why they are considered two of the most important pioneers in the fight for freedom and the fight for rights for all individuals in our society. Works Cited Douglass, Frederick. â€Å"Narrative of the Life of Frederick Douglass, an American Slave.† A World of Ideas. Ed. Lee Jacobus. Boston: Bedford, 2002. 125-140. Stanton, Elizabeth Cady. â€Å"Declarations of Sentiments and Resolutions.† A World of Ideas. Ed. Lee Jacobus. Boston: Bedford, 2002. 169-178.

Code of Ethics Essay

Almost every organization, institution and profession has a set of code of ethics which are generally expected to guide their stakeholders on how to handle particular issues within that fall within their place of work. Basically, such code of ethics are instituted and adopted in organizations as well as professions as a way of ensuring that relevant stakeholders are in a position to draw a clear distinction about on what is wrong or right. Understanding the ethical codes of a particular environment, be it an organization or a profession has been found to be instrumental in helping the stakeholders make right decisions in decision situations and this fact has therefore awarded code of ethics great importance across professions. Ethics vary from one profession to another as well as from an organization to another depending on the type of operations carried out, also, the environment within which an organization functions. It becomes an obligation to all stakeholders in a profession, organization or even an institution to understand the laid down code of ethics available as such since violating such qualifies to be termed as a professional misconduct and punishable under the law. There is generally a rich history about code of ethics and again, the history varies from one profession to another and also across organizations. This paper will seek to offer a detailed analysis of the code of ethics that are available in accounting profession, its history of development, the sources from where these ethics were developed amongst other valuable issues about code of ethics in general. It will explore the major players in the profession, who are basically certified accountants, what expectations are at least expectable from an accountant in his work to their clients, as well as the bodies across the globe that has been awarded the mandate of setting the standards or simply developing the code of ethics for accountants. Accounting has grown to become one of the oldest and also one of the most important services that business world cannot stay without. In the business world, there is the inherent need for the business owners and other stakeholders to have perfect knowledge of the state of affairs of the business institution in which they have committed their resources, of course for expected returns. To gain this kind of knowledge, an individual who can truthfully and honestly reflect the true financial position within which a business is at any particular time is needed and this can only be a person who have relevant analysis skills. If such information is made available to the investors, customers, governments and suppliers among others, then it becomes likely that such individuals will be in a position to know whether a business is making profits or otherwise. If there have been steady profits in a particular business and over a couple of the previous years, such a business will remain as worthwhile investment opportunities to investors, a good source of government tax to the government, a good determinant of how much profits to go to each shareholder and would also assure suppliers that their creditor is solvent enough. In case of loss, not very many profit oriented individuals will want any association with such a business as losses are one of the signs of insolvency. Basically, accounting information is of very important use in decision making and for this reason, such information must be truthful and objective. Incorrect accounting information has the potential to result into decisions that are wasteful in nature and this is a situation which is not acceptable in the business world where resources are always limited. Provision of such accounting information has therefore come under very strict scrutiny by bodies which are globally recognized and mandated to give guidelines which every certified accountant must adhere to while undertaking their accounting duties. Failure of adherence by accountants has been qualified to become a professional misconduct and in such a case, the accountant in question becomes liable for his irresponsibility. The ethical requirements for professional accountants are established by the International Federation of Accountants (I.F.A) which also enforces that all the guidelines are adhered to throughout the profession of accounting reporting (Reamer, 1998). Statement of Values Integrity Integrity is one of the four values that make up the code of ethics in accounting field as a profession. An accountant whose services have been hired by a business entity has to demonstrate a high level of integrity in conducting their duties failure to which they can be held liable for any loss suffered, if such losses are proven to have been occasioned by lack of integrity on the side of the accountant. Integrity implies that an account under duty has to demonstrate that he is straightforward as well as honest with issues that touch on the financial performance of the entity to which he is offering accounting services. It also implies that there has to be fair dealings as well as truthfulness throughout the service dispensation period. This consequently requires that accountant must not have any association with accounting information in which they believe there are material errors or are misleading. Objectivity This is another principle in the accounting field that requires accountants not to allow any compromise on their business or professional judgment. It states that a professional accountant must be free from bias, conflict of interest and also undue influence while making a business judgment. Impaired objectivity amounts to a gross professional misconduct and relevant bodies like the I.F.A ensures that such values are upheld throughout the profession. Diligence This means that a professional accountant is bound by the ethical code to dispense their services with due acre and competence. They are required to maintain an acceptable level of professional knowledge and skills in services delivery so that their clients will be better positioned to have truthful reports about the affairs of a business at any particular time. Informed decisions are likely to be made as a result of data obtained through diligent services and would not cost the decision maker for unexpected outcomes. Confidentiality This is the requirement that a professional accountant must not disclose any information he has come across during his service time, in part or wholly to a third party or for extra financial gains. Parties whom may stand to gain upon acquiring such information are the competitors to the client and this may turn out to be disastrous to the client. Professional accountants are therefore bound by this value to only use such information for the benefit of their current client failure to which would be looked at as a violation of one of the golden rules. The above are values that have been formulated by I.F.A and generally accepted across the globe by the help of the nations that recognizes this body. Training and Communication In every organization training is a vital component. Training equips employees with necessary skills, knowledge, and become competence in their accounting work. Employees do participate in ethical training of the company and attain development and eventually improve their morale on the performance of the company. Ethical training provides innovative quality solutions to support the company to operate in an ethical environment and realize their full potential of investors. Training should take place in area of law compliance and ways to treat various differing interest, profits and safety. Communication on the other hand acts as an enhancement to training where issues are discussed openly. Investors raise views as they become participants and share it out with others of anything they do not understand. Some of communications tools used are company newsletters, article in magazines, internet website and videos. There should effective communication to investors characterized by the following features: honesty which emphasis on free flow of important investment information, confidentiality that protect employees regarding their rights and their professional while abiding to legal act about disclosing information which affects welfare of others and free speech to give support for open competition. Communication should also promote mutual understanding between the investor and the facilitator of business opportunity. Companies should develop, enforce and put down in writing codes of corporate. A code of ethic should foster a stronger ethical climate and open various channel of communication to help protects against fraudulent financial reporting. Both corporate ethics training and communication is very important to employees individually by developing ethical decision–making skills and to ensure all staff understands and complies with company regulations and policies. Code of Ethics Implementation Plan The success lies on the corporation commitment on developing code and their contribution (Messikomer and Cirka, 2010). Company needs to implement code of ethics through informal methods noticeable to the context through proper communication and agreement. The implementation plan sound to ensure investment advisors adhere to code of ethics regarding business matters, protect customers and inhibit any inappropriate action. The advisors are responsible for consumers saving and their security regarding their financial status. Customers understanding on code of ethics determine whether their representatives are acting accordance to law and guidelines, as well as representing them appropriately. Prior to the implementation of code of ethics there are rules: where all employees receive compensation of loss regardless of the amount, employees will perform their discharged duties diligently and competence, and finally, organization will consult the public to get feedback and suggestions regarding on the efficiency and effective delivery of services. Implementation composes organizational changes where employees should conform to these changes: identification of moral leaders who are moral mature and finally, leaders should regularly communicate code of ethics to improve perceptions of trust and leadership credibility. This imperative normalizes ethicality by providing routine communication on moral behavior which reminds employees on their ethics matters. Corporate Social Issues It is most essential in every organization that it promotes its vision of accountable business to various stakeholders apart from investors and shareholders. There are various areas of major concerns: environmental conservation, well status of employees, community and community at large. Company do largely benefit through adopting a policy of social responsibility through improvement of financial performance, lowering its operation cost, increasing it sales and enhancing customers loyalty. The company consequently attracts many consumers/investors as well as to retain the potential ones to help change the company’s identity and to greatly improve productivity and quality. There are drivers pushing business towards social responsibility such as the government, which imposes legislation and regulation to deliver social and environmental objectives in the area of business. Secondly, the need for corporate disclosure from investor and stake holders, also, investors are changing its way of accessing companies performance based on criteria of social responsibility. Management training plays a major role in implementation of corporate social responsibility. There is increased demand for corporate social responsibility in every organization to promote good governance between the organization, investors, society at larger and government. Laws and Regulations Impacting on Corporations The recent past has witnessed several pieces of legislation that eventually come to force and impact both positively and negatively to corporation. Examples of such laws are the ones concerning environmental conservation that have required corporate bodies to do their business with little to no environmental degradation. This has to a greater extent dealt manufacturing corporations big blows as they have to emit waste product into the environment as they do manufacturing. These set of laws have therefore required that there are amounts of part of the corporation’s revenue set aside to attempt to get rid of the waste materials they emit from the environment. This has become an extra cost to most corporations since conducting an environmental cleanup exercise has in many circumstances gone into the tune of millions of shillings. Basically, among other effects that recent laws and regulations have imposed on the environment have been extra costs especially meant for cleaning up the waste they emit into environment or compensating individuals who are fallen victims in one way or another of this kind of wastes. Consequently, the revenues have considerably diminished with some of such corporations opted the walk of operations. Monitoring and Enforcement Plan Monitoring and enforcing adherence to code of ethics is of paramount importance and several benefits have been associated to it. Monitoring is in most cases done by organizational management teams, senior officers in an institution or even bodies which are mandated to safeguard such codes of ethics. Monitoring and enforcing helps keep those who are bound by such codes committed to satisfying the values as stipulated in the code of ethics. As a result, professionals in whatever field are in a position to effectively prevent, detect and report appropriately as well as address any allegation of professional misconduct. A code of ethics can be effectively enforced when there exist individuals responsible for its implementation. Enforcing and safeguarding a code of ethics from rampant violation would require a clear explanation of the consequences that are to befell the violators. Such consequences must seem harsh so as to discourage those bound by the code from acting against it but instead assist in implementing it fully. Establishing an agreement that is binding between the parties to a code of ethics is also a step in the right direction of enforcing it. Lastly, to successfully monitor and enforce a code of ethics, there needs to be a consistent manner of monitoring behavior as well as rewarding individuals who duly comply with the laid down code of ethics. Ethics Audit Professionals in any field are needed to continually keep in touch with the practices within their professions that have an ethics relation in light of the ever increasing demand from the social world. To achieve this, the professionals have to engage in rigorous process of auditing ethics and such audits should be hinged on establishing that which is being considered essential in social work. This will in turn help the professionals make an identification of an ethical issue which is pertinent in their practice setting. Furthermore, it will be helpful to professionals in reviewing as well as assessing how adequate their current practice is. Lastly, auditing ethical codes will become helpful in assisting professionals to design a strategy which is practical to tune current practices as desired in the social work. Working Internationally Securing a professional job internationally is in most circumstances fancied by many if not by all professions across several fields. Such opportunities come with lots of hope to succeed in one’s career and of course earn fortunes out of the opportunity. In the real sense, there are very few professionals if any, who will turn such a chance down. Ethically, before a professional takes on an international duty, he has to consider issues like whether his code of ethics conform with the general ethics upheld in a foreign nation and whether such bodies are concerned with the code of ethics of his/her profession is acknowledged in that foreign nation in which he/she is intending to work. This is so, because a case of conflicting ethical values may arise and this may cause a crisis that could have been avoided if such issues were put into account prior to taking up of international duties. Like for instance, in accounting profession, there still exist some nations that have not subscribed to the guidelines offered by major accounting bodies in the world like the I.F.A or the Generally Accepted Accounting Principles (G.A.A.P). As a result, such nations have their own ways of dealing with some accounting treatments which in many circumstances contrast what such bodies provide in respect of those treatments. Therefore, having an accountant who has been trained and practiced in a country where such guidelines from these bodies are adhered to work in such a foreign country may yield a crisis which in another perspective may be termed as professional misconduct in that foreign country. Conclusion In conclusion, this paper discusses and identifies the statement of values to include the source and foundation of ethical values and principles; why these principles are non-negotiable, how they have evolved over time, and what moral philosophy or social issues affects the approach to ethics. It also presented and given a training and communication plan, implementation plan, plan for the role of leadership, resolution to corporate social issues, discussed the recent laws and regulations impacting the corporation, how to monitor and enforce the plan; ethics auditing plan and considerations for working internationally. As you can see, code of ethics is needed in every organization to avoid conflict of interest and to deal with issues in a fair and just manner. References Baker, R. (1999). The American medical ethics revolution: how the AMA’s code of ethics has transformed physicians’ relationships to patients, professionals, and society. Baltimore: Johns Hopkins University Press. Code of international ethics. (1953). Westminster, Md.: Newman Press. Code of medical ethics: current opinions with annotations (2004-2005 ed.). (2004). Chicago, Ill.: AMA Press. Reamer, F. G. (1998). Ethical standards in social work: a review of the NASW code of ethics. Washington, DC: NASW Press. Watson, D. (1985). A Code of ethics for social work: the second step. London: Routledge & Kegan Paul.