How the United States of America will respond to German Cars Essay

German cars are famous worldwide for their luxury, durability, innovation, exoticism and sophistication in terms of design and production. Whatever they make is perceived of high value in terms of money and exhibits high cultural values of the Germans. Over the decades the German philosophy of management is structured in such a way that it bring out an element of extremely reliable quality and focuses on the aspects of giving something new to the world. Their cars are known to the world and most preferred by their target market because of the reputations that have been able to maintain over the decades. The German apply the concept of high level engineering in the manufacturing of the product add extreme level quality management is applied. In order to explain the German concept let us take the example of Mercedes, a German car manufacturer. The brain child of Karl Benz, this company has grown up to the limits of providing high value cars to the market it caters. Mercedes is a brand that has attached its values with luxury and comfort which encompasses extreme engineering that focuses on precision engineering. The target market of Mercedes is the highest socioeconomic group given in any country in terms of income. The target market includes people who have a sophisticated life style and prefer luxury of any of the factor. Mercedes goes by the philosophy of providing more for much more. Obviously high and reliable product offerings are then associated with higher cost which the customers of Mercedes are ready to pay. Mercedes has always been known to come up with innovation in its products which are always shown in the new model which Mercedes launches. The values that are attached to the brand are always taken care of by the manufacturer and as a result, reflected on the end product. Mercedes philosophy is based on providing the best of what is required. Its product has now become a prestige for its owners who stand out from the rest of the population. Mercedes has a reputation of maintaining customer retentions and high customer satisfaction. This is done in terms through the medium of providing high quality cars and much better customer service that comes in the form of car maintenance and part a service supply. The customers enjoy the convenience of getting better maintenance because they become a part of the Mercedes family. The reputation has become a part of the brand that lives up to its value. The German car manufacturer on which we will be focusing has a product that caters to the higher class of customer as they would be differentiated on the basis of their income. Our customer is a person of age around 25-35 years, a person who is lively, energetic and more fun loving. He prefers luxury and comfort over economy of the product and would mind spend money that gives him satisfaction. If we classify our target market’s need on the Maslow’s chart of hierarchy of needs, we would place it on the end that is self-actualization. The personality of our customer is a healthy and active individual, who is also very classy and has a good taste of products. He prefers to go to clubs rather than normal bars and would celebrate his success with wine rather than a glass of champagne. Our customer is a winner and would never settle for something low. If we were to diagnose of how reactant our consumer is then we would rate it as an early adopter who is highly informative about the newly arriving product and is a connoisseur for fine products. Our aim is to target the higher class of people and also the younger segment because of the sustenance of our business. To make thing more specific, our cars that are luxurious and we are not willing to expand our product line. The whole concept to cater to this segment of the target market is because of the rich tradition and culture attached to German products. German philosophy in the car manufacturing industry is to provide something innovative and high-tech. So this target market is chosen to order to align with what are philosophy is. And the whole objective to expand our domain to other countries is solely based on the feasibility of the plan which includes profits and sustainable development of the expansion. These things will be emphasized upon when giving analysis of the expansion plan of the company in the following countries. Plus we will also look in to business and operations process reengineering which will be needed in different countries in order to align with the consumers of the country and their traditions also. United States of America: USA is a country that has a blend of people living in it. They include Caucasians, Latin Americans, Mexicans, Afro-Americans, Asian and many more. The majority of the population that lives in the U.  S is Caucasian or white Americans . However this majority is in terms of the relative ratio to the different races. The American culture includes a variety of aspects in it and is a very complex system in itself to analyze it. If we analyze the country as a whole then we will have to analyze the geographical, economical cultural, demographical, and social concepts of people living there. The geographical design of U. S is divided in to two categories which further have been divided for other studies. These categories are defined as cities and country side. An important thing to note is that the lifestyle of people who live in the two different categories is extremely different to each other. The city life is perceived as fast paced and more inclined towards professional environment. The residential areas are either near the business hubs which are expensive and are in the form of apartment and penthouses or separated from the city center and are located in the outskirts of the city. These places are residential areas that have houses, bungalows, schools, supermarkets etc. The standard of living in the United States is high which is also reflected in the lives in people living in cities. However people who live in the out skirts are usually those who have their own family and own a house in those places. The people who live near the city center usually reside in apartment and are singles. The people who live in the outskirt residential areas have their own cars for traveling, while those who live near the business hub are the ones who not use cars to travel to office and use public transport like buses, subways and taxis also. So the business should emphasize on catering to the segment that lives in the residential area. People can afford the car because of higher income status and because of the lifestyle that aligns with the product’s positioning. More over its customers live in expensive areas that prefer big luxurious cars. Right now the personal transportation mode of the American is automobiles. It is estimated to be 80% of the land transport. This mean that out of 100 American, 80 of them have their own car; which in the European countries is approximately 51%. This is an added benefit for the automobile manufacturers. The market which will be focused upon are mostly cities like New York (population of 20,000,000 approximately), Washington D. C. 6,000,000 approximately), Los Angeles (12,500,000 approximately), Chicago (9,600,000 approximately), Miami (5,500,000 approximately) and other cities. The political system of the country is based on the democratic system of government. Everyone has certain rights that are stated in the charter of democracy. Everyone one has a right to vote in the elections which determine who will lead the country for the next four years. The country has had an advantage of having wise president and a clever and socially binding congress which has the responsibility of passing laws for the better of the people as well as to contribute to the world. U. S. A has been lucky to not to face political turmoil and the law and order situation in the country is very good. The crime rates even though high do not majorly affect the economic functioning and are able to withstand any sudden disruption. After the terrorist attack on the World Trade Center the government has increased its budget on social security in order to prevent any further assault on the US soil and has been able to achieve its objective of maintaining peace in the country. This is also proven by the fact that the country has until now not encountered another attack since the last nine years. The government gives very much importance to the social expenditure which is aimed at improving the socioeconomic aspect (education, medical etc). This in turn increases the standard of living if the people who further help in maintaining a sustainable economy by creating opportunities for new entrant in the market. U. S. A has high investment opportunity. It is because the economy is capitalist economy which means that it is based on the free market trade and that there is no government intervention. Due to this, there is high investment on other businesses and the high growth opportunities. The tax rate in the U.  S is high, which is a symbol for a developed economy. The taxes given by the people to the government further help the government to contribute to the social expenditure it incurs. The tax rate, even though; are cost are outweighed by the profitability of the companies operating in the U. S. USA is a huge market for potential businesses to enter. This can be seen from the fact that it has a GDP of $14. 4 trillion. This shows that how big an economy US is. The private sector contribution to the economy is 55. 3%, which is a majority and it shows the strength of the private sector. This means that U.  S has high private investment firms who are also high tax payers. The United States of America also has the privilege of having the world’s largest stock exchange in terms of volume which is the New York Stock Exchange (NYSE). More over as it is a country that has diverse group of people living in it; the chances of success are very high. Secondly the country has started to come out of recession which hit back in 2008. This means that the dark period for the US economy will in very short time become a thing of the past and the only thing which is anticipated now is the economic growth of the country. Another thing which will add to the benefit of the transfer is that the interest rates in the US are all time low. Which means that cheap financing is available to people and due to this there will be an increase in consumerism which will further add up to the advantage of sales in the automobile manufacturing. Moreover the competition in the automobile industry is low in the US because of the bankruptcy of the automobile company due to the recession. These companies have either packed up or either been bought by Chinese or Japanese companies. Now the competition remains with only the Chinese or the Japanese manufacturers. German cars comparatively have more edge to other manufacturers because of the higher quality and a very good reputation. Then to add further USA ranks third in the oil production industry. It is also the largest importer of oil. This means that there is no problem of availability of fuel for those who can afford it. The culture of a country is defined by the people living in it. It is the representation of the behavior and practices of the people in their daily lives. Everything what people feel, think and learn is a part of learning that comes from culture. The culture of U. S is a blend of people living in it. As described above there are many races in the United States. And since it is known that culture is adaptive and changes according to time, the mixture of their cultural values has evolved to form what is called the American way of life. U. S is also a house for people who belong to different religion and practices. The majority of the population living in U. S belongs to Christianity. There are also Muslims, Jew, Buddhists, Hindus and people of other religions living in America. What is unique about the people is that even though they consider themselves as American, they do not necessarily share a common set of ideas and beliefs. This is because even though they live in America that adds up to their social learning that comes through interacting with other people, their parenting and inherited learning is different from one another. This means that people belonging to different groups may have different behavior in different situations. This adds to the out benefit since the values related to luxury and satisfaction is espoused value that all the people of different races tend to share. Humans have always had the tendency to develop. People strive to in order to increase their standard of living. This means that with the growth of economy and socio-political environment people develop the tendency to get to the next level of their needs which are then changed into their wants and they demand for thing that gives them satisfaction. The change in the wants of people is reflected by their demand for a particular thing. So it won’t be wrong to say that growth in the economy is directly proportional to the demand of products which is an added benefit to the businesses. During the nineteenth century, the American philosophy was of working hard to become well off evolved into the increase in the social status. This is was the belief that was prevalent among the whites. This philosophy has now shifted to the Asians.

Definition of Clipper Ship

Definition of Clipper Ship A clipper was a very fast sailing ship of the early to mid-1800s.   According to a comprehensive book published in 1911, The Clipper Ship Era by Arthur H. Clark, the term clipper was originally derived from slang in the early 19th century. To clip it or to go at a fast clip meant to travel fast. So it is reasonable to assume the word was simply attached to ships which had been built for speed, and as Clark put it,  seemed to clip over the waves rather than plough through them. Historians differ on when the first true clipper ships were built, but there is general agreement that they became well established in the 1840s. The typical clipper had three masts, was square-rigged, and had a hull designed to slice through the water. The most famous designer of clipper ships was Donald McKay, who designed the Flying Cloud, a clipper that set an astounding speed record of sailing from New York to San Francisco in less than 90 days. McKays shipyard in Boston produced notable clippers, but a number of the sleek and speedy boats were built alongside the East River, in shipyards in New York City. A New York shipbuilder, William H. Webb, was also known for producing clipper ships before they fell out of fashion. The Reign of the Clipper Ships Clipper ships became economically useful because they could deliver very valuable material faster than more ordinary packet ships. During the California Gold Rush, for instance, clippers were seen to be very useful as supplies, ranging from lumber to prospecting equipment, could be rushed to San Francisco. And, people who booked passage on clippers could expect to get to their destination faster than those who sailed on ordinary ships. During the Gold Rush, when fortune hunters wanted to race to the California gold fields, the clippers became extremely popular. Clippers became especially important for international the tea trade, as tea from China could be transported to England or America in record time. Clippers were also used to transport easterners to California during the Gold Rush, and to transport Australian wool to England. Clipper ships had some serious disadvantages. Because of their sleek designs, they could not carry as much cargo as a wider ship could. And sailing a clipper took extraordinary skill. They were the most complicated sailing ships of their time, and their captains needed to possess excellent seamanship to handle them, especially in high winds. Clipper ships were eventually made obsolete by steam ships, and also by the opening of the Suez Canal, which dramatically cut sailing time from Europe to Asia and made speedy sailing ships less necessary. Notable Clipper Ships Following are examples of illustrious clipper ships: The Flying Cloud: Designed by Donald McKay, the Flying Cloud became famous for setting a spectacular speed record, sailing from  New York City  to San Francisco in 89 days and 21 hours in the summer of 1851. To make the same run in less than 100 days was considered remarkable, and only 18 sailing ships ever accomplished that.The New York to San Francisco record was only bettered twice, once again by the Flying Cloud in 1854, and in 1860 by the clipper ship Andrew Jackson.The Great Republic: Designed and built by Donald McKay in 1853, it was intended to be the largest and fastest clipper. The launch of the ship in October 1853 was accompanied with great fanfare when the city of Boston declared a holiday and thousands watched the festivities. Two months later, on December 26, 1853, the ship was docked on the East River in lower Manhattan, being prepared for its first voyage. A fire broke out in the neighborhood and winter winds tossed burning embers in the air. The rigging of the G reat Republic caught fire and flames spread down to the ship. After being scuttled, the ship was raised and rebuilt. But some of the grandeur was lost.   Red Jacket: A  clipper built in Maine, it  set a speed record between New York City and Liverpool, England, of 13 days and one hour. The ship spent its glory years sailing between England and Australia, and eventually was used, as were many other clippers, transporting lumber from Canada.The Cutty Sark: A late era clipper, it was  built in Scotland in 1869. It is unusual as it still exists today as a museum ship, and is visited by tourists. The tea trade between England and China was very competitive, and Cutty Sark was built when clippers had been essentially perfected for speed. It served in the tea trade for about seven years, and later in the trade in wool between Australia and England. The ship was used as a training vessel well into the 20th century, and in the 1950s was placed in a dry dock to serve as a museum.

17 Best Fine Arts Colleges in the US

17 Best Fine Arts Colleges in the US SAT / ACT Prep Online Guides and Tips If you’re interested in attending a fine arts college, your college search may be trickier than the average student's. It’s relatively simple to compare standard undergraduate degree programs, but fine arts schoolscan be so different: they have different specialties, different facilities, and different curricula. How do you know which fine arts colleges are the best, and how do you know which ones would be good fits? I’ve taken the first step for you by compiling a list of some of the topfine arts colleges and bachelor's programs in the country. Each one offers something a little different, making this ranking list a bit more unique (and a bit more interesting) than your average college ranking list. Because it’s difficult and perhaps unhelpful to give these schools a definite ranking on this list, I’ve separated them into school type. I’ve also prepared some strategies for figuring which schools best meet your own personal needs. But before all that, I’ll answer a more basic question: what is a fine arts college, exactly? What's a Fine Arts College? Put simply;a fine arts college is a school that educates students in the visual or performing arts. These schools offera couple of different degree options: Bachelor of Fine Arts: If you get a BFA, or Bachelor of Fine Arts, the majority of your undergraduateeducation willconsist of practical studio work instead of more traditional lecture or discussion classes. For example, a typical BFA program might have students in fine arts courses 2/3 of the time and general education courses 1/3 of the time. Bachelor of Art: aBA, or Bachelor of Art, is the most common undergraduate degree - most people with BAs didn't study fine arts. If you choose this type of degree program, it just means that you'll take more general education courses than if you chose a BFA. For example, you might spend 1/3 of the time in fine arts courses and 2/3 of the time on general liberal arts studies. Once you choose your degree type, you'll most likelyhave to choose an arts specialty. This is like a major that helps you hone in and excel within a particular field or area. Many fine arts colleges have a wide variety of specialties to choose from, including acting, musical theater, ceramics, computer animation, creative writing, dance, sculpture, and drawing (just to name a few). The standard fine arts schoolonly offers degree programs that focus on, well, fine arts. But you can also getthe BA in fine arts, or even a BFA, at some liberal arts colleges or universities.I'll present the top degree programs at both fine arts colleges and other colleges and universities in the following rankings list. How Are These Schools Ranked? Fine arts colleges are generally either specialized stand-alone institutions orprograms embedded within a larger university. Because fine arts programscan come in various forms, they’re a bit difficult to compare - they’re not necessarily standardized.So,I used a combination of aggregated ranked lists and industry opinions to compile a list of the top fine arts colleges in the country. Because colleges thatspecialize solely in fine artsare pretty different fromlarger, liberal arts universities, I separated the schools into lists based on this distinction. Once I separated them into these two groups, I arranged them in alphabetical order. Although there are a few stellar, stand-out institutions (which I make note of at the beginning of each section), fine arts schools rankings are difficult to standardize because they can offer such different resources to students. Because of this, I encourage you to look for schools that best fit your own artistic goals and preferences when considering these lists. As for the actual factors deciding whether I included a school on this list? I considered things like quality of facilities, program faculty, alumni network, industry opinion, aggregated ranking lists, and program offerings. If you're interested in any of the schools listed below and want to get admissions stats, just click the school name. Let's get to the rankings! Fine ArtsSchools I imagine you'll be moving way beyond primary colors at any of these schools. The following schools are primarily dedicated to art and design education. The real standouts here - the schools that tend to be ranked at the top of lists year after year - are the Rhode Island School of Design, School of the Art Institute of Chicago, and the Savannah College of Art and Design.You may notice when you review the list that these schools tend to be relatively larger than some others, with a wider variety of program offerings. California College of the Arts This school is primarily dedicated to educating students in the arts. It offers 21 undergraduate programs in fine arts, including an "individualized major" option for students who may have extremely niche interests. California College of the Arts alsoretains strong faculty members and supplements the offerings of core educators with a rotation of visiting artists, designers, and writers. Finally, the student-faculty ratio is an impressively low 8:1. Degrees offered: BA, BFA Read more about CCA's undergraduate offerings Maryland Institute College of Art Maryland Institute College of Art offers 16 different art majors, including several interdisciplinary options like "interactive arts" and "interdisciplinary sculpture." In addition to these options, students also get to choose from a wide range of studio concentrations. The school's faculty includes 219 professional artists, designers, art historians, poets, and writers. The student-faculty ratio stands at a low 10:1. This school is particularly strong in graphic design, painting, and drawing, so it may be a good option for students who wish to pursue any of those artistic concentrations. Degree offered: BFA Read more about MICA's undergraduate offerings Pratt Institute At the Pratt Institute, students can choose from degrees in Art Design Education, Digital Arts, Film, Fine Arts, and Photography. The school also offers several associate's degrees in fine arts if you're not sure whether you want to commit to a bachelor's program. Overall, this institution is ranked consistently well for their fine arts, design, and studioprograms. Degree offered: BFA Read more about fine arts at the Pratt Institute Rhode Island School of Design The Rhode Island School of Design, or RISD, is one of the most well-known and well-celebrated fine arts schools in the country. It offers16 undergraduate majors and state-of-the-art facilities and tools. RISD prides itself on providing students with opportunities towork collaboratively with faculty mentors. And the faculty it retains are impressive - many are renowned artists like Chris Van Allsburg, a famous children's book illustrator. One of RISD's most impressive appeals, though, is its location: Providence is one of the most artisticallycultured cities in the country. Degree offered: BFA Read more about RISD's programs RISD also comes with free natural inspiration. Savannah College of Art and Design SCAD is one of the most prestigious art and design institutions in the countryandhas an impressive variety of fine arts specializations for undergraduates. Students can get a degree inalmost anything you can think of, including animation, visual effects, fibers, and furniture design. The school also has an impressive faculty and alumni network, a big plus when it comes time for applying to grad school or jobs. Degree offered:Depends on your specialization Read more about SCAD's fine arts programs School of the Art Institute of Chicago The School of the Art Institute of Chicago is one of the largest art schools in the US. Because of its size, it can offer some more unique specializations, including things like art therapy, time arts, and visual communication. Ithas over 550 faculty members, which might make it easier to find a professor or mentor who shares your interests and passions. Finally, this school is affiliated with one of the best art museums in the country. Degrees offered: BA, BFA Read more about SAIC's program offerings The New School The New School is primarily dedicated to the arts; it offers many flexible degree programs to artistically-inclined students. ItsBFA program in fine arts is offered through the Parsons School for Design in NYC. Degree offered: BFA Read more about The New School's fine arts program Fine Arts Programs at Other Colleges Universities What could be more fun than a studio course? Some strong fine arts programs aren't offered at art-specific institutions, but instead through art departments at colleges or universities. The real standout on this list isYale,which offers one of the best art programs in the country as well as a top-notch general education. These options arelikely better for students who are seeking more of a balance between a fine arts education and a general or liberal arts education. Columbia University Columbia offers a prestigious fine arts program that's located in the heart of the art world: New York City. The program boasts a long list of notable alumni and faculty members, which means it's easier for students to make and develop professional and personal connections in the field. Students who attend Columbia's School of the Arts can concentrate in Drawing, Painting, Sculpture, Photography, Printmaking, or Video. Degree offered: BA Read more about Columbia's fine arts program Cornell University Cornell offers a BFA program at its School of Art, Architecture, and Planning. The program emphasizes artistic training, contextual preparedness, critical thinking and expression, practical understanding of the contemporary art world, and sustainable practice. Because of the program's broad aims, you may get more of a liberal arts spin with this BFA. Degree offered: BFA Read more about Cornell's fine arts program CUNY Hunter College Hunter College offers a program that’s geared towards students who want to work professionally as an artist, particularly if they want to go on to grad school. This is a â€Å"fifth-year† program that gives students aprolonged, intense focus on studio practice, contemporary art, and theoretical issues - this extra year might help give you an extra boost in the professional world. Degree offered: BFA Read more about Hunter's fine arts program. Princeton University Princeton's Program in Visual Arts combines a liberal arts education with a fine arts education. Students can take courses in a range of subjects, includingpainting, drawing, graphic design, media, sculpture, photography, filmmaking, and film history criticism. Degree offered: BA Read more about Princeton's fine arts program Alfred University Alfred’s College of Ceramics provides an education that combines visual fine arts, design, and the science of ceramics, glass, and materials. It's more specialized than many of the other fine arts schools on this list, but an awesome choice if you’re interested in working with any of the above materials. Degrees offered: BFA, BS (in art history) Read more about Alfred's fine arts program Alfred: A great place for potters Tufts University A joint School of the Museum of Fine Arts and Tufts BFA program means you get the benefits of a top liberal arts education in combination with studio art training. Students are fully enrolled at both schools, with access to resources offered by both institutions. This program is a good option for students who prioritize flexibility: the studio curriculum is entirely elective, so you can pick and choose the courses that most interest you. Degree offered: BFA Read more about the SMFA/Tufts program UCLA UCLA, one of the best public schools in the US, is also home to one of the country's best art departments. Students encouraged to explore different mediums to discover the best way to express themselves, making this program pretty flexible. Courses are offered inpainting and drawing, photography, sculpture, ceramics, art theory, and new genres. Degree offered: BA Read more about UCLA's fine arts program. University of Pennsylvania UPenn offers an undergraduate fine arts program through its school of design. Its fine arts educationblendsstudio practice, seminar courses, and interactions with visiting artists and professionals. Degree offered: BA Read more about UPenn's fine arts program Williams College The art department at Williams is one of the largest at the prestigious liberal arts college, and the department itself shares space with the Williams Museum of Art. The school itself is pretty small, so the majors offered are broad and limited in number - they include art history, studio art, and art history practice. Degree offered: BA Read more about the fine arts program at Williams Yale University Last but not least, the School of Art at Yale offers a variety of art and media courses. It's also one of the top-ranked MFA programs in the country,which points to the strength of the school. The faculty ishighly lauded - most of them have been published and/or awarded for their work. Finally, the facilities themselves are sure to impress, as students have access to art galleries, a silk screening print shop, photo labs, several theaters, and a digital media center. Degree offered: BA Read more about the fine arts program at Yale How to Choose the Right Fine Arts Program These tips will help you think about which schools might be best for you. In order to be successful in a fine arts program, you should strive to make sure that the school closely matches your needs. Fine arts programs are often pretty small - you’ll be doing a lot of studio work, and will be collaborating closely with peers and faculty. Because of the collaborative nature of the work you'll be doing, it's important that you feel comfortable with the program, students, and faculty. Before you settle on target schools, here are some factors to consider when thinking about what schools may be right for you. Program Specialties and Curriculum If you work pretty exclusively with a specific medium, you’ll want to attend a school that has extensive resources available so that you can work with that medium. For example, if you work with ceramics you might not want to focus your attention on Columbia University because Alfred might be a better fit. Alternatively, if you’re open to exploring different artistic mediums, you might seek out a more flexible program - like the one Williams College offers, for example. Faculty You'll want to find a school with qualified faculty who can serve as knowledgeable mentors. Look into whether schools retain faculty members whose work you’re interested in. You might also consider whether a school brings in fresh and exciting faces via visiting artist programs. Finally, check out the student to faculty ratio: is it low enough that you’re confident you’d get individual attention? Location A big part of a degree in fine arts will often be working in the art world via internships. Is the school located somewhere that will facilitate these internships, or have programs that will help you get internships in art and cultural centers? Notable Alumni If you’re impressed with aschool’s alumni network and number of successful grads, that’s a good sign. This indicates that it'll be easier for you to make and utilize professional connections through the school. What's Next? If you're artistically inclined but aren't dead-set on a fine arts program, you should check out our list of the top 10 art schools in the US - these might offer a bit of a broader scope than the schools listed above. If you want to end up on the west coast, you'd probably be interested in our list of the top art schools in California. To prepare the best fine arts application possible, you definitely need to read about how to prepare a stellar art portfolio. Finally, you'll want to be able to pay for all of this, right? Check out the top art scholarships in the US. Want to improve your SAT score by 160 points or your ACT score by 4 points?We've written a guide for each test about the top 5 strategies you must be using to have a shot at improving your score. Download it for free now:

Policy making in the federal system Research Paper

Policy making in the federal system - Research Paper Example roads and bridges), and preventing accidents. States will determine their own objectives for enhancing cargo transfers, reducing blockage, modernizing infrastructures, and ensuring safety. MAP-21 incorporates a number of conditions to cut down costs and expedite project delivery time (n.a., 2012, 1). This essay analyzes how MAP-21 raises the issue about the conflict between state (local) and federal governments, its pros and cons, its effectiveness as a policy, and its consistency with the constitutional framework of American federalism. When the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) concluded in 2009 the Congress agreed to draft another transportation proposal. The Senate successfully submitted a thoroughly drafted proposal—MAP-21. This Act was a major bipartisan program (Dilger, 2012, 1). Even though federal authority over surface transportation policy is still important, MAP-21 characterizes an extension of earlier focus of reauthorization on enlarging the state administrations’ executive power. For instance, the policy grants state governments more freedom in the utilization of federal highway support. It also grants states more freedom by increasing the projects entitled to resources reserved for non-highway associated improvements, like historic conservation, renovation of rails, and environmental protection. State governments were also given greater privilege to shift a percentage of those resources, within given conditions, to other fe deral safety and highway projects (CMAP Updates, 2012, para 4-5). However, some argue that the federal government has an obligation to make sure that federal resources are spent in the most resourceful and valuable way to advance the national objective of safeguarding the environment and boosting national economic development (Dilger, 2012, 2). They believe

Literary Analysis Essay Example | Topics and Well Written Essays - 750 words - 5

Literary Analysis - Essay Example (American Literature,2008). Sherwood Anderson, the American writer with a number of characters emerging in the story tries to describe the narrow mindedness and indifferent approach in people’s thinking and the resistance that the society offers to one who desires change and development. The storyline is a journey of a young man, George Willard, taking a train to Westbound from Winesburg. The journey is a symbolic representation of the urge to change and the process of striving across the limiting factors. An indication of inspiration and hope reveals while reading in between the lines of the first few sentences of the story. A commentary on the book by Sparknotes (2008) has reiterated this factor of inspiration as it is stated that George Willard in his journey is taking the readers also along with him. The buds sprouting after the fall represents the scope and the fortune waiting the young generation. A representation of the young generation has been made as George Willard, the main character of the story is said to wake up early in the morning. The carpet that the maple leaves pave under the foot symbolizes the future and fortune ahead, if the road towards a change is taken. The concern on the future has been portrayed as the boy had been thinking and wondering on what he would find at the end of the journey. Further, George Willard passes across a boy who was snoring in the coat laid in the hotel office. Here the main character is overtaking a representative of the lazy young generation in the journey towards change. A ray of hope and prosperity is brought in to the scene by the long streaks of light climbing into the sky. However the goodness of the past is still twinkling, as a star of the previous night is still found in the sky. When the boy walks into the lonely street it becomes obvious that in his journey of change he is alone, which in other ways is a representation of a revolutionary thought for development and the

LLB Company Law Coursework Example | Topics and Well Written Essays - 2500 words

LLB Company Law - Coursework Example In answering the questions of the case, the paper will first present a thorough view of the form of private limited companies in order to advise Emma. She will be told about the advantages and disadvantages of them, and why it should be opted over partnership. The second part of this paper will advise Chris and David on whether they can go against the articles written down in their Articles of Association. If they can, then how they can go about it and if not, then what other options and alternatives they have will be considered. Private limited companies are often compared with either partnership which is one step behind or public limited companies which are a step forward. This means that if there are two or more people starting a company, they can either opt for partnership or a private limited company. They can also form a public limited company directly but it is ideal and normal to move to a plc from a private limited. Companies are usually started as private limited and then are gone public or 'floated' (Bendrey et al, 2004). A private limited company or Ltd. is a form of organization which is a legal entity. It is not only a legal entity but a separate legal entity. This means that company is separate from the shareholders. In other words, the company exists in its own rights and not through the shareholder (Carysforth, 2004). This is further explained as the concept of Limited Liability which will be discussed in detail later. Furthermore, the owners of the company are also the shareholders of the company (Carysforth, 2004). This means that in order to become owners, shares of the company need to be owned. The amount of shares held in the company can change with time and so can the number of shareholders, with no limit to them (Carysforth, 2009). Shares are sold to raise capital in a Ltd. The name suggests that shares are only sold privately and are not listed on the stock exchange. In order for a company to become a private limited company, many different legal requirements have to be met. Each of the points mentioned above will be discussed in more detail in the following sections. Legal Requirements In setting up a private limited company, Emma, Chris and David must understand that there are more legal requirements than partnership and lesser requirements and paperwork than public limited companies. In becoming a private limited company, the following legal requirements have to be met (Carysforth, 2004): A Memorandum of Association which has details about the company - its name, address, owners, liability, activities, objectives, etc - and an Articles of Associations that establishes how the company will be run by the directors must be produced before a company can become a limited one. There must be at least two people starting the company. In the case of this salon, this requirement is met because there are three partners. However, what is important to understand is that each owner must own shares. They can also add more people as owners by selling shares to them. The specifications which also include the Articles and Memorandum of Associations must be registered with the Registrar of Companies. The Registrar ensures the complete formation

Establishing a Case for Murder

Establishing a Case for Murder There is little doubt that Gharmi will be charged with Peter’s murder, unless any autopsy carried out shows that his death was completely unrelated to his ingestion of the rat poison. On the given facts this seems extremely unlikely. In order to establish a case for murder it is the responsibility of the prosecution to prove that Gharmi was in the correct state of mind (mens rea) when she placed the rat poison in Peter’s rice-baryani. For murder this is malice aforethought[1] either express or implied[2]. This can also be described as an intention to unlawfully kill the victim (express malice) or cause grievous bodily harm (implied malice). Grievous bodily harm is defined for these purposes as really serious harm[3]. In addition to this mental element the Crown must establish that Gharmi actually did the act which caused Peter’s death (actus reus), that is she placed the poison in the food – clearly a very simple process in this instance. Dependant upon the evidence available it may be the case that the Crown Prosecution Service does not feel that it will be possible to sustain a murder charge. In this case they may downgrade the charge to one of involuntary manslaughter. This would be the case if it was felt that Gharmi had not intended to kill or cause grievous bodily harm to Peter[4], but had simply intended to ‘injure, aggrieve or annoy’[5] him. For a charge of involuntary manslaughter to be possible, the act which causes[6] the death must be unlawful, meaning it must constitute a criminal offence[7]. There is little doubt the poisoning of Peter’s food and tea would constitute an unlawful act[8], regardless of Gharmi’s intentions, unless it can be shown that she intended no harm, which seems unlikely. Gharmi can only be guilty of involuntary manslaughter if it is thought by a jury that it would be inevitable to the reasonable person that her actions would pose the risk of at least some h arm to Peter[9]. It is important to note that it is irrelevant whether Peter’s death was caused by Gharmi’s poisoning of his food or his tea. Since it was possible for either to cause his death it is not necessary to draw a distinction between the two[10]. Involuntary manslaughter has been described as a homicide which occupies ‘the shifting sands between the uncertain †¦ definition of murder and the unsettled boundaries of excusable or accidental death’[11] and it is this uncertainty that Gharmi would need to rely on. Is it possible for a jury to be sure that she intended to kill Peter? Clearly the facts of the case are extremely relevant here, namely the amount of rat poison used and Gharmi’s knowledge of its possible effects. If convicted of manslaughter Gharmi may, at the discretion of the court, face up to life imprisonment[12]. If the Crown Prosecution Service intends to persist with the charge of murder against her Gharmi will need to consider whether she is a position to try to defend the charge in some way. The most likely defence available to Gharmi is that of voluntary manslaughter by provocation. The jury must be satisfied that Gharmi was ‘provoked (whether by things done or by things said or both together) to lose [her] self control’[13]. It is interesting to note that despite this being a defence the onus of proof is placed on the prosecution to demonstrate that there was not any provocation. The judge must make this clear to the jury[14] and should indicate to them any evidence that might indicate that provocation took place and therefore support the defence[15]. In essence whether this defence is available is purely a decision for the jury based on the evidence. Section 3 of the Homicide Act 1957 raises two questions which must be considered by the jury. The first is the subjective question of whether the Gharmi was provoked to lose her self-control by the things that Peter had said or done to her. In order for provocation to be considered it must be decided that Gharmi was so affected by Peter’s words and actions that she suffered a sudden loss of self-control so that she was ‘so subject to passion as to make [her] for the moment not the master of [her] mind’[16]. Clearly the longer the time between the provocation and the actions of the defendant the less likely it is that the provocation can be said to result in a sudden loss of control[17]. This is more likely to be considered to constitute a situation where the defendant simply exacts revenge on the victim for their actions, and this level of deliberation would be inconsistent with the defence of provocation. Whilst it is essential in order for the defence of provocation to be valid that the act of the defendant follows immediately upon the provoking acts of the victim, it is not essential that the victim’s last act is the only one that triggers the defendant’s actions[18]. This is clearly hugely relevant to Gharmi, in that she has suffered a level of abuse from Peter for the last two years. Since Gharmi has been involved in a series of abusive and violent arguments with Peter over time, the jury are far more likely to be asked to consider that this, on the face of it, relatively minor argument constitutes a ‘last straw’ for Gharmi[19] and that she suffered a loss of self-control following it. It is irrelevant for the purposes of the defence of provocation that Gharmi may have at this or any point in the past induced Peter with her comments, especially regarding Dhoop, to act in the way he did. Since section 3 of the Homicide Act 1957 does not expressly preclude circumstances where the defendant has induced an action or a reaction from the victim, which in return caused the defendant to lose control the defence of provocation must be put before the jury[20], as it would if the defendant had not caused any kind of provocation to the victim. It seems likely that Gharmi would meet the requirements of this subjective test, but in order to successfully plead provocation as a defence to murder she must also meet the requirements of the objective test in section 3. The jury must consider not only that the defendant lost their self-control, but also whether all of the things done or said as a provocation might have provoked the reasonable man to do as the defendant did[21]. The directions that would need to be given to a jury at this point are somewhat complex and would need very careful consideration. The jury must assess the level of provocation in relation to any particular peculiarities that the defendant might have[22]. If the defendant is of a particularly sensitive nature regarding some aspect, this must be taken into account when the jury are considering the level of provocation applied by the victim. When this has been assessed however, the jury must then weigh up the standard of the defendant’s self-control against that of the reasonable person, of the same sex and age of the defendant, exercising ordinary powers of self-control[23]. The jury can not take into account any of the defendant’s particular peculiarities when assessing whether they have exercised reasonable self-control. It is not necessary for the act which has been provoked to be in any way proportionate to the provocation, but the jury should consider this when deciding whether the reasonable man might have reacted in the same manner as the defendant[24]. What this means for Gharmi is that whilst a jury will take into account any personal traits that she might possess with regards to the level of provocation which might provoke a reaction from her, they will then need to decide whether a woman of the same age as her, with a normal level of self-control, might have acted in the same manner. They will take into consideration the level of abuse Gharmi has received from Peter and the period over which it has been received for the purposes of assessing whether it is of a serious enough nature to support the defence of provocation. Having done this they cannot take it into account further when deciding whether Gharmi acted reasonably, this must be assessed against the standard described above. There are one or two matters which may be of concern to the jury when considering provocation in relation to Gharmi’s killing of Peter. The first is that her reaction did not follow the provocation immediately. Gharmi spent time cooking Peter’s meal and, it may be considered, took time to plan her revenge in a controlled manner. The counter argument to this would of course be that Gharmi must have been aware that her actions would result in her arrest and in that circumstance it seems far more likely to have been a moment of loss of control on her part. It would seem unreasonable to think that she might prefer to kill Peter and leave her son without either parent, instead of exacting some other kind of revenge on him; such as leaving and marrying Dhoop. The other concern would be that her revenge, given the fact that the relationship was a tempestuous one, was not proportionate to the provocation. It has been mentioned that this does not need to be the case, but it is s omething that would be considered by a jury when deciding whether Gharmi’s reasonable counterpart would have acted in the same manner she did[25]. At this stage of their deliberations the jury cannot take into account any of Gharmi’s personal characteristics, such as the possibility that she might be more sensitive to Peter’s comments as a result of the length of time the abuse has continued for. They must simply say that if provoked would the reasonable woman of Gharmi’s age have reacted as she did. It is far less likely that a person who has not suffered sustained abuse would have reacted by killing Peter, but this is how Gharmi must be judged. If found guilty of murder Gharmi will face a mandatory life sentence, which means, for the type of murder she has committed, she will face a prison sentence of not less that fifteen years[26]. It has already been stated that if convicted of involuntary manslaughter she could also face a life sentence[27] there is however some discretion in sentencing. The same applies if Gharmi successfully pleads voluntary manslaughter through provocation[28]. The court will take into account the level of provocation, the time span between the provocation and the unlawful killing and the length of time that the provocation has taken place for. Clearly the less the provocation and the shorter its duration the longer the sentence that will be issued to the defendant, providing there are no other mitigating circumstances. The sentence range is from life imprisonment to no custodial sentence at all. It seems likely on the facts that Gharmi would face some kind of custodial sentence, but given the length of time the provocation continued for it, would be lessened from life, however it is recognised that actual physical violence or anticipated violence are considered a greater provocation than verbal abuse alone. On the given facts Gharmi did unlawfully kill Peter. If this was not intentional she may face a charge of manslaughter. In 1989, the last year for which figures are available, the number of indictments for homicide was 371 of which there were only 28 convictions for involuntary manslaughter as opposed to 131 for murder and 110 for other types of manslaughter[29]. With this in mind it seems, on the facts, that Gharmi is far more likely to be successful in a plea of manslaughter through provocation in order to reduce her conviction from murder than have it reduced to involuntary manslaughter by claiming that she did not intend to kill Peter. 2000 words Table of Cases A-G’s Reference (No. 4 of 1980) [1981] 2 All ER 617 A-G for Jersey v. Holley [2005] UKPC 23 DPP v. Camplin [1978] AC 705 Phillips v. R [1969] 2 AC 130 R v. Ahluwia [1993] Crim. LR 63 R v. Cascoe [1970] 2 All ER 833 R v. Church [1966] 1 QB 59 R v. Dias [2001] EWCA Crim 2986, R v. Kennedy [2005] 1 WLR 2159 et al R v. Duffy [1949] 1 All ER 932 R v. Humphries [1994] 4 All ER 1009 R v. Inner South London Coroner, ex p Douglas-Williams [1999] 1 All ER 344 R v. Johnson [1989] 1 WLR 740 DPP v. Smith [1961] AC 290 R v. Stewart (Benjamin James) [1995] 4 All ER 999 R v. Taylor (1834) 2 Lew CC 215 R v. Thornton (Sara Elizabeth) (No.2) [1996] 2 All ER 1023 Woolmington v. DPP [1935] AC 462 Table of Legislation Criminal Justice Act 2003 Homicide Act 1957 Offences Against the Person Act 1861 Bibliography Allen, M. J., Elliott and Wood’s Cases and Materials on Criminal Law 8th Edition (2001), London: Sweet Maxwell Halsbury’s Laws of England, Criminal Law, Evidence and Procedure (Volume 11(1)) (2006 Reissue) Paragraphs – 92 – 101: Web Version Holton, R. and Shute, S., Self Control in the Modern Provocation Defence (2007), Oxford: Oxford Journal of Legal Studies (27(1), 49 – 73) Office for National Statistics, Criminal Statistics for England and Wales (1998), Cm 4649 Ormerod, D., Smith and Hogan Criminal Law 12th Revised Edition, (2008), Oxford: Oxford University Press Ormerod, D., Smith and Hogan Criminal Law: Cases and Materials 9th Revised Edition, (2005), Oxford: Oxford University Press Reed, A., Jury Directions on Provocation (2006), Criminal Lawyer (158, 1 – 3) Sentencing Guidelines Council Guideline: Manslaughter by Reason of Provocation (2005) Slapper, G. and Kelly, D., The English Legal System 7th Edition (2004), London: Cavendish 1 Footnotes [1] Homicide Act 1957, s.1 [2] Woolmington v. DPP [1935] AC 462 [3] DPP v. Smith [1961] AC 290 [4] R v. Taylor (1834) 2 Lew CC 215 [5] Offences Against the Person Act 1861, s.24 [6] R v. Inner South London Coroner, ex p Douglas-Williams [1999] 1 All ER 344 [7] R v. Dias [2001] EWCA Crim 2986, R v. Kennedy [2005] 1 WLR 2159 et al [8] Offences Against the Person Act 1861, s.24 [9] R v. Church [1966] 1 QB 59 [10] A-G’s Reference (No. 4 of 1980) [1981] 2 All ER 617 [11] Hogan, ‘The Killing Ground: 1964 – 73’ [1974] Crim. L.R. 387,391 [12] Offences Against the Person Act 1861 s.5 [13] Homicide Act 1957 s.3 [14] R v. Cascoe [1970] 2 All ER 833 [15] R v. Stewart (Benjamin James) [1995] 4 All ER 999 [16] R v. Duffy [1949] 1 All ER 932 [17] R v. Ahluwia [1993] Crim. LR 63 [18] R v. Humphries [1994] 4 All ER 1009 [19] R v. Thornton (Sara Elizabeth) (No.2) [1996] 2 All ER 1023 [20] R v. Johnson [1989] 1 WLR 740 [21] Homicide Act 1957 s.3 [22] DPP v. Camplin [1978] AC 705 [23] A-G for Jersey v. Holley [2005] UKPC 23 [24] Phillips v. R [1969] 2 AC 130 [25] Phillips v. R [1969] 2 AC 130 [26] Criminal Justice Act 2003 s.269 [27] Offences Against the Person Act 1861 s.5 [28] Sentencing Guidelines Council Guideline: Manslaughter by Reason of Provocation (2005) [29] Criminal Statistics for England and Wales Cm 4649 (1998)