Persuasive Essay On Violence - 967 Words

You see human beings doing stuff for no reason or just because they feel like it. Most never have a reason they just do it out of spite. People minding their business still get caught in the crossfire, â€Å"A justified fear of Trump does not justify violence against an individual just trying to leave a rally.†(Newkirk), you could be minding your own business and still get caught in the middle of violence. Protesters see people fighting in protest because it gets heated and people just gets irritated with each other, most are so stubborn that they only believe what they believe. When violence occurs more violence follows. While some others think that violence is justified there are multiple reasons why it’s not. Violence is a problem.†¦show more content†¦They are not being violent on their own. These Trump supporters have a leader who we all know. This group of bikers who support trump beat up a man because trump yelled, â€Å"get him out of here† (Ngu yen) because he was waving a Russian flag. Trump himself said he would punch a protester if they were close enough to him. These supporters are being told what to do. Knowing that Trump says ‘get him out of here’ makes the supporters violent means something. People are full of rage and are taking it out on someone or something. Both supporters and protesters are guilty of violence. It’s not okay. As soon as someone doesn’t agree with the other person extreme measures happen. These people are just full of anger that’s why they are protesting. Trump made these people angry by being racist towards them. He has called the immigrants of Mexican descent rapist and threatens them. These people have a right to be mad. Trump keeps making it worse by saying things that he shouldn’t say. He is openly racist and doesn’t care. He is unleashing something bigger than expected. He doesn’t realize what he is doing. America is not a safe place an ymore and it has grown even more dangerous for the second continuous year now. This violence we see has not been given a reason for why this is happening. The only thing we see is Trump is getting these protesters and supporters riled up these protest have just gotten too far out of hand. America can no longer handleShow MoreRelatedPersuasive Essay On Gun Violence858 Words   |  4 Pagescontinues to grow in our society, is the gun control epidemic. Gun violence in America is a national epidemic. Many people carelessly take advantage of Gun use and manipulate the tool without much thought to any repercussions. Many lives have been loss due to people legally or illegally obtaining guns and taking matters upon themselves to be executioners in holding other peoples lives in their hands. Specifically, ongoing gun violence in schools have become a horrific catastrophe. It is putting studentRead MorePersuasive Essay On Gun Violence1618 Words   |  7 PagesAs we all know gun violence ha s become an increasingly conflicted issue in the world and specifically in the United States. Gun violence is the leading cause of premature death in the United States as it kills almost 30,000 people and causes about 60,000 injuries annually. But guns are not the main cause of this problem. The problem is Americas culture of violence. We need to understand that guns are not what’s killing people, people are what’s killing people. Although guns may enable killers toRead MorePersuasive Essay On Youth Violence786 Words   |  4 Pagesshort fictional story can be summed up in one word: violence. It goes on every day. It happens constantly, and it never stops occurring. Violence sways in the air, and even though you don’t notice it, it’s out there. It happens in schools, parks, cities, and even neighborhoods. And since violence is so common, it’s attracted young-aged people, too, causing them to bully, hurt, and be very mean to their peers. However, n o teen can create youth violence at an unexpected point in their life when they don’tRead MoreDomestic Violence :Persuasive Essay2727 Words   |  11 PagesSophomore English January 11, 2013 Domestic Violence Domestic Violence Domestic violence is an act of assault that happens every day, fixing an issue like domestic violence is hard but not impossible. By speaking out and helping those who have been abused is the hardest but most effective way of limiting domestic violence. Lots of people blame domestic violence related issues on substance abuse or a controlling man. Those statements may be true but it’s an over exaggerationRead MoreThe A Deep Bruise, A Black Eye, And A Bloody Nose1509 Words   |  7 PagesA deep bruise, a black eye, and a bloody nose. Three distinct signs of violence. These are the prominent features the actress wears within the PSA I chose for this analysis. In this essay, I will discuss the primary message within the announcement. I will then identify the purpose of the video and to whom this PSA is directed. I will analyze the communicational techniques, as well as the type of speech within the video. Prove how the video is effective and decide its ethicality. Finally, I will concludeRead More exploring rhetorical modes 2 Essays739 Words   |  3 Pagesï » ¿University of Phoenix Material Exploring Rhetorical Modes Rhetorical Modes Worksheet Chart Complete the following worksheet on rhetorical modes for academic essays using the information shared in â€Å"Use Effective Methods of Development† in The Everyday Writer Plus. Rhetorical Mode Explain in your own words (using complete sentences) when a writer would use this mode. Narrative Narrative is telling a story to someone with a lot of detail. Description Description writing paints a picture withRead MoreI Have A Good Writer949 Words   |  4 Pagesfirst essay; a narrative. My narrative was about something that happened years ago that traumatized me. Being able to get out what had happened and express what I needed to was liberating. But aside from feeling better about the event, I had written my first real essay. A real, five page, no bull paper. That was a huge milestone in my writing career. Also, beginning with a narrative was nice because it was simple enough to be easy, but still challenging. Next, we wrote an expository essay. An expositoryRead MoreGender Differences Between Women And Men Speak981 Words   |  4 Pagesâ€Å"Sex Differences† is an essay written by a professor of linguistics named Ronald Macaulay. In the essay, he pointed out that there were no gender differences regarding to language development. He talked about various stereotypes about how men and women speak. 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Both essays offer a complete argument for justiceRead More Evaluation of Dworkins and Habermass Approach to Civil Disobedience1624 Words   |  7 PagesEvaluation of Dworkins and Habermass Approach to Civil Disobedience The following essay will attempt to evaluate the approach taken by Dworkin and Habermas on their views of civil disobedience. The two main pieces of literature referred to will be Dworkin?s paper on Civil Disobedience and Nuclear Protest? and Habermass paper on Civil Disobedience: Litmus Test for the Democratic Constitutional State. An outline of both Dworkins and Habermass approach will be given , further discussion

Is Voter Support A Presidential Candidate - 1795 Words

OVERVIEW Generally there are several key positions voters focus on when selecting a presidential candidate. Whether they release it or not, macroeconomics take a key in their thoughts by defining candidates based on positions of unemployment, income, and inflation. Many believe that voter support is based on differentiating viewpoints of past, present, and future economic conditions. For the most part, voters position themselves on one side or the other of the same coin. There is one side of the coin that is largely concerned with what the incumbent will personally do for them; the other side focuses on what the future president will do for the country. Donald R. Kinder and D. Roderick Kiewiet refer to the first group as pocketbook†¦show more content†¦However, it can be assumed that the interrelationship between both voter groups can and may collectively contribute to the majority vote this presidential election. A recent Gallup pole reflects two top voter issues reflective of sociotropic citizens; currently they are the economy and how the government operates (Newport, 2015). Those seeking election must not only understand the major concerns of Americans but also demonstrate how they plan to correct the issues. For the most part there are two schools of thought when it comes to government and economic policies, each being contended by Democrats or Republicans. So what are these thoughts and was is the best course of action? To figure this out we must understand the ramifications of each method. Lets take a look at who the candidates are and what their positions are. MARCO RUBIO Marco Rubio’s fiscal proposals follow that of sociotropic voters and classical economists. His political ideals resound among constituents who believe a prosperous nation is one with little to no government intervention. Further, his positions on taxes follow that of â€Å"The Father of Supply-Side Economics†, Arthur Laffer (The Laffer Curve, 2011). Laffer’s theory points out that a government would not collect any revenue if tax rates were at 0% and 100% (Laffer, 2011). His reasoning is that taxes have

Design for Manufacturability free essay sample

This paper explores design for manufacturability using several scholarly journal articles and books from different sources and industries. It starts by examining the definition of design for manufacturability as it pertains to managers of supply chains. The paper then discusses a fundamental topic that provides a foundation for learning design for manufacturability: the principles of design. The next section of this paper outlines the benefits that design for manufacturability has if a company chooses to implement it into their operations. Following the benefits of design for manufacturability are several key guidelines that will give a company the best chance for success while using design for manufacturability. The tools used in design for manufacturability are discussed in the next section of the paper. The drawbacks to design for manufacturability follow the discussion of the tools used. Finally, this paper concludes with an in-depth look at the Pro-DFM method of evaluating design for manufacturability in a company. Definition of Design for Manufacturability In today’s fast-paced world, every business is looking to have a competitive sustainable advantage over the competition. If a company wants to achieve this, they need to continually reduce costs, improve quality, enhance customer service, and so forth. To survive in the market, products must satisfy and delight customers. In order to do this, design is the most important aspect. By having a good design, half of the customer’s demand has been satisfied. Having a good design can also help enhance quality of the parts used, increase productivity, and reduce costs in manufacturing and assembly processes. Design for manufacturing is a process that is concerned with understanding â€Å"how product design interacts with the other components of the manufacturing system and in defining product design alternatives that help facilitate global optimization of the manufacturing system as a whole† while still satisfying customers. (Huang, 2003, P. 1) It encompasses areas such as â€Å"mechanicals, enclosure and assembly, thermal concerns, fabrication, component selection and procurement, component assembly, test, inspection, rework and repair, and cost. † (Blankenhorn, 1993, P. 15) More often than not, employees responsible for product development create designs where the cost cannot be clearly defined or are considered too costly. Studies show that about 70 to 80 percent of the cost of a product results from the design stage. (Venkatachalam, 1992) Design for manufacturability is â€Å"a cutting-edge improvement program that can reduce labor, material, and mass requirements without sacrificing the integrity of the product or process. † (Huang, 2003) Principles of Design Before one can begin to understand the capabilities of design for manufacturability, it is important to understand design as a whole. There are four main decisions that pertain to design: what to design, who is going to design it, how it is going to be designed, and what technology is needed for the design process. (Youssef, 1994) There are several principles of design, as noted by Gerald Nadler, Ph. D. , P. E. of the University of Southern California. The first is the uniqueness principle, which states that each design should be treated as a different project than the last. It is this principle that creates breakthrough designs. (McClure, 1999) The second principle is purpose. The moment that a problem occurs, one should question what the purpose of solving the problem is. By doing this, assurance that the correct problem is being solved is created. Thirdly, the solution-after-next principle follows. According to Nadler, â€Å"This sets a problem, and even the purpose, aside for the moment and asks, if you had already arrived at an ideal solution, what new challenges would confront you. † (McClure, 1999) By thinking in this way, the solving the problem becomes a continuous process, as opposed to an end. Next comes the third principle of systems. A single problem is part of a much larger matrix that contains many different elements. The solution of one problem most likely will not result in total success for the entire project, as it is a part of a system. The fifth principle is the limited-information principle. â€Å"The traditional problem solving approach is to bring in a consultant who is an expert in supposedly similar problems or to become an expert in the problem yourself by delving into past problems that seem familiar. † (McClure, 1999) Information should be limited so that, like traditional problem solving, it is not time consuming and cluttered with useless information. The people-to-people principle is the sixth principle suggested by Nadler. Anyone that has to do with any area of the problem needs to feel that they are included in implementing a solution. The final principle discussed is the betermant timeline principle. The familiar phrase â€Å"If it ain’t broke, don’t fix it† can only be used for the short term. Over time, everything wears out eventually due to change in external and internal factors. Solutions to problems should be monitored to help track change and evaluate improvement. McClure, 1999) Requirements Before Pursuing Design for Manufacturability After learning about these principles to design, one can now start to understand design for manufacturability and its effects on the design and manufacturing process. While keeping in mind that design for manufacturability creates the reduction of costs, labor, and lead times, there are several considerations that will help a company find operations that make design for manufacturability successful. With any type of design in any company, it is extremely important to discover what the customer is requiring of you. One must determine whether the customer wants something completely different or an upgrade of what is currently being offered. The processes used in creating designs should be looked at as well to see if they are reliable enough to handle the new design. If the processes already used cannot handle the capability of design for manufacturability, new ones need to be created. (McClure, 1999) Tolerances are an important aspect of determining whether design for manufacturability is feasible for one’s company. Can the manufacturing plant handle the tolerances that the process calls for? If not, is there a company that can be subcontracted to handle the tolerances? These are both questions that should be answered in relation to tolerances in design for manufacturability. Another factor is repeatability. This is affected by the tolerances of the processes. An important question is to determine whether the design can be repeated quickly and accurately for every single product. (McClure, 1999) In the process of design for every company, the costs of manufacturing along with the material costs and availability of those materials should be well thought through and planned. This involves the discussion of how much labor is going to be required, where resources can be found, and the lead-time for those resources. Ergonomics also plays an important role in design for manufacturability, as it is â€Å"The  applied  science  of  equipment  design,  as  for  the  workplace, intended to maximize productivity by reducing operator fatigue and discomfort. † (Ergonomics, 2011) This will allow for a shortened manufacturing process along with better employee morale. Safety is a much-needed consideration for design for manufacturability. All processes created to carry out the design should be as safe as possible for employees. In order to carry out safety and the process as a whole, technology should be looked at. It is important to figure out whether technology is readily available from other projects or if it needs to be developed especially for this design. The reliability of the technology needed for the design should be assessed as well. (McClure, 1999) The following checklist can be used to help determine operations that will need the most work in implementing design for manufacturability: Figure 1: Checklist to evaluate the company’s operations pertaining to Design for Manufacturability (McClure, 1999) Benefits of Design for Manufacturability Implementing design for manufacturability has four main benefits. The first is that it can result in a simplification of the product’s design. Secondly, there is an integration of parts, which results in the reduction of total parts overall in the design thus reducing costs and improving reliability of the product. Next, there will be an improved productivity due to the standardization of components and lower inventory. Lastly, there will be a reduced development cycle time, which will allow for products to be produced quicker and more efficiently resulting in more satisfied customers. Venkatachalam, 1992) Along with the direct benefits to a company that implements a design for manufacturability, there are indirect benefits. Organizations can improve their competitive stance in their respective markets. Design for manufacturability can help to break down the barrier between the design and manufacturing processes, along with increasing employee moral. The process also has an effect on warranty claims for products. It can help to reduce the amount of claims that occur with given products. (Venkatachalam, 1992) Keys Guidelines for Successful Implementation The success of the implementation of design for manufacturability depends on two main factors. The first is â€Å"a commitment and support from top management to bring about cultural changes, establish goals and objectives, and determine the dimensions on which to compete† (Youssef, 1994) and the second is several key guidelines. Management should create improvement programs and evaluate these programs regularly. These programs will allow for the company to continuously improve their processes and can be applied to every area of the company, not just manufacturing. The focus should also be on teamwork, which plays a huge part in design for manufacturability. In order for design for manufacturability to have a lasting positive effect, emphasis should be on the long-term as opposed to short-term productivity boosts. Another activity that management can do that will help the design for manufacturability process implementation is to have a close relationship with suppliers and customers. â€Å"The successful implementation of these cultural changes will foster full integration of all activities and functions involved in creating a product or providing a service. † (Youssef, 1994, P. 4) There are several key guidelines to follow while implementing the design for manufacturability process. The first key guideline is to understand the manufacturing problems that have occurred in past products along with the issues of current products. Understanding the problems and issues with these products in the areas of manufacturability, quality, serviceability, and others allow for one to learn from past mistakes to prevent them from occurring in the future. It is especially important to understand past mistakes if the engineering used in previous products is being applied to new designs. If the mistakes from the past are not caught, the design for manufacturability process will not work as well as it should. (Anderson, 2010) The second key guideline is to design for easy parts fabrication, product assembly, and material processing. Although the cost of labor may be minimal when compared to the selling price of the product, issues with these three activities can create excess costs. They may also cause delays in production along with demanding the time of significant resources. As expressed in the definition of design for manufacturability, its goal is to minimize costs. By not designing for easy parts fabrication, product assembly, and material processing, the design for manufacturability process is not being achieved. (Anderson, 2010) The third key guideline to design for manufacturability is to follow specific process design guidelines that have been pre-determined by research. The significance of using specific design guidelines for parts to be created by specific processes is greatly expressed. All processes have their own set of guidelines that show how to make the specific parts. In order to receive the guidelines, one can research each process and find a plethora of information. Anderson, 2010) The fourth key guideline is that the product should be designed in such a fashion so that the same part can be used in both left and right hand modes. Mirror image parts should be avoided wherever possible. If the parts are not performing as both left- and right-handed functions, features should be added so that the parts can act as such. In order to avoid this altogether, one should design paired parts instead. The purchasing of paired parts is for twice the quantity and half the number of types of parts. This has the possibility of having a significant impact with many paired parts at a high volume. An example of paired parts is a briefcase. Most people who own a briefcase have opened it upside down at one point. This is due to the fact that a briefcase is made using paired parts. (Anderson, 2010) The fifth key guideline is that parts used in the process should also be designed using symmetry. This is so that the part does not have to be rotated to fit during the assembly process. During an automatic assembly, these parts do not require the machine to have sensors or special mechanisms that scan the part and rotate it correctly. The money saved from not having to create machines like this will outweigh the costs of making the parts completely symmetrical. Felt-tipped pens utilize symmetrical parts in the way of the felt tip. It is pointed at both ends so that the machine used to manufacture it does not need to rotate the parts to fit correctly. (Anderson, 2010) If completely symmetrical parts cannot be achieved, it is recommended that parts be made as asymmetrical as possible. The worst part for the process of design for manufacturability is a part that is slightly asymmetrical. This may cause the machine to install the part incorrectly because the sensors could not recognize that the part was not symmetrical. More harmful than this is the fact that the machine could potentially force the part into place. By creating parts that are very asymmetrical, machines may be able to orient the part with less expensive sensors so that minimal cost is achieved. (Anderson, 2010) On a similar note, the manufacturing process should be understood well enough so that parts can be designed and dimensioned for fixturing. Parts that are designed for automation need registration features for fixturing. The parts of the manufacturing machine need to be able to grab the piece and hold it in a known position accurately for all sequences that the part is used. This requires the registration of locations in the machine’s memory. (Anderson, 2010) Concurrent engineering should be used in parts and tooling to help minimize complexity, cost, and leadtime. (Anderson, 2010) It â€Å"involves separating product realization activities so that design activities can be executed independently while simultaneously incorporating relevant information from downstream domains such as manufacturing, assembly, or recycling. (Xiao, 2007, P. 429) This will also maximize throughput, quality, and flexibility. â€Å"Concurrent engineering is based on cooperation, synergy, frequent communication, and the anticipation of potential business and technology problems. † (Nuese, 1995, P. 109) It is a natural by-product of self-directed work teams. Each team has its own development team that has a broad range of skills and who carry out a program from beginning to end. Concurrent engineering puts the power to do things in the hands of the people who know the most about whatever the project is. By having teams that are multifunctional, there is more of a chance that problems in all stages of development will be caught and fixed. Concurrent engineering has the potential to reduce developed cycle time by about 40-60%, reduce manufacturing cost by 30-40%, reduce scrap and rework by 75%, and reduce engineering change orders during production by about 50%. (Nuese, 1995, P. 110) The last key guideline is that quality parts should be specified by reliable sources. There is a rule called the â€Å"rule of ten† that states that it costs ten times more to find an repair a defect at the next stage of assembly. At the sub-assembly level, it costs ten times more than at the part itself level. At the final assembly level, it is one hundred times the part itself level. At the distributer, it is one thousand times more than the part itself level. Finally, at the customer level, it is ten thousand times more than the part itself level of completion. In order to prevent this from happening, steps in cutting parts should be minimized in order to improve accuracy. The minimum number of tools used to cut the part should be minimized as well. Lastly, the tolerance step functions should be understood and specified. Each process used to produce parts has a certain tolerance limit. If the tolerance is close to the limit, a different process should be used that has a higher tolerance limit. (Anderson, 2010) Tools of Design for Manufacturability The implementation of the design for manufacturability approach requires coordination between many different tools. Some examples of tools include, but are not limited to: the axiomatic approach, design for manufacturability guidelines, design for assembly, the Taguchi method, process-driven design, facility-specific design for manufacturability, computer-aided design for anufacturability, and traditional approaches. The axiomatic approach’s main goal is to optimize manufacturing systems through the use of axioms, also known as good design principles. There are two steps involved in this process. The first is the specification of the functional requirements of the end product. The second step is specifying the constraints. (Venkatachalam, 1992) Design for manufacturability guidelines are frequently used and have been created from years of design and manufacturing experience. Design for assembly aims to create quantitative evaluations of the ease of assembly in designs. The Taguchi method is focused on the development of robust designs. The main steps in the process are to identify product and process concepts that are insensitive to changes and to determine the optimal values of parameters in designs that allow for the maximum robustness. Process-driven design is â€Å"based on the application of process specific expertise in the form of heuristics while designing a product to be manufactured using a specific process. (Venkatachalam, 1992) Facility-specific design for manufacturability allows for the design of products to be created using facilities that are specialized for manufacturing. Computer-aided design for manufacturability is different types of software that improve the quality of products and process design decisions in the beginning of the design stage. Traditional approaches include items like group technology, failure mode and effects analysis, and value analysis. Each of these try to help the company avoid failure when it comes to designing a new product along with cutting the cost of the operation. Venkatachalam, 1992) A fundamental element of design for manufacturability is a process for product development that â€Å"involves the use of multi-function teams, working to design marketplace winners, not simply products that are easier to assemble. † (Youssef, 1994) It is this distinction that will put one’s company at a competitive sustainable advantage in the respective market. It has been proven by Hewlett Packard that choosing not to use design for manufacturability can have severe consequences. Hewlett Packard’s competitors in its market, which includes Toshiba, American Inc. IBM, and Epson, all turned to higher, more advanced levels of design for manufacturability and Hewlett Packard did not. The result for HP was a product that was not competitive with others in the market along with shrinking business. (Youssef, 1994) Drawbacks to Design for Manufacturability Just like anything in business, design for manufacturability also has drawbacks, even though there are numerous benefits from using the process. Current tools in the design for manufacturability process do not take into account all of the manufacturing capabilities that are included in the manufacturing process. They also do not take tolerances into consideration. Most of the tools also do not take the cost of fabricating an assembly part into account. Another drawback is that it is not completely clear as to whether the design for manufacturability tools are accurate enough to help make correct design decisions when the profit margin of a product is low. The biggest drawback of them all is that if design for manufacturability is not implemented correctly and with 100 percent commitment, it could potentially hurt a company rather than help it. This is the biggest risk that a company takes when it chooses to implement design for manufacturability. Youssef, 1994) Evaluating Design for Manufacturability using Pro-DFM There are numerous ways to evaluate design for manufacturability in a product’s manufacturing process. One common way is the use of Pro-DFM. Pro-DFM is â€Å"a multi-criteria model for manufacturability analysis that identifies product realization opportunities for cost reduction. † (Das amp; Kanchanapiboon, 2011, P. 1199) This creates a template for the evaluation of design for manufacturability while simultaneously allowing the actual evaluation to be derived from the judgments of users for a specific process and design. Having a setup like this allows for the model to be used in a wide range of industries. New product development teams take their design for manufacturability knowledge and convert it to a measure known as the manufacturability penalty. (Das amp; Kanchanapiboon, 2011) There are four features that create the Pro-DFM evaluation. The first is that it is based on user evaluations. Design for manufacturability evaluations have a tendency of being extremely company specific due to the fact that plants, workers, and profit margins are different for each company. Pro-DFM creates a common format and scale for the evaluation, but it is the responsibility of the new product development team to select relevant responses. The second feature is that it is a multi-factor model, which â€Å"analyzes a new design with three different factors: part fabrication processes, product assembly processes, and inventory costs. † (Das amp; Kanchanapiboon, 2011, P. 1201) Each factor is evaluated independently using multiple criteria. The third feature is a scaled query evaluation. The evaluation criteria used in Pro-DFM is represented as simple queries.

Remedies of contract breach free essay sample

Howcan Pte Ltd then gets SureCan Pte Ltd to transport perishable goods from China to Singapore. The ship is supposed to transit via Vietnam. The goods are shipped out of China, but due to improper planning on the part of SureCan Pte Ltd, they are wrongly dispatched in Vietnam and further, SureCan Pte Ltd has not bothered to remedy the situation. Howcan Pte Ltd managed to trace the goods, but by that time, the goods have already gone bad. Howcan Pte Ltd is thinking of writing off its losses instead of suing SureCan Pte Ltd as the latter is in liquidation. However meanwhile, the liquidator of SureCan Pte Ltd wants payment for shipping the goods from China to Vietnam. (a) Is SureCan Ltd entitled to any payment? According to the general rule, one cannot seek payment from the other party if he has not completely performed his obligations, so the contract was not discharged by performance. In the case of Ocean Projects Inc v Ultatech Pte Ltd (1994), the defendants were engaged to transport the goods from Houston to Dumai by ship. They loaded the goods from Houston but, due to some reason, unloaded them in Singapore without going to Dumai. Since they did not complete the voyage, the court held that the defendants were not entitled to any payment for shipping the goods from Houston to Singapore. The same rationale applies in this case as well. Payment is conditional only upon complete performance. SureCan did not complete the contract and wrongly dispatched in Vietnam instead of Singapor. Therefore, in this case, SureCan is not entitled to any payment because it did not completely perform its obligation of shipping the goods from China to Singapore. However, there are four exceptions to this general rule. If SureCan has fulfilled any one of the exceptions, it may nevertheless be entitled to some payment. The first exception is substantial performance. If there is no complete performance, but there is substantial performance, the party performing may nonetheless be able to claim the contract price, less the cost of making good any omissions or defects in execution. As stated in the contract, SureCan needed to ship the perishable goods in proper condition from China to Singapore, by transit via Vietnam. Since the goods were shipped from China to Vietnam but were wrongly dispatched in Vietnam, there was no substantial performance as the goods did not reach its supposed final destination which is Singapore. Hence, Sure Can is not entitled to any payments under substantial performance. The second exception is divisible contracts. Certain contracts may be divisible into stages, and after each stage is completed, the party performing will be entitled to payment. However, from a legal standpoint, there is no mention of any divisions within the contract in the question. Furthermore, delivery job is normally regarded as an entire obligation. It is very hard to divide it into different stages since the goods have to reach the buyer’s hand eventually for the credit of full performance. The customary practice for payment of shipping goods by sea is to make the full payment only after the contract is fully performed. Therefore, SureCan cannot seek payment by divisible contract. The third exception is prevented performance. If SureCan has begun performing his obligations, but has been prevented by the HowCan from continuing, SureCan who has performed part of the contract may nonetheless be entitled to payment on a quantum meruit basis, that is, payment based on the value of services rendered. In this case, there is no prevented performance, since HowCan did not prevent SureCan from completing its contractual duties in any way. The failure to transport the goods to its destinated location was solely due to SureCan’s lack of proper planning and irresponsibility as it did not bothered to remedy the solution. As such, SureCan is not able to receive payments on the basis of prevented performance. The fourth exception is acceptance of partial performance. If SureCan has not completely performed his obligations and HowCan, by words or actions, shows that he accepts the incomplete performance, SureCan who has not completely performed the contract may nonetheless be able to claim on a quantum meruit basis. In this case, if HowCan who traced the dispatch in Vietnam and foresees the inability to deliver the goods in time didn’t take any measure against SureCan, HowCan may show acceptance of partial performance. However, HowCan will not accept the goods at all as the goods have already gone bad and cannot be used anymore. As such, SureCan cannot receive payments by acceptance of partial performance. Furthermore, the delivery of goods from China to Singapore can be considered to be a condition, with which it should be delivered to HowCan in the same condition as when SureCan had received it from Panda. In this sense, SureCan has breached a condition which leads to a fundamental breach of contract. Also, the failure of SureCan in delivering the perishable goods to Singapore on time has caused the goods to go bad, rendering the goods to lose their commercial values. Therefore, the consequence of breach is very serious as Howcan is deprived of the substantial benefits of the contract. In light of these, HowCan the innocent party, is thus able to terminate the contract, rendering SureCan no payment at all. (b) From a business / practical point of view, how could HowCan Pte Ltd have protected itself? Firstly, the contract should explicitly state the terms of each party’s obligations and penalties if either one fails their responsibilities. In this case, HowCan Pte Ltd should expressly state a term that SureCan Pte Ltd will be entitled to payment only if there is complete delivery from China to Singapore, and the goods are delivered on time and in proper condition. If the delivery is not complete or the goods have perished due to improper planning or negligence, penalties will be incurred and no payment will be entitled to SureCan. Secondly, HowCan can purchase a Trade or Cargo Insurance Policy which will provide coverage against loss or damage of goods caused in shipping transit. For example, the Marine Cargo Insurance offered by Tokio Marine Cargo Insurance provides indemnity and financial protection for loss of or damage to cargo during transit. It covers the mode of transport by Sea, Air, Rail and Land, and is designed to indemnify the insured party against any physical damage or loss that occurs during transportation. Under this insurance, HowCan will thus be capable of reducing or removing its financial burden that accompanies such potential damages and losses. Thirdly, HowCan should make the habit of consistently tracing and monitoring the goods in delivery. This will ensure proper delivery process, and also allows it to initiate timely remedies should anything goes wrong. Forthly, HowCan Pte Ltd should always do a check on SureCan’s reputation, delivery ability and financial status before getting into a contract with SureCan to ship their goods. Since SureCan was already in liquidation, it is a sign that perhaps indicates SureCan’s incapability to fully complete the contract. Hence, by checking SureCan’s track records beforehand, HowCan can minimise the risk of its goods being damaged in the voyage, and also avoid the situation where SureCan may not be able to recover the losses due to the fact that it is in liquidation.(c)What if the contract required shipment to HowCan Pte Ltd’s warehouse in Singapore, but the goods were left in the port upon arrival in Singapore and HowCan Pte Ltd then manages to get the goods to the warehouse within time at its own cost? In this case, even though the contract requires the shipping from China to HowCan’s warehouse in Singapore, it can be argued that SureCan has carried out substan tial performance of the contract as the goods have already been successfully delivered to Singapore. The only thing left undone was to transit the goods to the warehouse, which could be reasonably and easily done on HowCan’s part. Furthermore, HowCan’s action of delivering the goods itself from port to its warehouse also indicates that it accepted SureCan’s partial performance. Therefore, SureCan will receive the payment on a quantum meruit basis, which is the full payment of the contract minus the costs incurred by transiting the goods from port to the warehouse. In addition, if it was a divisible contract which expressly stated that SureCan is able to get part of the payment after completion of one stage which is to ship the goods to the Singapore port, SureCan will be entitled to that portion of the stipulated payment. However,Surecan might not able to entitle any payment under the following two situations. Firstly, if the contract expressly contained a term which stated that â€Å"only complete delivery from China to HowCan’s Singapore warehouse will entitle SureCan the full payment†, SureCan will thus not receive any payment since it has not fulfilled this term. Secondly, if Howcan has no choice but to accept the incomplete performance ,the acceptance of partial performance will not be valid. since the goods are perishable ,if Howcan did not get the goods from the port by themselves within time , the goods will be expired. late delivery will influence its quality and thus losses may occur if Howcan was going to re-sell the goods to other suppliers. Howcan could not reasonably be expected to leave them in the port and let it spoiled. Hence, there would be no acceptance of partial performance since Howcan accepted it under no choice situation. Therefore, Surecan is not entitled to any payment. Question 2 Bambang an Indonesian company entered into a contract on the 1 September to sell and ship goods to Mirlyon, a Singaporean company. The contract provides that the goods are to be shipped from Indonesia by 10 September. Bambang is intending to use Port Jarpadee which is near its warehouse. However, there are strikes in Port Japardee throughout September making it impossible to send the goods from there. Assuming Singapore law governs the contract, (a) Will Bambang be in breach of contract if it does not ship the goods as a result of this? In this case, the questions lies in whether the contract is terminated by frustration or by breach of contract. The issue here is whether termination by frustration applies in this case. Frustration is the happening of an unexpected event beyond the control of the parties, after the making of the contract but before the completion of the contract, which makes further performance of the contract either illegal, impossible or radically different from what was originally envisaged by the parties. In this case, the unexpected event which was the strike in Port Japardee occurred after the making of the contract, since the contract was signed on the first day of September while the strikes were said to happen throughout the month of September. The strikes were also beyond the control of the parties since both parties are unable to take any action to stop the strike. There is no illegality in this case regarding the contract between Bambang and Mirlyon. Thus, the focus of this case will be more centered around the other two factors. Firstly, impossibility can relate to the subject matter of the contract being destroyed before the completion of the contract. Bambang entered into a contract on the 1st September and there were strikes in Post Japardee after Bambang has entered the contract. Since the strikes would be throughout September, making Bambang impossible to send the goods from Port Jarpadee, the contract could be discharged by frustration and Bambang has not breached the contract. However, the contract did not state that Bambang has to ship the goods from Port Japardee. The only conditions provided were for the goods to reach Mirlyon’s warehouse by September 10. The reason that Bambang wants to ship the goods from Port Japardee is that it is near its warehouse and hence it will help them to minimize the costs. Shipping from Port Jarpadee is not mandatory. As such, even if there were strikes taking place in Doom airport, Bambang could still have used another airport to send the goods to Singapore before the deadline. As seen from the case of Tsakiroglou v Noblee (1962), the court held that the contract was not discharged by frustration as there were still alternative routes the plaintiff could have used. Thus in this case, the contract cannot be terminated by being radically different from What was originally envisaged by the parties. Even though it might be more expensive for Bambang to use another method of transportation to ship the goods to Singapore, if Bambang had chosen not to do so, it will amount to a breach of contract. Unless otherwise, the cost increase are so extreme as to be astronomical, which makes the contract radically different from what was originally envisaged by the parties, the contract could then be terminated by frustration and Bambang will not have breached the contract. On the other hand, if the frustration is self-induced, the party at fault cannot plead frustration to get out of the contract. For example, if the parties could have reasonably foreseen that a particular event would occur and nonetheless decided to go ahead with the contract, it is unlikely that the doctrine of frustration would apply. In the case, the strikes in Port Japardee throughout September made Bambang impossible to send the goods from there. However, Bambang may have foreseen the strikes since there would have some rumors and signs of strikes before they happen. Bambang may have fully aware of those rumors that there could be a possibility that it could not send the goods from Port Japardee, but it has still decided to go ahead with the contract. Therefore, if this is the case, the contract is not frustrated and Bambang will be breaching the contract if it does not ship the goods. In conclusion, if the Courts eventually rules that Bambang is in breach of the contract, Mirlyon would be able to sue Bambang for the breach and claim for the damages. What if there was a force majeure clause in the contract which stated: (i) The contract would be suspended if there were strikes, riots or civil disturbances which make it impossible to ship the goods out of Port Japardee and (ii) Such a suspension would be for a period of 8 weeks. If the strikes, riots or civil disturbances cleared up before the end of the 8 weeks, the time for the performance of the contract would be extended. Otherwise the contract would be discharged. A force majeure clause relieves people of liability of unexpected events in the contact. They can provide a period of suspension (instead of immediate termination under the doctrine of frustration). It allows the parties to wait and see before making a decision. If there was a force majeure clause which narrowed down what amounts to frustration discussed in part (a), the question lies in whether the clause is applicable in the situation. The clause states that strikes, riots and civil disturbance will suspend the contract, and strikes can be deemed as supervening events which arise without the fault of both parties. So the clause can apply in this situation. The clause sets a time frame of 8 weeks for the suspension. If the strike ends within 8 weeks, then Bambang is responsible to ship the goods before the new deadline they agreed upon, otherwise Bambang will be liable of failure to fulfil its obligation. If the strike ends beyond 8 weeks, then the contract can be discharged, and both parties will be dismissed from their obligations. Since Port Jarpadee now becomes the exclusive port to ship the goods, the contract will be suspended if there were strikes in the port. From the information given in the case, the strikes did happen in the Port Jarpadee which makes Bambang impossible to send the goods from there, so the contract will be suspended due to the force majeure clause. If the strikes end by September, the time for the performance of the contract will be extended after the strikes are cleared. Thus if Bambang does not ship the goods at the beginning of October, he is considered to have breached the contract. Question 3 Able Pte Ltd, a company involved in renovation agrees to renovate Mr Oh Noh’s house. But after the hacking had started, the company realizes there is no way it can finish on time, as it has over committed itself by doing many other renovations in many other places at the same time. It is also short of workers. So Able Pte Ltd completely stops renovating Mr Oh Noh’s house as it is the least profitable project of the lot. (a) Is the company excused by reason of frustration if it does not perform the contract? In this case, whether or not there is frustration depends on both the foreseeability of overcommitment the shortage of workers and whether or not the frustration was self-induced by Able. If Able could have reasonably foreseen that a particular event would occur and nonetheless decided to go ahead with the contract, the doctrine of frustration would not apply, since it is not considered as a happening of an unexpected event even though it is subsequent to the making of contract. In the case of Housing and Development Board v Microform Precision Industries Pte Ltd (2003), the court held that the inability of the defendant to secure an adequate supply of workers to meet its renovation commitments â€Å"cannot by any count be regarded as an unforeseen contingency†. Assuming Able is a company with much industry experience, it should have knew beforehand that it would not be capable of committing to so many renovation projects at the same time, and that there would be shortage of labours. As such, despite knowing this fact and Able still decided to sign the contract with Mr Oh Noh, Able will most likely not be excused by frustration based on the above reasoning. Secondly, if the frustrated event has been brought about due to the conduct of one of the parties, frustration would be self-induced and hence frustration cannot be successfully raised. In the case of J Lauritzen AS v Wijsmuller Bv ,The Super Servant Two (1990), the court held that the defendant’s inability to fulfill his contractual obligations was self-induced by his own decision since they could have assigned super servant one to this contract but decided not to do so. Able should not push its limitations by taking too many projects at the same time. It also had a choice to do Mr oh Noh’s renocation first instead of doing others. Hence, the contract is not discharged by frustration. In addition, according to Davis Contractors Ltd v Fareham UDC (1956), labour shortages do not make the contract radically different from what was originally envisaged and thus the contract will not be considered as frustrated. In the case above, the contractors argued that the contract was frustrated by labour shortages but the court held that the contract was not frustrated. Hence, the company cannot be excused by the reason of frustration if it does not perform the contract. As such, it is unlikely for Able Pte Ltd to be excused by reason of frustration due to the foreseeability in the lack of manpower and time. If 2 months have passed and no further work has been done, despite Mr Oh Noh’s repeated calls – what are Mr Oh Noh’s rights? Mr Oh Noh has the rights to act according to the actions exhibited by Able. Repudiation occurs when one party by words or conduct shows to the other that he no longer intends to continue performing his obligations or be bound by the contract. Repudiation may be actual or anticipatory. It is actual when the date for performance is due, and anticipatory when the date for performance is yet to be due. If 2 months have passed and no further work has been done, despite Mr oh Noh’s repeated calls, it would indicate that Able showed an intention not to perform his obligations. In this case, Able conduct of ignoring Mr Oh Noh’s repeated calls and refusing to start the project for two months can be considered as repudiation as it would seem that Able Pte Ltd no longer intends to go ahead or be bound by the renovation contract. Assuming that the deadline for completion is not yet due by the end of the two months, Able Pte Ltd would be in breach of anticipatory repudiation. However, it can be argued that if the renovation work is due after 2 months, the fact that Able Pte Ltd completely stopped renovating Mr Oh Noh’s house and did not reply to Mr Oh Noh’s repeated calls did not clearly convey to Mr Oh No that Able did not want fulfil the contract. Thus, there is no anticipatory breach by Able. There needs to be a clear notice from Able Pte Ltd to Mr Oh Noh that explicitly states that it no longer want to carry on with the contract before Mr Oh Noh can sue Able for anticipatory breach. Thus, he needs to wait for the date of performance to be due before he can sue Able for actual repudiatory breach and claim for any losses and damages. It should be noted that Mr Oh Noh can also choose to not to terminate the contract. It is not compulsory for the innocent party to terminate the contract. Mr Oh Noh has a choice. He can either terminate the contract or decide to keep the contract alive and affirms it. After the affirmation, Mr oh Noh is still able to sue Able company later for damages or losses incurred in the two month unless he waived his right to do so. However, Mr Oh Noh has to aware that if he decided to keep the contract alive , then it is kept alive with all the enduring consequences. For example, if the contract is terminated by frustration like his house being burnt down accidentally in the later of time , Able company would not be liable for breaching the contract or any damages incurred anymore. (c) Is the company entitled to any payment for the hacking? Since Able Pte Ltd has not completely performed its obligations under the contract, the general rule applies that the company cannot seek any payment from Mr Oh Norh or the hacking. However, there are a few exceptions. The first exception is substantial performance. To be able to claim substantial performance, there has to be a fulfilment of the obligations agreed to in a contract, with only slight variances from the exact terms and/or unimportant omissions or minor defects. In this case, the contract states that Able Pte Ltd is obliged to renovate Mr Oh Noe’s house. While only hacking was performed by Able. The obligation to renovate Mr Oh Noh’s house is not fulfilled and thus there is no substantial performance. The second exception is divisible contract. A divisible contract is one where the promises are independent of each other. Each promise can therefore be performed separately and payment can be claimed for the completed parts. If the contract between Mr Oh Noh and Able is divided into stages, and hacking is deemed as one stage, then the payment of hacking accordingly will be entitle to the company. However, more often the contract is not divisible since renovation is a whole process. If it is divisible, then the company may abuse to just perform certain stages of the contract and receive payment accordingly. It will be hard for Mr Oh Noh to find another company to Continue with the renovation work. Hence, with an indivisible contract, Able cannot be entitled with the payment. The third exception is prevented performance. If one party prevents the other from completing the performance of the contract, then the other party can claim on quantum meruit for the value of the work completed. This exception is not applicable here as Mr Oh Noh does nothing to prevent Able but to ask for renovation work. It is Able itself stops working. Hence payment cannot be entitled in this case. The fourth exception is acceptance of partial performance. If one party has not completely performed his obligations, and the other party intimates that he accepts the incomplete performance, the performing party may be able to claim on a quantum meruit basis. In this case, Mr Oh Noh has no choice but to accept the incomplete performance as he cannot ‘undo’ the hacking done already or leave his house in its partially renovated state. Hence, there is no intimated acceptance by Mr Oh Noh. Hence, Able Pte Ltd will not be entitled to payment for the hacking done. Group A8 Group memebers: 1. Article for Discussion http://china15min. com/2013/07/10/camachos-china-story/ (Focus is on the section under â€Å"Camacho’s defeat† and â€Å"Secrets around the Contract†) 2. Legal focus of Discussion Termination of contract 3. Summary of Case Jose Antonio Camacho is a spaniard football coach hired by the Chinese Football Association (CFA) back in August 2011, with the intention of improving the performance of the National China Football Team for a contract period of 3 years. However, while Camacho fulfilled his role as a coach for 22 months, he oversaw an embarrassing 5-1 defeat at the hands of Thailand in June 2013, in addition to the fact that China had failed to qualify for 2014s World Cup. As a result, the CFA had decided to terminate their contract with Camacho at the 1. 5years, on the basis that Camacho had not made significant improvements to the performance of the National China Football Team. Chinese reports claimed that Camacho expected CFA to pay the express compensation amount as stated in the original contract, which was equivalent to 18 months of his salary, along with his hefty Chinese income tax bill (which was an ambiguous term since it was not stated clearly in the contract whether the compensation would be the after- or before-tax payment). The Beijing Times newspaper quoted that the association has only offered to pay the compensation amount, and refused to pick up his tax bill that amounts to almost $4 million. Eventually, the case was brought to FIFA and the Court of Arbitration for Sport for settlement, and the Court held that CFA was liable to pay Camacho the compensation amount along with his income tax bill. 4. Analysis of the Case Discharge by Performance To discharge a contract by performance, both parties to the contract have to undertake to do something and once that thing is done completely, the contract comes to an end by performance. In this case, the parties to the contract are CFA and Camacho. Camacho has been hired by the CFA in 2011 under a three-year contract, and CFA has agreed to pay after-tax annual salary of 2. 8 million Euros to Camacho in exchange for seeing improvements in the performance of the China National Football Team. However, the contract did not come to an end by performance since it has only been partially performed for 1. 5 years, until CFA gave Camacho notice to dismiss him of his position, instead of being fully performed for 3 years. Discharge by frustration To discharge by frustration, there has to be the happening of an unexpected event beyond the control of the parties, after the making of the contract but before the completion of the contract, which makes further performance of the contract illegal, impossible or radically different from what was originally envisaged by the parties. Termination by frustration will not be applicable in this case since there had been no unexpected events beyond the control of the parties from the facts given. Camacho has some control over the performance of the team as he played a significant role in leading and coaching the team. Failing to obtain improvements would not be an unexpected event since he could have reasonably foreseen the failure while he was leading the team for the past 1. 5 years. Discharge by Fundamental Breach Fundamental breach occurs when one party without expressly or implicitly repudiating the contract, commits a fundamental breach of the contract, such as a breach of condition. Through two years efforts, remarkable and positive change should be achieved on the style and tactics of China’s national team† Term of contract CFA tried to terminate the contract since it believed that there was a fundamental breach of term by Camacho due to a lack of considerable improvement of the Chinese National Football Team. The improvement of the football team is a fundamental term deemed as a condition to the China National Football Team since the main intention of CFA to go into the contract with Camacho was to improve the performance of China National Football Team. However, Camacho did not bring positive changes to the team and lead the team towards a better performance. From the facts given, the national team dropped from 73th to a record low of 109th in the FIFA rankings March 2013 under Camacho, and also failed to qualify China for next years World Cup. From the perspective of CFA, Camacho has breached the condition of the contract, thus CFA intended to discharge the contract due to a fundamental breach of condition by Camacho. However, from the perspective of Camacho, the argument held by CFA would not be sufficient to terminate a contract. Firstly, CFA cannot prove that Camacho has breached the term as there were no specific indicators of performance provided. The contract did not have an express quantifiable term that stated what exactly amounts to â€Å"remarkable and positive change†. The fact that there was a drop in ranking does not imply that there is no positive change brought by Camacho to the team, since this may have been resulted from the fast improvement of football teams from other countries relative to China National Football Team. Secondly, the contract clearly stated that Camacho had to bring positive changes to the team within the time frame of two years. When CFA made a unilateral decision to terminate the contract after 1.5 years, they failed to recognize the fact that there was still 6 months available for Camacho to produce satisfactory results. Since there is ambiguity in the term and CFA was unable to prove Camacho’s breach of condition, the contract cannot be terminated by a fundamental breach. Discharge by agreement â€Å"If CFA terminates the contract with Camacho, CFA needs to pay Camacho and his t eam a high breach penalty equal to the amount of one and a half years’ salary, which is 6. 45 million Euros in total (equivalent to 51. 5 million RMB), and generates the corresponding taxes of about 25 million RMB. Term of contract Since CFA was unable to discharge the contract by claiming Camacho’s breach of condition, it seek agreement with Camacho by agreeing to pay the compensation amount as stated in the term above. For this agreement to be enforceable, the four elements of a valid contract, namely offer, acceptance, consideration and intention to create legal relations, must be present. CFA’s offer to Camacho to terminate the contract by providing the compensation amount of 1. 5 years’ salary was destroyed by Camacho’s counter-offer that the income tax of the compensation should also be included. The new offer raised by Camacho is that the contract can be terminated by CFA, provided that the compensation amount stated in the term and the income tax is paid to Camacho. CFA accepted the offer and paid Camacho with this amount of money. There is consideration because Camacho received the money he claimed and gets the opportunity to seek his next job, and CFA is able to find another coach to the China National Football Team. Thus both parties get fresh benefits. Since this is a commercial agreement, there is presumption that both parties have the intention to create legal relations and the new contract will be made under seal or deed. Hence, with the four elements present, the new agreement to discharge the contract is valid and enforceable. Therefore, it can be concluded that the contract was discharge by agreement. 5. Implications In this case, the contract signed between CFA and Camacho seemed unfair to CFA. The contract expressly stated the obligations of the CFA, such as the unexpectedly high remuneration as well as the hefty compensation amount, and only vaguely stated Camacho’s responsibility on the contrary. However, it should be noted that the law does not guarantee fairness of the contract. From the business perspective, several improvements could be made to enhance the contract terms. Regarding CFA’s benefits: CFA should explicitly state its expectation to the coach, such as providing a quantifiable range in the world ranking where the Chinese National Football Team has to achieve e. g. to improve to a ranking between 60 and 70. In this way, t

Speech Coaching free essay sample

Problem Definition Communication, particularly oral communication is an essential skill, maybe more now than ever. With all of the electronic communication, good oral communication should stand out. Justification for Problem Definition Communication skills simply do not refer to the way in which we communicate with another person. It encompasses many other things the way in which we respond to the person we are speaking, body gestures including the facial ones, pitch and tone of our voice and a lot of other things. And the importance of communication skills is not just limited to the management world, since effective communication skills are now required in each and every aspect of our life. We can measure the importance of communication skills in the business sector when we take a look at job advertisements. There is little chance that you will come across an advertisement which does not mention that candidates should have good communication skills. We will write a custom essay sample on Speech Coaching or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page List of Alternative course of action . Hiring a speech consultant. 2. Onsite communication and speech training. 3. Online or remote communication and speech training. Evaluate Alternatives 1. Conduct in house training sessions. First we have to hire employees with high effective communication skills, with this the amount of investment in the communication training should be minimized, then to conduct a periodic and regular in-house sessions and workshops to develop and enhance their communication skills. . Communication training for all employees. Communication training will help business to grow, essential communication skills training is required to be provided to all employees, but more advanced levels of training should be provided to front liners and executives, as effective communication skills are important for business continuity and growth. The company will invest a lot in this training but most probably will gain the benefits of this investment. 3. Communication training for leaders and front liners. Provide top notch communication skills training for company’s leaders, who are expected to train and mentor their subordinates on how to communicate effectively. Providing this kind of training to front liners will help improving business and grow sales figures. Conclusion Recommendations First and third solutions are recommended to be conducted along with each other’s to help have better communication across the company and with external parties.

An American Coup essays

An American Coup essays The Gore versus Bush post-election was infinitely more exciting and significant than the actual contest. Who would have thought that such a boring and manipulated competition would culminate in an American style, Supreme Court-certified coup detat. It was seriously a coup. Something happened out of imagination. Al Gore is the elected President of the United States. He received 539,898 more votes than George W. Bush. But he does not sit in the Oval Office. How interesting. I think thats when POWER comes from, and having access to powerbomb you are right there in white house. Michael Moore calls the election of George W. Bush, An American Coup. He is totally right. With all of these powers, connections, and money Bush was able to take over the votes and sit where was belonged to Gore, and become the president of the United Sates. Ignoring right votes changed the solution. Bush didnt win the popular votes, but it didnt stop him from becoming president of the country. Fixing the presidential election was the next best step. All the predictions said the race was close with Bush enjoying a slight lead. A little rigging here, a little calling in some favors there and the deed would be done. The main objective in Florida was to screw the Blacks and Jews who would be voting for Gore. A lot of Blacks kicked off the voting rolls because they considered as felons. What a trick. Bush had something that Gore didnt have. He had the connection. He didnt win the votes from state of Florida, but he won his brother Jeb Bush governor of Florida. The law states that ex-felons cannot vote in Florida. That means 31 percent of all black men in Florida are prohibited from voting because they have a felony on their record. Harris and Bush knew that removing the names of ex-felons from the voter rolls would keep thousands of black citizens out of the voting booth. Black Flo ridians, ...

1.Should the sentencing process in the U. S. be changed Why or why not Essay

1.Should the sentencing process in the U. S. be changed Why or why not 2. Discuss the key relationships of the prosecutor with others in the criminal just - Essay Example They are supposed to deter individuals from committing crimes, they are supposed to incapacitate those who are likely to commit crimes, bring about the process of rehabilitation and finally, to punish those who do not follow the laws of society. However, as discussed by Bellisle (2007), the sentencing system in America seems to focus more on the idea of incarceration and putting people in prisons rather than on rehabilitation and allowing them to become productive members of society. The courts hand out sentences to eighty thousand criminal defendants every year and the number of those who go into prison are far more than those who are released (Richey, 2005). Sentences handed out by courts simply put people away for long periods of time while not looking at the impact it would have on the prison system or even the nature of their crime. Many violations of the law come with mandatory minimum sentences and these sentences can be as long as 10 years for some drug offenses. Instead of allowing a judge to come up with a reasonable idea for how long a person should be put away for smoking marijuana illegally, the laws give mandatory minimum sentences which have to be followed (Bellisle, 2007). The sentencing process could be improved drastically if the judges are trusted to establish their own criteria for punishments equivalent to the crime. Of course, it can be argued that race and ethnicity can creep into the issue when judges are allowed to have a lot of discretion with regard to sentencing but that issue can also be monitored by the higher courts to ensure that the sentencing remains fair and transparent. Undoubtedly, the transparency of the justice system is also hurt by the idea that prosecutors may manipulate the accused to get plea bargains and thus avoid trials in the first place (Murphy, 2004). In certain situations, the laws not only cause the crime to be enhanced in a crime, they may even double the minimum time which is mandated by the law. For