Law Essay Example | Topics and Well Written Essays - 1000 words - 1

Law - Essay Example However it was soon realized that the current definition was not adequate and hence required to be redefined to include a broader perspective. Accordingly various additional set of activities were included to broaden the scope of the term. According to section 11 of the Banking Act, certain activities included in the definition applied only to individuals and / or corporations, and any non-corporation which is not defined under this section, is forbidden to carry out â€Å"any banking business†. Similarly under section 8, non-ADI corporations are forbidden from carrying out â€Å"any banking business† (Comlaw, 2011). There is an ambiguity over the term â€Å"any banking business†. The sections 7 and 8 of the banking act prohibit the execution of 'any banking business' although there is no clear consensus regarding the term. There are serious doubts regarding what can possibly be considered as "any banking business". According to the section 5, banking business in cludes acceptance of funds from the public AND making loans to them, but whether a business which is involved in only accepting deposits but not make any loans, is considered as 'banking business' and vice versa, is questionable (Weaver et al, 2003). In Commissioners of the State Savings Bank of Victoria v Permewan, Wright & Co. Ltd, Issacs J, stated that the "essential characteristics of the business of banking may be described as the collection of money by receiving deposits upon loan, repayable when and as expressly or impliedly agreed upon, and the utilization of the money so collected by lending it again, in such sums as are required (Guest, Chalmers, 2005, 11). In United Dominions Trust Ltd v Kirkwood [1966] 2 QB 431 at 445ff, Lord Denning stated that, the times have changed drastically, ever since the definition of banking put forward by Issac, and newer instruments of payment are now added and used as acceptable modes of payment. This includes the use of cheques - crossed as well as uncrossed, and hence the same must also be included within the definition of banking (Gillies, 2004, 780). The Privy Council, in Bank of Chettinad Ltd v Colombo v Income Tax Commissioners, Colombo [1948] A.C. 378, accepted the following definition of banking: "a company which carries on as its principal business, the accepting of deposits of money on current account or otherwise, subject to withdrawal by cheque, draft or order (Brindle, Cox and Coleman, 2004, 426). The definition of 'business of banking' discussed so far, are inadequate on two grounds: firstly, there is significant ambiguity over the term "any business" used in the definitions and secondly, not all modes of payments are appropriately covered under the definitions. Thus on account of these two reasons, defining what comprises of 'the business of banking' becomes a daunting task. 2. The two key duties imposed on customers in accordance with MacMillan and Greenwood rule under the Australian law include (Hockin g, Smith, 1999, 156): (i) The duty to exercise adequate care while drawing cheques so as to prevent misleading the bank or to encourage forgery – (the MacMillan duty) and (ii) The duty to inform the bank if any cheques allegedly signed by the customers are forged (the Greenwood duty) The first duty was laid down in the London Joint Stock Bank Ltd. v Macmillan case while the second was laid down in the Greenwood v Martins Bank Ltd., case (Kelly & Holmes, 1997,

Dose Animal Farm Will Different When Change Napoleon to Snowball Essay Example for Free

Dose Animal Farm Will Different When Change Napoleon to Snowball Essay Power can change a kind personal to selfish person or make a person who is full of conceit become arrogant and greedy. In the animal farm, Napoleon is kind of a person, who is conceited and become greedy when he get all the political power. There is no alive democratic in the farm. But, when we change the chief of the Animal Farm, changing the Napoleon to Snowball, the animalism in the farm will revive. This short easy will analyze why Animal Farm will become better when Snowball has power. In the book, Napoleon is symbol of the dictatorship and Snowball is the symbol of the democratic. Cancel the animal assembly, build a cabinet, change the rule and build an arm to control the animal is what Napoleon did. But Snowball as a clever leader, he focus on the constructive work in the animal farm, building a windmill and set up a democratic policy which is every decision need discuss among the animal. Furthermore, snowball is quicker in speech and more inventive than Napoleon. He is the one who organizes the animals into various committees: the Egg Production Committee for hens, the Clean Tails League for the cows and erc. Snowball also has the wisdom in the battle and has prestige among the animal, success organizing animal to against Mr. Jon and his man. Although Snowball and Napoleon both agree they should drink milk and eat apple and both want to set up an arm, but Snowball not thought everything should be done for himself. When the animal farm has the problems, he tries to solve it and set up an education institution for animals. Moreover, combining with the history, Snowball represents figure of Leon Trotsky who draft the Soviet Union’s economic construction plan. Thus, if Snowball has a power, the society of animal farm would become flourishing.

The Drop Out Rate in Education in Cambodia

The Drop Out Rate in Education in Cambodia Introduction The number of students who drop out school in the basic education level is still very high although the government and the other stakeholders have been striving to cut down on number. It is very clear that there are number of things which cause those children to abandon their studies. It is, however, still a skeptical whether the demand side or the supply side which has the most influence on this phenomena. The government of Cambodia has considered the capacity building and human resource development as priority. In the Rectangular Strategy of the Royal Government of Cambodia has emphasized several points related to the education quality improvement at all levels. Like stated in the policies and strategies in ESP (Education Strategic Plan) 2006-10, there are a lot of reforms have been made in order to reach the Millennium Development Goals. The six EFA Dakar goals: 1- Expanding and improving comprehensive early childhood care and education, especially for the most vulnerable and disadvantaged children. 2- Ensuring that by 2015 all children, particularly girl, children in difficult circumstances and those belonging to ethnic minorities, have access to, and complete, free and compulsory primary education of good quality. 3- Ensuring that learning needs of all young people and adults are met through equitable access to appropriate learning and life-skills programmes. 4- Achieving a 50 per cent improvement in levels of adult literacy by 2015, especially for women, and equitable access to basic and continuing education for all adults. 5- Elimination gender disparities in primary and secondary education by 2005, and achieving gender equality in education by 2015, with a focus on ensuring girls full and access to and achievement in basic education of good quality. 6- Improving all aspects of the quality of education and ensuri ng excellence of all so that recognized and measurable learning outcomes are achieved by all, especially in literacy, numeracy and essential life skills. Source: UNESCO (2000 b), as cited in FE of IFL, pp 66-67 In those reforms, there have also been the strengthening tasks with other partnerships between the public and private sectors. These important tasks are really applicable for implementing the development goals for the betterment of the quality of education. Without doing the reforms, it is not effective form for the implementation because the concept or the social context does not respond to the strategic plan. The strategic plan and the resource of mobilization and utilization can not be cut off from the the understanding from the context or it will be failed to implement. (MoEYS, (2006) Education strategic plan 2006-2010). The objectives of the Ministry of Education, the implementers received the commands from the Royal Government of Cambodia, are to conduct the holistic development within the Cambodian youths. Young people are considered as bamboo shoots which can replace the old and dying bamboo, so building up the capacity among them is compulsory. The development of understanding among young people needs to be done for all sectors. In addition, the Ministry of Education attempts to contribute and engender a sense of nationalism and civic pride because it is really essential for them to determine their own identities. It also strives to upgrade the concept of high standards of morality and ethics in order to build up a good country that people can live in harmony. According to this stance, three main purposes have been set. The first purpose is the equitable access to education that indicates that all Cambodian children have right to receive education at least 9 years (finished grade 9). They receiv e education for free of charge in which the Ministry of Education calls for to promote this prestigious opportunity for all young Cambodians. Secondly, promote the service quality and efficiency of education; so for the Ministry strives to promote the quality of education in all levels especially the low level of education. It has created more supporting programs. In that the establishment of teaching materials is also paid the utmost care. Third, the Ministry intends to introduce the the idea of capacity building for decentralization in which new curricular has been put to manipulate this concept within young Cambodians through lesson of decentralization. The curriculum has been set by focusing much on the expansion of decentralization (Education strategic plan 2006-2010). According to the strategies and policies that the Ministry has set and determined above, it is not uncertain to fully understand what can be the things that have come as constraints to make students at basic level stop study. A long with the stimulants that the government have distributed, the families have to have some involvements to keep students remain in school. The government has continuously conducted reforms to find and to determine the weak points. Thus, this paper is to seek for the deep understanding on the hardships on the demand side and the capacity of distribution of the supply side. We also study to find out how the government of Cambodia manipulates with these challenges. Challenges That Lead to Dropping Out There are several significant challenges which lead to the dropping out among children. Some challenges are ignited by the supply sides while the other is caused by the demand sides. There have been several researches revealed the challenges that lead to the dropping out. The world Bank, in 2004, did stress the problems that lead to the drop out. Each year there is high rate of enrollment at basic level, but they eventually abandoned the school. These phenomena were caused by some factors. First, there is the increase of child labor at the very young age; children were exploited by several means without getting any care from the society or it is lack to be care by the related individuals. Second, there was late enrollment of the children and after a few years in school they felt embarrassed because they saw themselves as big; eventually, they quit. Third, there was lack of readiness for the enrollment; at the beginning of the enrollment the families seemed to have ability to send the m to school and later on it was impossible to do, so they stop. Fourth, there is the significant number of incomplete the low level school. Fifth, the lack of qualified teacher was identified as the ignition of the school abandon among the young children. Finally, the identification of the cause was the lack of health-environmental facilities such as playground and libraries (WB 2004). In fact the number of enrolment at primary level is quite big. The process of their studies can proceed only for a few years and after that the big number become smaller and smaller. There are numbers of complicated obstacles for these drops out. According to the data conducted by EMIS, only 45 per cent of children who start primary school can eventually finish grade sixth and among them, there are only thirty-eight per cent can go to lower secondary school; some of them didnt finish grade 9; in lower secondary school; there are three years which most students can only reach grade 8. It is such a big number of drop out which will be foreseen as number that will be much downgraded to reach grade 9. With this high percentage of drop out, it takes 10.8 years for a child to complete his or her education in primary school (EBEP 2006-2010). Recently, the Royal Government of Cambodia announced its practical way in improving the education system. Also it proclaimed the great achievements. In the contradict to this, there are still some big problems remain behind the achievement. The drop out rates is still high among primary school children and only small number that can accomplish grade 9. This phenomenon is a constraint for the Ministry in reaching its goal in stimulating the young people to receive basic education from grade 1 to grade 9 by the year 2015. Along with this, some constraints are identified by the Ministry of Education. In order to identify such problem, the Ministry created another department called Education Sector Support Program (ESSP) to detect and identify the problem. The challenges are found as follows: i) low access to basic education, particularly lower secondary schooling, among children from poor families, girls, ethnic minorities, children with disabilities, and children who are living in rem ote areas. ii) high dropout rates in basic education, with this most dropouts occurring in upper primary school before children have completed the full cycle. iii) uneven quality and standards in basic education (Benveniste 2008, p 15). In 2005 the World Band wrote that the transition period is another main cause of the drop out. The drop out occurs when they finished grade 6, and they are awaiting to pursue to grade 7. The number of children about 75 percent were able to go through from primary school and among that only 52 percent went on their studies to the secondary school and finished their basic education (from grade 1 to grade 9). During this interval, the decisions of the children as well as their parents are abruptly changed for some reasons (World Bank 2005). Supply-Side Factors So far the Royal Government of Cambodia that has the Ministry of Education, Youth and Sports as an acting figure in implementing the educational policies has been working really hard to reduce the dropout rate among the basic education. The Ministry itself is looking for the the causes and it invests a lot of money in building facilities and instructional materials in recent years. Moreover, the government also set up policies to reduce the house whole financial burdens by letting children to enroll school for free. A long with this the necessity for the children to study is also supported. However, this support is still not enough for the children. The significant barrier for disadvantaged children is the direct cost. In recent year, the government commanded the removal of formal entry to enable them to enroll. Moreover, the Ministry strives to disseminate the information of free of charge enrollment for children. Some educational billboards about the importance of enrollment have been displayed in public to draw the understanding among parents. Unexpectedly, when students have already enrolled, some problems still occurred associated with the informal fees through providing the extra class to students or the like. This phenomenon should be combated for it functions as great constraint that lead to the drop out (Benveniste 2008). Another strategy to combat the dropout rate is to build up relationship with the community so that they can understand; they will support the enrolment and keep their children in school. In the citation of Education Strategic Plan 2006- 2010, there is the promotion of the relationship between homes and communities. The reasons of this expansion are to promote a shadow education which is considered as the important stimulant to achieve the objectives that have been launched. The campaign aims to disseminate the community- based information of holistic intervention at the early ages. The investments in early age among children has been increased from USD 0.19 million in 2006 to USD 0.3 million by 2010. The promoting program was supported by PAP (Priority Action Program) (Benveniste et al 2008). To ensure the stimulant package to upgrade within the children enrolment, the Ministry has also launched some other practical projects. In that, child friendly schools are seen significant to push the enrollment and to persuade children to remain in school. However, the campaign to spread the information about this project is not widely done so that parents do not fully understand the significance of it. If the parents know that they will value and help to encourage their children to remain in school. World Bank (2005) addressed other kind of constraints that lead to the dropout is the quality among teachers. The word quality in here does not really focus on the knowledge of the responsible subjects, but also the art or talent of teacher to harmonize with the students. Teachers need to have psychological knowledge to call for the interest among students. Qualified teachers can help students to stay in school more. In order to reform this, the project of quality improvement interventions program is also launched and a lot of money has been used to conduct this ability upgrading project. A long with student retention, promotion, and especially in student learning is done accompanying with teacher improvement. In the program of upgrading the quality of education, one dollar per pupil has been increased. The program also focuses on teacher training and this prestige implementation lead to the increase in points the students get between 0.70 and 1.05. After the implementation, there is the observation of increase in literacy as well; one dollar was invested in the upgrading policy, one percent was also excelled in student literacy. Another important task that the Ministry of Education pays its concentration in order to reduce the dropout is the investments in health care and skills training. Besides that, it goes to the the modernization of infrastructure.(World Bank: Quality Basic Education for All 2005) The followings are the components that can be used to stimulate the aspect of pushing the students to remain in school. The practical ways of encouraging students to remain are to enlarge the services to be available such as building up more school houses so that students are easy to get to school. This should be done in both primary and secondary school. Next, there should be the expanding of operating budget for these two levels. To do this can also lead to the elimination of gathering the illegal money. Thirdly, the development of remedial classes must be done. Fourth, the instructional material must be available to improve the quality of teaching and make the learning enjoyable for students. Sometimes it is hard for students to understand the abstract concept, so the use of teaching material can help students to form pictures in mind; they can understand better (World Bank 2008). Demand-Side Factors Elimination of unofficial fees. Unofficial fees are the significant constraint that make students families cant afford education for their children. In fact, under the support of the government, students do not pay for registration at the beginning of the new academic year. Surprisingly, students need to pay like bicycle parking fees; it is not a compulsory pay but students need to do unavoidable because they dont know where to park. The parking fees are thought to be too high sometime. Other unofficial fees are the fees students pay for the extra class. Students are not put pressure directly, instead they are put pressure indirectly through, for instance, giving low mark. Extra classes are reported in only 6-7 percent of small rural schools, but in more than 40 percent of large urban schools. Fees also vary considerably from less than R300 per class in small rural school to more than R500 in big urban schools (Araujo 2008. p. 58). Some other problems are identified for the demand side. These problems are the obstacle to miss persuading the students to remain in school. The primary education, especially the repetition of grade 1, 2 and 3 and the drop out of grade 5 and 6 still has some issues which have to be solved timely such as: a/Documents related to Child Friendly School program are not widely available. b/ PB budgets cannot be accessed at the start of the financial year, this impacts negatively on conducting activities and the achievement of targets. c/ The teaching hours and school calendar are often curtailed. d/ Insufficient access to textbooks reduces the quality of education and coverage of the curriculum. e/ Insufficient infrastructure, including: latrines, sources of water and sanitation, libraries in many schools in remote and disadvantaged areas impacts on students attendance and performance. f/ There are insufficient teachers in rural and remote areas undermining the quality of education and learning in these areas. g/ The capacity of District Training and Management Teams (DTMT) in all provinces and capital city is not strong enough to help the teachers and school directors improve school performance (National Education Congress Summary Report-Academic Year 2008-09 p.4) Work force The number of dropouts in the rural areas is higher than in the urban. In rural areas, children are subject to do works such as looking after cattle in the fields; besides that, those children need to do more chores like carrying water from ponds, wells nearby, and firewood to supply home. That is a great burden for them to manage time to study. When they are so busy with this kind of work, they seem to have no feeling to read books (Dy 2004). What the Government Should Do to Reduce the Dropout Rate In order to reduce the number of dropouts, the government should do several jobs such as staff training, financing, evaluating, facility providing, setting clear policies, and other program monitoring. As stated in the Congress Report (2009), staff training is important in reducing the dropout rate for it helps students to gain their knowledge quite well. It also relates to the quality of education. When students get good academic achievement, their families as well as themselves feel really proud so that they have strong commitment towards education. Sometimes, the academic achievement can insult students and their families and in the end student can quit their studies. Another important thing for the government to do is to finance especially on building more school building quite near to their home. The government has to ensure that one village there is one primary school. Besides the school buildings, financing on teaching materials is also important to achieve the effective academic result. Moreover, the government should provide more money for teachers. If teachers have high salary, it is clear that they spiritually have committed to their teaching and their teaching will have good result. Setting up clear indicators as well as other policies related education is extremely significant. Dy (2001) stressed the importance of clear policies making. Prioritizing the policies making is to pave the way clearly that the Ministry could access their goals. The Ministry of Education that has administrators to implement the policies should particularly focus on primary education by conducting special training for all teachers as well as the school principals. Conclusion It has been observed that the dropout rate is still remaining high even though the government has been striving its works to eliminate or to reduce. The areas that are considerably indicated as high are in rural. The problem is that in those remote areas really face many difficulties for children while the urban areas students seem to use most of their time in learning. In contrast to the city children, rural children use most of their time to do house work and other non-academic affairs. Although these problems occur, the government is the one which has significant function to stimulate the reducing process of the dropout among children in lower education.

The Future of Women in Sports :: Female Athletes Sports Essays

The Future of Women in Sports As the year 2010 has arrived, the problem of the portrayal of women in sports no longer lies in their fight for equality and opportunity, but in fighting off the competition with men. It is no longer an issue of women not being taken seriously or being looked down upon if they decide to be athletes, but that men want to take part in competition with women in sports. This film thus focuses on the struggles that the male protagonist faces in trying to compete with the popularity of women's sports and his desire to take part in the world of women's sports. Women in this film are portrayed as strong characters who are highly capable of doing what they do -- being professional basketball players. Their struggles lay in their dealing with fame and all the complications that it entails. These include rumors of financial problems, affairs, and infighting among teammates. The female protagonist is a character who can "do it all." She has a family, including two young children and a husband. She was raised in a proper household, but held on to her dreams of playing basketball for a living. The beginning of the film shows her struggles as a child in fighting against stereotypes, being taken less seriously than the boys, and being discouraged from playing sports. However, as she reaches high school and beyond, the sky is the limit. Her opportunities increase as women's sports in the general society are given greater emphasis and professional leagues are established for all sports that had an equivalent male league. The women's leagues' visibili ty and popularity rise among fans who become disillusioned with all the infighting that had been occurring in the male leagues. Soon, the financially disadvantaged male leagues decide to challenge the women's leagues to compete against each other. This is where the major climax of the film occurs. The male protagonist had been involved in a financial scheme within the male basketball league which ended in the murder of a major basketball star. He ends up broke, without friends, and with no possibility of playing professional basketball, especially in light of the financial distress that the league was experiencing. He knows of the success that the women's teams had been recently having and approaches the manager of his ex-team with a plan for reviving the popularity and financial wellbeing of the male league.

Change Management Assignment

Why did the managers at the two organizations have different ethical stances towards their customers? (Hint go to J&J’s website and look at its Code of Ethics)? The key reason of two organizations having different ethical stances towards their customers appears to be that J&J’s managers believed in their company’s ethical values, so that when confronted with an ethical dilemma as in 1982, they consistently followed the credo’s rules when making business decisions. Johnson & Johnson moved immediately to protect the public even though there was little chance that any other supplies of Tylenol were contaminated and the fact that their product was defective and dangerous. At DC in contrast, managers had been just â€Å"going through the motions. † When push came to shove, they protected their own interests and those of their companies in illegal ways. Dow Corning’s managers postponed action and, to safeguard the profits of their company, but they paid the price. Within months of its decision to pull Tylenol from store shelves, however, J&J regained its status as leader in the painkiller market and has since increased its market share because of its enhanced reputation for being a highly ethical company. The behavior of Dow Corning (DC) managers seemed out of character to many people. They had widely publicized and well-developed internal ethics rules that were supposed to reign in and prevent unethical behavior. When confronted with a crisis, their ethics systems did not prevent either company’s managers behaving unethically and illegally. Johnson and Johnson (J&J) also had a system of ethical rules in place. At its center is a credo describing its ethical stance toward customers, employees, and other groups. Outline a series of steps Dow Corning’s directors and managers should have taken to have prevented this problem? Dow Corning’s directors and managers should have taken series of following steps to have prevented this problem: * They should examine the nature of ethics and the source of ethical problems. * They should have had some strong internal ethical system in place to help guide them in making decisions. Had they had a system like J&J, this would have never happened. Dow Corning’s directors and managers should have immediately moved to protect the public / stakeholder interest * They should define rules or guidelines that companies can use to decide whether a specific business decision is ethical or unethical These rules include utilitarian, moral rights, justice, and practical rules, * They should examine the legal environment of business and describe the many kinds of laws, rules and regulations that must be followed, both at home and abroad, if a company is to do business in an honest and ethical way since ethics plays in shaping the practice of business and the life of a people, society, and nation.

Media arts essays

Media arts essays In the media arts class you learn about the camera and all about the different angles and shots there are. Some of these shots are; wide shots medium shots close ups and extreme close-ups. You learn that when you are filming a variation of different shots and camera angles can make the video that you are filming look good. Also in the media arts class you learn how to use editing programs. When your done filming your video you use this to edit the various clips and you choose what looks good and you turn it into your very own video. This class can be a benefit to some one if they decided that they want a career in media arts. They learn about video editing and how to use a camera hands on. They also have to be creative. You have to make story boards so that you know what you video will look like, what type of shots and camera angels you will use and also how long these shots will be. Some of the different careers that you can get into that involve media arts are; Film editor , Camera operator, Computer animator and video game developer, director, director of photography, Lighting Technician, Recording Engineer, Sound Technician, Special Effects Technician and Writer. When a film editor looks at shots they look for things like lighting, sound and how well the shot is (Performance by the actor(s)). The editor has to look for key things like if the shot involved some one losing a watch the editor has to make sure that the actor was wearing that watch in the previous scenes. If its a comedy the editor had to be careful on timing. There has to be enough time for the audience to laugh and then re focus on the movie. Editors work with the footage on an editing machine or a computer. They take the raw footage and make marks on the shot, from where it began and ended. The best thing to become a film editor is to have a post-secondary education and practical experience. The industry is competitive and a coll...