Brigham and Houston Essay Example for Free

Brigham and Houston Essay 1. Whenever we are interested in buying a bond from the bond market, the bonds issuer promises to pay back the principal (or par value) when the bond matures (Brigham and Houston, 2001). During this time, the issuer is obliged to pay interest in order to compensate the use of money. The interest payment is made on coupon rate which is fixed. There is an inverse relationship between the coupon rate and the bond prices, when: †¢ Interest rate increase, leads to rise in income, whereas the price of the bond declines. †¢ Interest rate decrease, leads to decline in income, whereas the price of the bond rises. Also we need to consider that the coupon rate is inversely related to duration because higher coupon rates lead to quicker recovery of the bond’s value, resulting in a shorter duration, relative to lower coupon rates. If coupon rate is greater than the market rate then it is favourable for issuer and if coupon rate is less than the market rate then it is favourable for purchaser (Brigham and Houston, 2001). The reason behind the variations in the coupon rates of various bonds is the market interest rate; company’s performance, time length, and credit worthiness of the issuer. So, all these factors have an implication on the bond yields. 2. Ratings of these bonds are determined on the basis of both qualitative and quantitative factors some of which are listed below: †¢ If a company uses conservative accounting policies, its reported earnings will be higher than if it uses less conservative procedures. †¢ Various ratios including the debt ratio and the Times Interest Earned (TIE) ratio also have some implications on these bond ratings. †¢ If company explores any new sites containing oil, gas, coal fields etc. †¢ Increase in the company’s sales net profit increase both domestically and internationally also uplift the bond ratings and it showed that debt holder show the confidence on the company’s policy. Bond ratings might take a downward leap when: †¢ There is a signal of bankruptcy, internal mismanagement and financial distress in the firm (Helfert, 2001). †¢ When the company does not abide by the law, i. e. it breaches the laws, this may be related to environment, etc. †¢ When the product life cycle is going downwards and company can’t add more products in their product line. †¢ Negative bond covenants also hits the bond ratings of the company. †¢ Labour unrest or strikes may cause instability in the bonds ratings. †¢ Economic recession in the country. 3. We know that whenever the interest rate rises, bond prices tend to fall, and when rates fall, bond prices tend to rise (Helfert, 2001). This primarily occurs due to the economic condition of the country and also because of the market sentiments. If the price of the bond goes down it is less attractive (pays less interest) in comparison with current offerings and when the price of the bond goes up it is more attractive (pays more interest) in comparison with current offerings. This may also be described as when the coupon rate is greater than market rate then it is favourable for issuer and if coupon rate is lesser than market rate then it is favourable for the purchaser. Some bonds are sold below par value, which means (at discount) or greater than par value, which means (at premium). This mainly occurs due to the risk perceived for the debt of that particular organization. Market interest rate fluctuations usually effect the performance of the bonds in the secondary markets. Federal bank monetary and fiscal policy, inflation rate, recession in the economy, etc are the factors that may force organizations to sell the bonds at discount or at premium. One must also consider that sale of bonds on discount or at premium also has some impact on the yield and also the maturity of the bond, the shorter a bonds maturity, the less its duration. Bonds with higher yields also have lower durations. Also the company’s performance reflects in bond valuations, i. e. its bond ratings, bond covenants and credit worthiness etc (Helfert, 2001). 4. The yield to maturity (YTM) is a reflection of the return on investment, that is earned at the current price, incase the bond is held by the issuer to its date of maturity and redeemed at par value. In other words, YTM is the discount rate that equates the present value of future inflows from the bond equal to its present price.

Comparative Study Between Pizza Hut And Dominos Business Essay

Comparative Study Between Pizza Hut And Dominos Business Essay This research is based on service comparison of pizza hut and dominos. Delivering quality service is of utmost important. This research is based to test the quality of service and comparison between two pizza Houses. The fast food industry of India is experiencing phenomenal growth and is one of the fastest growing sectors in the country, with the compounded annual growth rates of the market crossing 25%. Further, on the back of changing and busy lifestyle, fast emerging middle class population and surging disposable income, the industry will continue to grow at a pace in coming years. It now accounts for roughly half of all restaurant revenues in the developed countries and continues to expand there and in many other industrial countries in the coming years. But some of the most rapid growth is occurring in the developing world; where its radically changing the way people eat. People buy fast food because its cheap, easy to prepare, and heavily promoted. This paper aims at providing information about fast food industry, its trend, reason for its emergence and several other factors that are responsible for its growth. This report provides extensive research and rational analysis on the Indian fast food industry and tracks the changing dynamics of the market. It features market performance, key related sectors and competitive landscape of the market. The research study looks into the market condition and future forecasts, and outlines current trends and analyses. It has been made to help clients in analyzing the opportunities, challenges and drivers vital to the growth of fast food industry in India. For the purpose of this report, Fast Food Industry includes fast food restaurants, teahouses, coffee shops and juice bars in India. Consumers will be feeling the impact of the crisis far more over the coming months and will have to adjust their daily habits and attitudes accordingly. There are already clear signs pointing in this direction, which are not necessarily detrimental to food retail. In times of economic crisis, the cocooning effect tends to emerge and this involves consumers focusing increasingly on activities within their own homes. For example, they will go out less in favor of enjoying evenings in. These behaviors will impact primarily on the restaurant industry, with the lack of consumption outside the home made up for by the purchase of food products to be eaten at home, the research group noted something which has already been seen in a number of countries. Although only around half of consumers will actually be affected by the crisis, the situation will have a major impact on food retail. The various sectors, industries and retail will all be affected by the economic crisis to varying degrees. There will be losers, but also winners in this downturn. The 6000 corer fast food retail industry is mainly dominated by the multinational players and the key players which are active in the research of the food retailing include: Pizza hut Pizza Hut is one of the flagship brands of Yum! Brands, Inc., which also has KFC, Taco Bell, AW and Long John Silvers under its umbrella. Pizza Hut is the worlds largest pizza chain with over 12,500 restaurants across 91 countries. In India, Pizza Hut has 137 restaurants across 36 cities, including Delhi, Mumbai, Bangalore, Chennai, Kolkata, Hyderabad, Pune , and Chandigarh amongst others. Yum! Is in the process of opening Pizza Hut restaurants at many more locations to service a larger customer base across the country. Dominos Dominos vision is focused on Exceptional people on a mission to be the best pizza delivery company in the world! . Dominos is committed to bringing fun and excitement to the lives of our customers by delivering delicious pizzas to their doorstep in 30 minutes or less, and all its strategies are aimed at fulfilling this commitment towards its large and ever-growing customer base. Dominos constantly strives to develop products that suit the tastes of its customers, thereby bringing out the Wow effect (the feel good factor). Dominos believes strongly in the strategy of Think local and act regional. Thus, time and again Dominos has been innovating toppings suitable to the taste buds of the local populace and the Indian market has very well accepted these. Problem statement Why do people prefer Pizza-Hut over Dominos pizza (In respect of service, quality, price, location)? Research Objective To find out the comparative analysis between Pizza-hut and dominos-pizza. To check out the preferences of the people / or the customers. To find out which factors are more preferred by the customers. BACKGROUND OF THE PIZZA-HOUSES Dominos Story The Dominos Pizza story is one of passion, determination, the ability to overcome adversity and most importantly, a single-minded dream of becoming number one in the pizza home-dining industry. Four Decades Of Experience The 60s Dominos Pizza began with one store in Ypsilanti, Michigan on December 9, 1960. Its owner, Thomas S. Monaghan, was a 23-year-old student at the University Of Michigan School Of Architecture who was looking for a business venture to sponsor his studies. With his brother James, he bought an existing pizza store called Dominicks Pizza. He soon found himself absorbed in the pizza business and immediately began to make improvements. Although a novice in terms of pizza making skills and knowledge of the industry, Monaghan had the self-determination to get the job done and to do it better than anyone else. What was needed was to consistently make great pizzas fast and safely deliver them to the customers door. His partnership with his brother was dissolved in 1961, by 1965, Monaghan own three stores and officially changed the company name to Dominos Pizza, Inc. A pioneer and innovator in the pizza delivery industry, Monaghan continuously looked for better and faster ways to handle the rush. He developed a fast pizza-making method and an efficient order taking system. From the moment the phone rang to the time the pizza was delivered to the customers door, Monaghan stressed the need for hustle. Never get behind was the operating motto. Even though delivery drivers were instructed to abide by the traffic laws at all times, once they got out of their delivery vehicles they were to run to the customers house, ensuring a piping hot pizza. Capitalizing on the success he had found in his three stores servicing college campuses, Monaghan adapted the same successful system at Michigan State University in 1967. A massive pizza craving population of 20,000 students living on one campus, offering one size of pizza with only six toppings to choose from and introducing the companys 30 minute pledge soon made this store the companys biggest money maker. This store is also notable because it solidified in Monaghans mind the need to expand. Monaghan sold his first franchise to Charles Gray on April 1, 1967, after personally training Gray for the job himself. The company suffered its first serious setback when on February 8, 1968 the companys central office and commissary were destroyed by fire. The company was inadequately insured and Monaghan was only able to recoup $13,600 in losses. Nevertheless, Monaghans belief in his dream drove him to push the company forward once again. By the end of 1969, Dominos Pizza, Inc., consisted of 42 stores reporting an estimated $8.1 million in total sales. The 70s Despite its high turnover, Dominos was $1.5 million in debt. By 1970, its creditors took action and 200 lawsuits were filed against it. Monaghan lost control of the company to the banks, only to have it returned to him 10 months later in worse condition than when they had taken it over. Monaghan and his wife managed to salvage what was left of the company and once again took off in pursuit of their dreams. Monaghan focused on rebuilding the trust of his creditors and the companys reputation and spent much of his time visiting his stores, talking with store managers and team members, and observing them in action. He continued to emphasis the Dominos system of simplicity and speed. Passing on his enthusiasm for the nature of the business and creating a friendly, competitive environment, Monaghan also implemented the Manager of the Year award, a national honor presented to the companys best store crew chief. Knowing what made Dominos different; primarily its unparalleled successful system of promoting from within, pizza makers, delivery drivers and order takers all knew they had the opportunity to advance through the ranks to become a store manager or even a franchisee. This not only encouraged a spirit of entrepreneurship, but also ensured a dedicated, industrious workforce. Ten years later Monaghans vision of promoting from within to build the best company with the best people paid off as 92% of Dominos Pizza franchisees had started their careers in the company at entry level jobs. Maintaining his persistence on making training a top priority, a week-long new employee orientation program was developed as Monaghan toured the country visiting stores. After a decade and a half of sixteen hour shifts and endless obstacles to overcome, Monaghan and Dominos Pizza were finally running smoothly. By the end of 1974, there were nearly 100 stores amassing $20.4 million in sales. Late in 1974, Monaghan received a letter from Amstar Corporation which had been using the trademark Domino since 1900. It demanded that he change his companys name. With nearly 100 stores nationwide and growing public recognition and acceptance, Dominos Pizza was being told to return to the starting gate. On September 30, 1975, Amstar filed suit against Dominos Pizza for trademark infringement. Dominos lost the case and was forced to operate all new store openings under the name Pizza Dispatch. But 1980 brought a positive conclusion to the lawsuit, with the company being permitted once again to operate under its long-established identity of Dominos Pizza. The company ended that year with 398 stores recording $98 million in sales. Franchising also continued to grow. In fact, by this time, most of the companys growth came from its strong franchise base, and the majority of the franchisees were from the internal ranks. Opportunity kept the Dominos Pizza team motivated and highly productive. There was something big waiting for everybody who was willing to work for it. Monaghan often referred to his franchisees as the very heart of the company and time and time again they have proven this to be true. With their energy, dedication and financial investment, they would help bring Dominos Pizza to a level of success beyond what Monaghan had ever imagined possible. The 80s In 1983 the company celebrated the opening of its first international store in Winnipeg, Canada. Dominos Pizza International, which Monaghan called the companys hope for the future, became in part responsible for much of the companys later movement and growth. 1983 also saw the opening of the companys 1000th store in Colorado Springs, Colorado. After a quarter of a century of honing its pizza making and delivery systems, Dominos Pizza knew the pizza delivery business. In 1985 tens of thousands of customers around the world showed their confidence in the company by ordering 135 million pizzas during that year, an astonishing 69% increase over the previous years sales. By 1989 Dominos had opened its 5000th store. The 90s By 1992 the international division had opened its 500th store outside the United States. The domestic market continued to grow with the introduction of innovative variations to the original pizza recipe as well as creative up-sell items. 1993 was shaping up as another major year for Dominos until December brought one more crisis: a $79 million judgment against the company in a lawsuit alleging the 30 minute guarantee was at fault in a St Louis traffic accident. After days of soul-searching, Monaghan decided to withdraw the guarantee permanently, a move that made headlines worldwide such was Dominos renown. Not only is Monaghan credited with pioneering the multi-billion dollar pizza delivery industry, but also with numerous inventions. He is responsible for the corrugated pizza box, conveyor ovens, and Doug mixers, insulated bags to transport pizzas in, the pizza screen, Doug trays and, most important to the success of his own business, a unique franchising system enabling managers a nd supervisors to become independent business owners. In 1999 Monaghan, a deeply spiritual man, decided it was time to give back to the community much of the wealth he had accumulated as a result of his 39 years at the helm of this great company. So he sold Dominos Pizza to Bain Capital, an organization with a proven track record of identifying companies with significant growth potential, and steering them to achieve that potential. The Future Many changes have been made since Dominos was sold to Bain Capital, and a new spirit of excitement has paved the way for the future. Despite encountering setbacks and obstacles along the way, the story of Tom Monaghans 39 years at the helm of Dominos Pizza is one of never giving up on your dreams. What began as one mans vision evolved into a thriving worldwide industry? Dominos Pizza India Limited Dominos Pizza India Limited (DPIL) is the master franchisee for India, Srilanka , Bangladesh and Nepal from Dominos Pizza International Inc., USA. The company had been promoted by Mr. Shyam S. Bhartia and Mr. Hari S.Bhartia of the Jubilant Organosys Group (Formally Vam Organic Group). The Company was incorporated in March 1995. The First Dominos Pizza store in India was opened in January 1996, at New Delhi and today after nine years Dominos Pizza India has grown into a countrywide network of over 100 outlets in 27 cities, which includes:- North Delhi, Gurgaon, Chandigarh, Ludhiana, Amritsar, Jallandhar, Dehradun, Shimla, Agra, Kanpur, Lucknow, Noida, Faridabad, Mussoorie South Chennai, Bangalore, Hyderabad, Coimbotore, Mangalore, Cochin, Secundrabad, Manipal, East Kolkatta West Mumbai, Pune, Ahmedabad, Goa Dominos intends to penetrate completely within these markets by opening up 20-25 outlets per year in these cities. Dominos has a young and enthusiastic team of over 2,100 employees. Today, Dominos has emerged as the leader in the fast food segment with about 65% of market share of pizza delivery in India and have outlets more than any other corporation in the business of food, not just the pizza business. All the Company outlets are corporate outlets invested by the company and also managed by the company. Over a period since 1996, Dominos Pizza India has established a reputation for being a home delivery specialist capable of delivering its pizzas within 30 minutes to its community of loyal customers from its entire stores around the country. Customers can order their pizzas by calling the single countrywide Hunger Helpline 1600-111-123 and Dominos was the first one to start this facility for its customers. Dominos vision is Exceptional people on a mission, to be the best pizza delivery company in the world!. Dominos is committed to bringing fun and excitement to the lives of our customers by delivering delicious pizzas to their doorstep in 30 minutes or less, and all our strategies work for fulfilling this commitment towards our large and ever-growing customer base. Dominos constantly strives to develop the product that suits the taste of its customers to bring out the WOW effect (i.e. the feel good factor). Dominos believes in the strategy of Think local and act regional that is blended with a playful image personified by our Hungry Kya? positioning. Thus, time and again Dominos has been innovating toppings, suitable to the tastebuds of the locals and these have been very well accepted by the Indian market, are doing extensively well in the market. We are constantly in the process of innovating further; we introduce new topping every 3 -4 months Dominos understands customers demand and is constantly developing local flavors understanding the local sentiments. Also, the ingredients, sauces etc. are made keeping in mind the taste buds of Indian consumers while retaining the international flavor. Dominos constantly strive to make the company an integral part of the lives of the target audiences by getting involved with the clientele at the emotional level and building long-term relationship with them. Thus, Dominos concentrate more on carrying out below-the-line activities in the area it serves. Dominos believe in bringing fun and excitement into the lives of our clientele. We take our delivery proposition very seriously and our entire corporate ethic is based on it. Dominos is the recognized world leader in Pizza delivery. But it isnt just about delivering; its also about giving back to the community. Dominos believes that an essential component of corporate responsibility is to provide support to charitable organizations that benefit the communities where its employees and customers work and live. Dominos worldwide is known for its commitment toward social causes and believes in adding fun to the lives of our customers and communities it serves. In India, Dominos has been associated with the NGOs devoted to the cause of underprivileged Childrens. Dominos conducts Store Educational Tour (SET) for the underprivileged children time-to-time. Recently this was done in the one of the Dominos outlet in Delhi and Mumbai with the underprivileged children from CRY (Child Relief and You) where Dominos took the pledge to provide part-time employment to the eligible wards from CRY who are above 18 years, reiterating its commitment towards social causes. Also, fifty- percent of that days first 20 deliveries of the store were given to CRY toward the cause of the underprivileged children. The children had a gala time while they learned to make and bake pizzas at the store and finally tasted the sumptuous offerings made by them during the Store Educational Tour. Dominos Pizza India also boasts about its commitment to serve its customers on time by implementing the 30 MINUTES OR FREE service commitment, they have been able to achieve this as a result of continuous efforts and dedication of the entire team in improving operating efficiencies. Dominos Pizza India has been consistently rated amongst the top 2 pizza chains worldwide in the Dominos family by Dominos International, in terms of quality of operations. Our pizza delivery times have also been judged as the best delivery times in the world across all Dominos. PIZZA HUT INDIA Background Pizza Hut entered India in 1996, and opened its first restaurant in Bangalore. Since then it has captured a dominant and significant share of the pizza market and has maintained an impressive growth rate of over 40 per cent per annum. Pizza Hut now has 95 outlets across 24 cities in India; and employed nearly 4,000 people by end of 2004. Yum! has invested about US$ 25 million in India so far; this is over and above investments made by franchisees. Yum! Brands Inc is the owner of the Pizza Hut chain worldwide. A Fortune 300 company, Yum! Brands own Kentucky Fried Chicken, Pizza Hut, Taco Bell, AW and Long John Silvers restaurants worldwide. Yum! Generated more than US$ 25.9 billion in worldwide sales in the year 2003, and has more than 33,000 restaurants in over 100 countries. A major player in the Indian fast food and beverage sector Market share Pizza Hut is believed to have close to 50 per cent market share of the organized pizza-retailing segment in India. Financial performance According to an article in Financial Express, the market size of the pizza segment is around US$ 87 million and currently growing at the rate of 15 per cent to 17 per cent per annum. According to Pizza Hut sources, most of their outlets are financially successful, encouraging further expansion. In India, the average investment for each outlet is US$ 275,000-335,000 and is borne by the franchisee. Factors for Success Offering value food Employing economies of scale, Pizza Hut has made its offerings more affordable. Its delivery offer of US$ 4.4 for four personal pan pizzas has been very successful; helping it grows the business by 25 per cent. They have recently introduced a range of vegetarian personal pan pizzas for US$ 1.1. Most Pizza Hut restaurants are located in the metros and smaller metros. In taking long strides across the country, Pizza Hut is consolidating its position by opening more restaurants in the metros where it already has a presence as well as opening outlets in new markets. Moving beyond metros According to company sources, Pizza Hut is moving beyond the metros and foraying into 12 to 13 new markets including Trichy, Nagpur, Bhubhaneswar, Thiruvananthapuram and Pondicherry to increase penetration. Aggressive marketing and tie-ups with local and popular brands Pizza Hut has increased its visibility by launching a well-received TV campaign aimed at the young crowd. It has formed partnerships with recognized brands such as Nestle and Pepsi. It also holds regular promotional campaigns targeted at children and uses these alliances to offer packages during these campaigns. Developing the local supply chain The local supply chain for Pizza Hut was developed by Yum! and currently 95 per cent of the ingredients they use are locally produced. They now import very few specialty items like pepperoni. Leveraging the India Advantage : International brand with an Indian heart Pizza Hut is one of the first international pizza chains with purely vegetarian dine-ins at Chowpatty (Mumbai), Ahmedabad and Surat, which also serve Jain menus. Pizza Hut has even opened two all-vegetarian restaurants in the western state of Gujarat to cater to the Jain religious community, whose members prefer not to eat at places where meat is served. Offering more than the international menu International food chains typically offer only a few localised products in other parts of the world. However, Pizza Huts local menu is as large as the international one. According to Pizza Hut, the Indian food heritage is very rich, and hence Indians like local flavours. The Tandoori range of pizzas, which was developed locally, has a menu mix of over 20 per cent. Indigenous sourcing of raw materials Pizza Hut has reduced costs through indigenous sourcing of raw material. It has tied up with a local company Dynamix Dairy Industries Ltd (DDIL) for sourcing mozzarella cheese. The landed cost of imported mozzarella comes to US$ 3.3 3.5 per kilogram. The domestic price, however, works out to US$ 2.99 3.1 per kilogram. Pizza Hut is adding to the bottom line by localising equipment as well as by paying attention to inventory replenishment, which has been reduced from 60 to 30 days. Future plans According to Yum! Restaurants International, India is amongst the top five growth markets for Pizza Hut. Pizza Hut is also experiencing double-digit growth in India and hence is confident about expanding its operations in India. Pizza Hut hopes to increase the number of Pizza Hut outlets in India to 180 by the end of 2008 from the present figure of 130. The expansion programmed will make Pizza Hut the fastest growing western restaurant chain in India. In addition, Yum! plans Pizza Hut to be in 42 cities by end of 2007, and 55 cities by end of 2008. Conclusions: Keeping up the sentiments of Indian customers and services offered by Pizza-houses and Keeping our study focused on some of the key -areas of sensitivity of customers preferences (analysis of factors which affects the preferences). We come to a conclusion that : Pizza -hut is preferred() over dominos in terms of Varity of Pizzas Good ambience Services offered Quality of pizzas Location of the Outlet Waiting time in the outlet Dominos is being preferred over pizza-hut in terms of: Door step services Low pricing So we can say that due to these qualities Pizza-hut dominates Dominos -pizza In different areas and capture the market share and gain rapidly. Recommendations For Dominos Increase varieties in Pizzas. Focus on location of the outlets. Increase the quality of Pizzas Make good ambiance in outlets Should focus more on market zing itself confidently. For Pizza-Hut Try to attract more number of Ladies customers. Should focus on Low price customers. Make the door step services better

Introduction to Statutory Interpretation

Introduction to Statutory Interpretation Statutory Interpretation Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. Common Law: Is a law formulated by judges with the aid of conclusions of a court to follow the aid of a legislative process by the executive branch. The legal system of a common law states that, it is a partiality to handle likewise facts or matters distinctively on a distinctive occasions. Literal Rule: Is a rule that is frequently utilized by orthodox Judges. Hence, the Literal Rule is an obligational project given to the court to give a literal meaning to a statutes irrespective of the outcome of being sensitive or not. Golden Rule: Also known as the British rule is applied when a literal rule develop a solution that is different from the parliament intension. It is used when literal rule turns out to absurdity. Mischief Rule: Is the process of discovering the meaning of what parliament meant by a certain statutes Table of Contents. Introduction of statutory interpretation†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P.4 Extrinsic aids to statutory interpretations†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ P.4 Interpretation acts†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ P. 5 Common law†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ P.5 The three basic rules in statutory interpretations†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦P. 6 Literal rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ P. 6 Advantages of literal rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P.6 Disadvantages of literal rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P. 6 Malaysian cases using the literal rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P.7 English cases using the literal rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ p. 8 The golden rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p. 9 Advantages of the golden rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P. 9 Disadvantages of the golden rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P.9 Malaysian cases using the golden rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p. 9 English cases using the golden rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p 10 The mischief rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p 12 Advantages of the mischief rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ p 12 Disadvantages of the mischief rule †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p. 12 Malaysian cases using the mischief rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P 13 English cases using the mischief rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p 14 Conclusions †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ p 15 References †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ p 16 Appendices†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ p. 17 Introduction of Statutory Interpretation. A Statutory Interpretation is best described as the capability of a court or Judges to translate the Acts of Parliament. It is a means of giving an explanation to the meaning of a piece of legislation. In other words, the means of utilizing statutory laws where by Judges tried to discover the purpose of parliament putting laws in action is also known as Statutory Interpretation. A statute might be clearly revealed in terms of meaning but they are mostly made up of ambiguities and vague words which are expected to be settled by the judges. According to Lord Hailsham, a senior English Judge, â€Å"probably 9 out of 10 cases heard by the Court of Appeal and the House of Lords turn upon or involve the meaning of words contained in statute or secondarylegislation†. This means that many cases go to appeal at a point of interpretation. Also, cases go to appeal at a point of interpretation because, laws are NOT â€Å"drafted in general terms†. Laws are supposed to be drafted in general terms and should be conducted with both present and future situations. Extrinsic Aids to Statutory Interpretation Extrinsic aids are useful information data’s which are not part of a statutes but are helpful to Judges in other to create more understanding on the statute. They are materials which make a statute more visible for interpretation. Parliamentary debates are on one of the types of extrinsic material used. There is a government team with two people. The first one would be the political party introducing the Act of parliament and the second would be the opposition’s team also with two members. It is the government’s job uphold or supports the topic of the debates or also called the motion. The government team will discuss a problem and has a specific proposal for a change concerning that problems for seven minutes. It is a difficult task for opposition teams to play ‘devil’s advocate’ so to speak the opposition the team tries to find imperfection in the government’s arguments for eight minutes. Then the government team responds to the oppositions arguments trying to make firm their own position for eight minutes. The opposition teams moves in the same manner for eight minutes. The opposition reach a conclusion with a rebuttal speech. Conclusively, the government will then w ith their own rebuttal speech. Furthermore, Notes of the legislation: Both the parliament and legislative Assemblies have the power to enact laws according to their respective centers. A law that is established or introduced by a state Assembly will only affect the state. A law which is enacted by the parliament can be extended to the whole nation. Also, an organization which aim on the systematic development, review, and reform laws acted in a specific jurisdiction is known as a Law Reform Commission. Conclusively, a document which is printed or issued at a time with a bill is known as an explanatory memorandum. The main objective of that document is to give meaning to the aims and operations of the statutes in the statutory interpretation. Interpretation Act: Interpretation Act state that, in any Act, without the purpose appearing to be opposite, expressions selected to be in Schedule 1 of an Act most be interpreted in accordance with that Schedule. Common Law: Common Law or Case Law is a law originated or formulated by judges with the aid of conclusions of a court and likewise tribunals, as fought to a statutes which follow the aid of a legislative process published by the executive branch. Common law help to draw matters into conclusion where two or more groups disagree with a certain law by looking forward into past case laws that are applicable. The Three Basic Rules in Statutory Interpretation. The three basic rules enforced for statutory interpretation by judges in England, are: The literal rule The Golden rule and The Mischief rule. The Literal Rule: The literal rule is made up of both the ordinary and the plain meaning rules. A literal rule is a rule that is frequently utilized by orthodox Judges. Orthodox Judges are the Judges whom think or believe that their constitutional role is limited to apply a law enacted by the parliament. Hence, the Literal Rule is an obligational project given to the court to give a literal meaning to a statutes irrespective of the outcome of being sensitive or not. Advantages of Literal Rule. The characteristics of the literal rule is that law must be equally certain and knowable. The rule demands that citizens are to be notified earlier about the legal effects behind a statutes. The selected Parliament should be the one to enact a new law as well as to secure the will of the elected legislators. Disadvantages of Literal Rule. During language interpretation, statutes which were having clear meaning can have more than one meaning. Words or phrases in a statutes are reasonably open to different meaning. Example, 12:00 might either be AM or PM. No matter how absurd the component of a statutes or an Act may be, one must comply with it. Malaysia case using Literal Rule: HOYA HOLDING SDN. BHD. V. CHIA THIN HING ANOR HIGH COURT MALAYA, TAIPING DATO’ HJ. ABDUL MALIK B. HJ. ISHAK J. Contract: Sale and purchase agreement of a dwelling apartment. Conditions of agreement: Connections of Electricity and water supply to the apartment. Delivery of vacant possession of house to the purchaser. In this case there was a dispute with regards to clause 20 of the sale and purchase agreements dated 1st August 1919 Clause 20 of the standard sale and purchase agreement reads as follows; 20(1). This building should be completed by the vendor along with connections of water and electricity supply together with the vacant possessions, all must be handed over to the purchaser within two years interval regard the date of this written agreement. Furthermore, if the vendor happens not to comply with this agreement as said, with the necessary requirements. He must pay immediately to the purchaser liquidated damages day after day with an interest rate of 10% annually of the purchased amount. Judgment. Dato’ Hj. Abdul Malik b. Hj. Ishak J: An urgent request which opposed the opinion of the learned Magistrate Court, Taiping Perak where by the appellant were commanded to pay RM1, 431.51 together with 8% annual interest from May 26, 1993 until a contentment period of the respondent. English (UK) case using Literal Rule: FISHER v. BELL QUEENS BENCH DIVISION. Hearing date: 10, Nov 1960. Headnote: A man that own a shop displayed a knife by the window of his shop with a price ticket behind it. He was charged for sale of a flick knife, which is contrary to s. 1(1). Held: According to the meaning of s.1(1) of the Act 1959, the shopkeeper was not guilty of what he was charged. This is because demonstrating a flick knife at the shop is an invitation to treat and not for sale. JUDGMENT BY-1: LORD PARKER, C.J. A chief inspector of police charged against a respondent that he unlawfully offer for sale a knife which is, contrary to s.1 of the Restriction of Offensive Weapons Act, 1959. Lord Parker C.J. anyone, who; manufacture, sell, hire, lends or give to another person a knife that has blade which automatically opens by the pressure applied to a button or springs shall be guilty. The Golden Rule: The golden rule which is also known as the British rule is applied when a literal rule develop a solution that is different from the parliament intension or that avoid the parliament intension instead. The golden rule is exceptional to the literal rule because it is used when literal rule turns out to absurdity in other to alter the grammatical and ordinary senses. Advantages of the Golden Rule. Golden rule honors parliament decision. It always permit Judges to select the most accurate meaning among many in a statutes. It supply sensible conclusions on cases which the literal rule cannot handle. Disadvantages of the Golden Rule. The rule has no guidelines that governs it. It is not widely known, hence it used on rare cases/occasion A Judge might found a statute in absurdity but it might not be for another Judge. Malaysia case using Golden Rule: Re An Advocate [1964] MLJ 1 Facts: The accused is a recommended advocate in the state of Sarawak who happened to go to Kuching for his normal activities. He took along with himself female clothes in which he did make his advertisement. He used his own name and also his hotel room to help upgrade the company business. He could be struck out from the role of advocates if his conduct fell within the section 12(g) of the Advocate Ordinance or suspended. This is so because; the section 12(g) of Advocate Ordinance of Sarawak says anyone who by any means suspended or ruled out from practicing the advocate role by any judge in respect of the law binding the section 12(g) of the Advocate Ordinance. English (UK) case using the Golden Rule: COURT OF APPEALS OF MISSISSIPPI. Karen Elissa Pearson Gray, Appellant v. Doyle Gene Pearson, Appellee. Karen Gray appeals a judgment on her former husband’s petition to modify child support and her counter for contempt. Facts Benji and Michael Pearson were born into the family of Doyle Pearson by Karen Pearson during their marital union. Benji and Michael were twelve (12) and six (6) years of age respectively when the both parents divorced. The court dictated that Doyle should pay a child supports for his children and prescribed him to pay Benji college fees as well. He was ordered to pay $800 per month for the child supports. When Benji turned 21 during his college education, Doyle stopped to pay his college fees because he assumed Benji is no longer a child. He only continues with the child support fees and shortly three months after his 21st birthday, Doyle reduced the child support amount to $400 as advised by his attorney. In addition, he paid NO child support from February 2000 to June 2000. Karen then, counter-petitioned to alleged Doyle that he lack respect for his failure to pay child support in respect of his modification petition. Furthermore, Doyle fails to pay Benji’s college fees and also fails to abide with the terms of the divorce agreement. According to the Chancellor, after trial, Doyle was not caused by law to pay $800 for the child support continuously forever. Hence the amount of the child support was cut down from $800 to $600 to be effective from the date of Benji’s 21st birthday. The chancellor also said, Doyle was contempt to have reduced the child support amount from $800 $400. The Mischief Rule The process of discovering the meaning of what parliament meant by a certain statutes is known as Mischief Rule. In other words, it is a nature or a related method of translating a statutes in order to discover the wrongs, mischief to which the stature endeavored to amend. In addition, it demands the adoption of interpretation that is made to correct the weakness or defect of an Acts passed in law. Steps to Interpret a Statute in Mischief Rule: Consider what the law was before the Act was passed Identify what was wrong with that law Decide how Parliament intended to improve the law through the statute in question Apply that finding to the case before the court Advantages of the Mischief Rule. Mischief encourage flexibility in the law It prevent absurdity and unfair outcome. It brought development to the society. Disadvantages of the Mischief Rule. It only allow Judges to re-write statutes that is supported by the parliament. It cannot be remedied else, the mischief if detected. It never preserve Parliament supremacy. Malaysia case using Mischief Rule: Lim Moh Joo v. P.P [1970] 2 MLJ 113 Criminal Appeal Decide – date- 1 16th May, 1970†¦ Wan Suleiman J. Catch Words: Criminal Law and Procedure – Medical report of alleged assault. Medical reports were presented before the court without prove and on the absent of the laboratory specialist who conducted the test. In addition, the defendant were to be given a copy of the medical report for not less than 10 days before the trial day in respect to the Criminal Procedure Code (Cap6), ss 380 and 399. Headnote The complainant produced two medical evidence against the appellant without prove and without the consultant who conducted the medical report. The appellant do not have a copy of the medical certificate that he was accused of till the day of the trail. Held: According the law binding the Criminal Procedure Code (Cap. 6), a public prosecutor must deliver a copy of evidence or legal report to the accused not less than 10 clear days before the trial day. As long as such provision were not made, the reports or evidence are made not to be admitted. Hence the order binding the accused must be squashed. English (UK) case using Mischief Rule: SMITH V HUGHES Legal Citation Smith v Hughes, (1871) LR 6 QB 597 (Queen’s Bench Division) Facts: A complainant where to sell oats/food grains to a suspect with samples to show a try out. The suspect then examine the sample and rewrite to the complainant by accepting the oats at a cost of 34s per quarter. Thereafter, the suspect rejected the oats on reaching him with reason being that he were expecting old oats but the once he received were new. The suspect also complained about the cost price which is too high after reaching agreement with the complainant because he discovered that they were new oats, hence there came a fight in respect of their agreement because there is a bridge of contract. Judgment: Order from the Queen’s Bench Division specified that both parties have communicated the nature of the oats before making transactions. In addition, they have agreed to the terms and conditions that governs the sales and purchase of the oats. The suspect thought they were old but the complainant knew they were new. Hence, the fault is from the suspect because of his inability to know the age of the oats he purchased. Conclusion: Conclusively, the term statutory interpretation is a method which judges use to translate the Acts of Parliament. In other words, the means in which judges utilize statutory laws is also known as statutory interpretation. A statute might be straightforward in terms of meaning but they are mostly made up vague words which are expected to be interpreted by the judges. Additionally, many cases go to appeal at the point of interpretation. There are three basic rules generally enforced for statutory interpretations such as; Literal, Golden and Mischief Rules. Reference: Translegal.com, (2014). The rules of statutory interpretation (2). Home.loxfordlaw.co.uk, (2014). Notes on Statutory Interpretations A-Level Law Revision Exam Help by D.Hussain Publications. Scribd.com, (2014). LIM MOH JOO. Hba.org.my, (2014). HOYA HOLDING SDN. BHD. V. CHIA THIN HING ANOR. Casebrief.me, (2014). Smith v Hughes | Case Brief Summary. Sixthformlaw.info, (2014). Fisher v Bell. Golden-rule-law.blogspot.com, (2014). The Golden Rule: Advantages And Disadvantages Of The Golden Rule. Appendices Statutory interpretation > 2,4,15 Extrinsic > 4, 5 Interpretation Acts > 5 Common law > 2, 5 Literal rule > 2, 6, 15 Advantages and Disadvantages of literal rule > 6 Malaysia cases using the literal rule > 7, 8 English cases using the literal rule > 8 Golden rule > 2, 9, 15 Advantages and Disadvantages of golden rule > 9 Malaysia cases using the golden rule > 9, 10 English cases using the golden rule > 10, 11 Mischief rule > 2, 12, 15 Advantages and Disadvantages of golden rule > 12 Malaysia cases using the mischief rule > 13 English cases using the mischief rule > 13, 14

DBQ 1820s 1830s Essay -- essays research papers

For quite some time Americans have been led to believe that during the 1820s and 30s, Jacksonian Democrats were the guardians of the people, and worked to improve the nation for the people. The truth remains, however, that during this period, President Jackson vetoed a bill to recharter the Bank of the United States of America, infringed on the rights of Native Americans, used â€Å"brute† force to bring Southerners under submission during the Tariff of 1832. He enacted the Spoils System which did not guarantee the best leadership, and was morally corrupt. Although the nation’s economy and political democracy flourished during the reign of President Jackson, constitutional rights, equal opportunity and individual liberties were discouraged. In her 1834 visit to America, british author Harriet Martineau wrote of the nation’s economy being strong and properous. The absence of poverty and ignorance and independence of every man are some of the observations she recorded (D). The national economy did in fact boom during the 1820s and early 30s. With Samuel Slater’s introduction of the â€Å"Factory System† to America, and Eli Whitney’s Cotton Gin, the United States’ speed in manufacturing textiles increased rapidly. In 1837, however, America experienced a tremendous financial depression. Bad land speculation, and the fall of the Federal Bank (due to Jackson’s failure to recharter the Bank in 1832) were the two main factors that caused the financial crisis. ...

Leukemia Essay -- Health Medical Cancer

Leukemia Leukemia is a disease that affects blood-forming tissues, mainly bone marrow. Leukemia also affects the lymph glands and spleen. Leukemia causes the body to produce an extreme amount of abnormal white blood cells. This causes infections because the abnormal cells cannot stop infections like the normal cells do. Leukemia also causes anemia. Anemia is a disease in which the body makes less blood cells. This happens because the leukemic cells crowd the system. Leukemia also causes excessive bleeding. This happens because the amount of platelets will decrease and clotting will not occur, Researchers think a change in genetic structure causes leukemia. Changes in gene structure could be caused by environmental problems. Some of these problems could be: birth defects, radiation, viruses, and chemicals. Leukemia is not inherited and is not contagious. There are two major types of Leukemia, Lymphocytic and Granulocytic. In Lymphocytic Leukemia white blood cells known as Lymphocytes, which are made in the Lymph glands and bone marrow are abnormal or immature. In Granulocytic Leukemia this causes an increase in white blood cells known as granulocytes. Granulocytes are made in the bone marrow, and other tissue. Granulocytes that are affected by leukemia cannot fight of infections. There are two ways in which leukemia can occur. One is acute, and the other is chronic. Acute leukemia is found most in children. It progresses r...

Integrity: Morality Essay

The definition of integrity is vague and rather open ended. Morals are the premise for all perceptions of integrity and should be further explored to better understand the cloudiness behind integrity. Morals are the standing personal ideas of what basic fibers construct all decisions, right or wrong. But morals are personal, and ever changing, never exactly the same person to person. For example, the Ten Commandments, implemented on primitive people for thousands of years attempted to instill basic morality into barbaric people who, with the fear of a higher power, abided. The late George Carlin summarized these ten into a basic 4. Don’t lie, cheat, steal, or kill. Now, in a civilized world, in a country that defines social civility, these 4 seem easy and almost givens. But, in third world countries where life is not easy, and everyday is eat or be eaten, morals are far less important. Millions, everyday, commit all four acts without hesitation. Morals are expendable when survival lies in the balance. Survival, of what? Survival of life, survival of an idea, survival of a relationship? Millions have killed millions because they thought their agenda was more prevalent, or their god justified it, or because they needed to in order to fulfill the instinctual desire to live at all costs. In no way am I saying that ethics should be readily broken for personal gain, but the principles that so many try to live by aren’t as universally important as they seem. I truly believe that if you are not living for other people, you are not truely living. Relationships mean everything. Its not just the way you treat family, or your friends, its everyone. I treat people how I would want to be treated and give respect where respect is due. My morals are much more diverse then just don’t lie, steal, cheat, or kill . My morals are reflective of today’s day and age, not as dated and black n’ white as those four. My morals are competitive, like our present society. I never intend to hurt anyone, and my actions are far from malicious, but if the survival of something I hold close lies in the balance, I am willing to bend my moral code in order to ensure the continued existence of what I view jeopardized. I stand by what I believe; those are my morals. Live for others, but never forget who is left at the end of the day. I’ve always viewed integrity as personal. Its how you a carry yourself. Its how you act when no one is watching. But, this is all personal. I don’t let other people dictate my integrity, I let my actions speak, and I ask myself at the end of the day, if I acted like the man I want to be. Many days, when I reflect on myself, I realize I haven’t been. And this is life, improving day to day so you never repeat mistakes.

A discussion of equality and diversity issues in a teaching situation-CTLLS Essay

5. A discussion of equality and diversity issues relevant to the candidates teaching/training situation. Equality is ensuring individuals or groups of individuals are treated fairly and equally and no less favourably than others. Equality is about the rights of the learners to attend and participate regardless of age, sex, race, gender reassignment, disability, religion or belief, sexual orientation, marriage/civil partnership and pregnancy /maternity. Diversity is about recognising and being tolerant of different views which individual people have, in terms of cultural backgrounds and different lifestyle choices relating to any characteristics they may have. A diverse society is what we have as every individual has a different culture, belief and life experience to the next. Inclusion is about including all the learners in ‘relevant activities rather than excluding them for any reason either directly or indirectly’ (Gravells 2008). ‘Every learner has the right to expect that they will receive high quality learning appropriate to their needs and circumstances ion a safe and healthy environment.’ (Success for all: DfES 2002). Inclusive teaching and learning is possible when promoted. In order to achieve this I combine both the training cycle and the learning styles from Kolb and Fry. These include using Concrete experience, Abstract Conceptualisation, Active Experimentation and Observation and Reflection. Learners the mixing up of which produces the learning styles that best suits a learner, ie; Converger, Diverger, Assimilator and Accommodator. By ensuring the lessons accommodate all learning styles all learners will feel inclusion. Along with the learning styles I would include relevant resource materials . If a learner requires more intervention then I may need to include the following; additional classroom support, adapted or specific resources, peer support, varied presentation, content selection, reducing or increasing time for activities Along with my mentor Geri walker I have written the 5 day induction programme for new starters within the organisation. This includes lectures in subject matter using power point presentation and notes (abstract conceptualisation), Direct discrimination occurs when you treat someone unfairly due to at least the nine characteristics discussed. Indirect discrimination occurs when a working condition, environment or rule disadvantages one group of people or person more than another. As a teacher it is important that to give equal support, you must not discriminate and  must not show favouritism in any way. A teacher should not impose views and opinions on the learners. It is necessary to ensure that the learners show dignity and respect to others in the learning environment. A teacher must recognise that each learner is different and accommodate for those differences wherever possible in the classroom. You should demonstrate your commitment to equal opportunities through everything you say and do in your work with adult students.† (Daines, Daines and Graham, 1993). Geoff Petty states that: Differentiation is an approach to teaching that attempts to ensure that all students learn well, despite their many differences. Catch phrases which go some way to capturing this concept include: ‘Coping with differences’. ‘Learning for all’ or ‘Success for all’ People began to realise it was not just ability that could be â€Å"mixed’’ and that teachers had to cope with differences: learning style, age, motivation, prior learning and experience, gender, specific learning difficulties such as dyslexia, and so on. Consequently the term ‘mixed ability’ began to be replaced by the less vivid term: ‘differentiation’. It is important to work in partnership with the learner, get to know them, so that you can assess their ‘minimum core’ and what their learning needs are. If a learner knows what is expected from them and you tell them what to expect from you , successful learning can be achieved . This may be achieved by recognising the needs of a particular person or group of people. The learners within the sessions I teach include people with; learning difficulties, hearing impairments, those whose first language is not English, or those people who may require additional support with literacy, language, numeracy and ICT skills. The learners I teach come from different social and cultural backgrounds and during teaching I have had to respect the following and accommodate, prayer times, Ramadan and different beliefs to mine without impacting on others. I need to plan my sessions to enable all learners to take part and achieve their individual learning aims, taking into account how I communicate with learner (e.g. using appropriate vocabulary and terminology no abbreviations and jargon, my comments are not discriminatory or offensive or that my body language is appropriate. I need  to check that the resources used are non- discriminatory or stereotypical, suitable for the learners needs so that all the learners can participate. Teaching methods need to be varied and support all learning styles. The learning environment needs to promote inclusion ,e.g. for people with disabilities. The Kennedy Report (1997) stressed the importance of making learning accessible to all learners , focussing on people who may be disadvantaged due to social, economic or educational background. These create barriers to learning that may prevent adults from continuing developing their education e.g.lack of information, childcare support, basic skills and costs involved to study. References Daines, JW et al (2006) Adult Learning, Adult Teaching, 4th ed, Cardiff: Welsh Academic Press DfES (2002b) Success for All. London: HMSO Gravells, A, (2008).preparing to teach in the lifelong learning sector.3rd ed. exeter: learning matters Petty, G, (2004) Teaching Today: A practical guide,3rd ed. Cheltenham: Stanley Thornes Reisenberger A & Dadzie S (2002), Equality and diversity in adult and community learning – a guide for managers, Niacehttp://www.excellencegateway.org.uk/pdf/A1181.pdf Smith, M. K. (2001). ‘David A. Kolb on experiential learning’, the encyclopedia of informal education. Retrieved 17/3/13 from http://www.infed.org/b-explrn.htm.