Cognizable And Non Cognizable Offences - Free Essay Example

Sample details Pages: 5 Words: 1616 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Cognizable offences have been defined under Section 2 (c) of the Criminal Procedure Code as follows; cognizable offence means an offence for which, and cognizable case means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. A non-cognizable offence has been defined under Section 2 (l) of the Criminal Procedure Code as follows, non-cognizable offence means an offence for which, and non-cognizable case means a case in which, a police officer has no authority to arrest without warrant. Now which offence falls under the category of cognizable offences and which falls under the category of non-cognizable offences can be determined as per the classification given in the First Schedule of the Criminal Procedure Code. The First Schedule has classified all acts punishable under the Indian Penal Code, 1860 into Cognizable and non-cognizable offences. Although the Co de in itself does not give any reasoning as to this classification, certain patterns can be traced if the First schedule is studied carefully. All offences which have a punishment of more than 3 years under the Indian Penal Code are considered to be cognizable offences and all offences which have a punishment of less than 3 years are non-cognizable offences. Subsequently, it can be deduced that non-cognizable offences are relatively less serious in nature than cognizable offences. Consequently, in case of cognizable offences, the police officers can arrest the accused person without any warrant or authority issued by a magistrate. They can initiate investigation on their own accord and they neednt wait for the prior permission of a magistrate. In fact, they have a legal duty to initiate investigations. This duty has been endowed upon them by Section 156(1) of the Criminal Procedure code which reads; Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. Section 156 (2) further reads, No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. On the other hand, police officers necessarily need prior permission of a magistrate to initiate investigations in cases of non-cognizable offences. Non cognizable offences are considered more in the nature of private wrongs and therefore the collection of evidence and the prosecution of offender are left to the initiative and efforts of private citizens. Bailable and Non-bailable offences Section 2 (a) of the Criminal Procedure Code defines bailable and non-bailable offences as an offence which is shown as bailable in the First Schedule, or which is m ade bailable by any other law for the time being in force; and non-bailable offence means any other offence In here too, the code does not give any reason as to on what criteria has such classification been based upon. It just lays down a seemingly arbitrary classification of the same. However, it can be logically deduced that all serious offences are non-bailable whereas all less serious offences are bailable. Similarly, all offences which have a punishment of more than 3 years under the Indian Penal Code are considered to be non-bailable offences and all offences which have a punishment of less than 3 years are bailable offences. This too is subject to the exception of existence of a contrary law. If a person accused of a bailable offence is arrested or detained without warrant he has a right to be released on bail. In case he is accused of a non-bailable offence, then his bail is subject to the discretion by the authorities. Warrant case and Summons Case According to Sec tion 2 (x) of the Criminal Procedure Code, a warrant-case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. According to Section 2 (w) of the Criminal Procedure Code, a summons case means a case relating to an offence, not being a warrant case. This classification helps to determine the type of trial procedure to be adopted in the case. Naturally, the trial procedure in case of a warrant case is much more elaborate than that of a summons case. This classification is also useful at the stage of issuing process to the accused person in the first instance. CHAPTER II NEED FOR RECLASSIFICATION OF OFFENCES The current classification of offences has been a major cause for the high incidence of arbitrary and unnecessary arrest in our country. The scheme of classification is outdated and redundant. There is a serious need for revaluation for the classification between cognizable and non-cognizable and bailable and non-bailable offences. The nature and quantum of punishment attached to these offences also needs to be revaluated. It is not that the idea for reclassification has never come up before, but given the present situation of our judicial system, it becomes all the more relevant that it be done now. For instance, many minor offences against property are still classified as non-bailable, whereas it is evident that classifying them as compoundable offences and relying on methods such as plea-bargaining may be more effective and agreeable to address the injury caused by the same  [1]  . Also, it has been noted that the major portion of the backlog cases in the courts consists of regulatory offences such as dishonour of cheques, traffic violations, etc. Now, these acts were made offences under special laws whereby the legislature had felt that in lieu of public policy, these acts were better off classified as criminal even though they are more akin to civil wrongs. However, the fact that they will create a maximum backlog was envisaged by neither party. Hence, there is a need for an informed study and revaluation of criminal laws. It has been suggested that the offences be classified into a) The Social Welfare Code, b) The Correctional Code, c) The Criminal code and d) the Economic and other offences code. This approach of classifying the offences as per their nature is considered to be far more useful than a blanket categorization of offences. This re-classification is proposed to be done on the basis of the gravity of the offences, appropriate procedures for investigation and dispute-resolution as well as the proportionate nature and quantum of fines and punishments. CHAPTER III RECOMMENDATIONS OF THE MALIMATH COMMITTEE Considering the need for reclassification of offences, the Malimath committee gave the following recommendations for the same. Its primary recommendation was to remove the distinction between cognizable and non-c ognizable offences and make it obligatory on the Police to investigate all offences in respect of which a complaint is made. However, this is not a very practical option as it will lead to a further backlog of cases and will increase the burden on the police. Section 262 of the Criminal Procedure Code provides for the procedure for summary trials, Section 263 provides for the record in summary trials and Section 264 provides for judgement in cases tried summarily. The Malimath committee recommended increasing the number of cases falling within the category of cases trialable by following the summary procedure presented by Sections 262 to 264. It also recommended increasing the number of offences that fall under the category of Petty Offences which can be dealt with by following the procedure prescribed by Section 206 of the Code. Section 206 reads If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 260, t he Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by pleader and to plead guilty to the charge through such pleader, to authorise, in writing, the pleader to plead guilty to the charge on his behalf and to pay the fine through such pleader: Provided that the amount of the fine specified in such summons shall not exceed one hundred rupees. (2)   For the purposes of this section, petty offence means any offence punishable only with fine not exceeding one thousand rupees, but does not include any offence so punishable under the Motor V ehicles Act, 1939, (4 of 1939) or under any other law which provides for convicting the accused person in his absence on a plea of guilty. It advocated increasing the number of offences, for which an arrest neednt be made and increasing the number of offences where arrest can be made only with the order of the court and reducing the number of cases where arrest can be made without an order or warrant form the Magistrate. The Malimath committee further recommended increasing the number of offences which are bailable and reducing the number of offences which are not bailable. A compoundable offence is one in which the trial court can compound the offence and dispose the case without trial. A non-compoundable offence is an offence in which the court cannot compound the case without trial. A compoundable offence is always a lesser degree offence punishable with a shorter jail term or fine. The Malimath Committee recommended increasing the number of offences that can be brought within the category of compoundable offences, to encourage settlements without trials. CONCLUSION Don’t waste time! Our writers will create an original "Cognizable And Non Cognizable Offences" essay for you Create order

Immigraton in the U.S. Essay - 1261 Words

Immigration in the U.S. While immigration has played an important role in the building and formation of America, new federal laws have resulted in mass immigration. â€Å"America was primarily founded on immigrants, however, immigration must be controlled legally, and immigrants should be treated equally despite what country they come from. America has the most liberal laws towards immigrants than any other country.† Luis Barker, Chief Patrol Agent In-Charge, US Border Patrol, El Paso, TX. Throughout history, Congress has enacted laws and has had to amend them to control the flow of both legal and illegal migration to the United States. In 1948, legislation was first enacted in an effort to†¦show more content†¦Under IRCA 2.7 illegal aliens mostly from Mexico were given legal immigrant status. These new laws opened the door to the longest and largest wave of immigration ever-27 million since 1965, including illegal entries. The visa waiver pilot program (VWPP) is designed to extend reciprocity to the countries that permit US citizens to visit their countries without the need of a tourist visa. To date a total of twenty-nine countries are signatory to the treaty. In order to qualify, countries must have a low rate of non-immigrant overstays to the US, and must have state of the art machine readable passports. 2 Prior to the enactment of IRCA, marriage fraud between non-citizens and US citizens was rampant and out of control. Measures were put in place to reduce this by requiring couples to submit proof to INS. This proof must show that the couple has been living together and submitted ninety days prior to the second anniversary. If the couple fails to establish that the marriage is valid, the non-citizen will not become a lawful permanent resident and will be faced with and order of deportation. The only exception, is that the non-citizen cannot be the subject of spousal abuse and be expected to remain in the marriage forShow MoreRelated Immigraton Laws Essay1572 Words   |  7 Pages Immigraton Laws The first immigrants to the territory now the United States were from Western Europe. The first great migration began early in the 19th century when large numbers of Europeans left their homelands to escape the economic hardships resulting from the transformation of industry by the factory system and the simultaneous shift from small-scale to large-scale farming. At the same time, conflict, political oppression, and religious persecution caused a great many Europeans to seek freedomRead MoreThe New York Times By Steven Greenhouse Spreads Light On Discrimination1179 Words   |  5 Pagesfact that their parents, grandparents, and past generations alike are foreign to the land they live in and were immigrants to America themselves. When in fact according to a MIP study â€Å"approximately 80 million people, or one quarter of the overall U.S. population, is first or second generation immigrants†. The discrimination is vast and touches every surface of society. One article in the New York Times by Steven Greenhouse spreads light on discrimination in the workplace, showing statistics that

Catholic Sacraments Free Essays

string(181) " the Catholic Church mentions in the following orders different names of the sacrament, calling it the sacrament of conversion, Penance, confession, forgiveness and Reconciliation\." The Sacraments of the Catholic Church are, the Church teaches, efficacious signs of grace, instituted by Christ and entrusted to the Church, by which divine life is dispensed to us. The visible rites by which the sacraments are celebrated signify and make present the graces proper to each sacrament. They bear fruit in those who receive them with the required dispositions. We will write a custom essay sample on Catholic Sacraments or any similar topic only for you Order Now † Though not every individual has to receive every sacrament[-0], the Church affirms that, for believers as a whole, the sacraments are necessary for salvation, as the modes of grace divinely instituted by Christ[-1] Himself. Through each of them Christ bestows that sacrament’s particular grace, such as incorporation into Christ and the Church, forgiveness of sins, or consecration for a particular service. The Church teaches that the effect of a sacrament comes by the very fact of being administered, regardless of the personal holiness of the minister administering it. However, a recipient’s own lack of proper disposition to receive the grace conveyed can block the effectiveness of the sacrament in that person. The sacraments presuppose faith and through their words and ritual elements, nourish, strengthen and give expression to faith. The Catechism of the Catholic Church[-2] lists the sacraments as follows: â€Å"The whole liturgical life of the Church revolves around the Eucharistic sacrifice and the sacraments. There are seven sacraments in the Church: Baptism[-3], Confirmation[-4], Eucharist[-5], Penance[-6], Anointing of the Sick[-7], Holy Orders[-8], and Matrimony[-9]. † Baptism[-10] is the first and basic sacrament of Christian initiation. Baptism is usually conferred today by pouring water three times on the recipient’s head, while reciting the baptismal formula: â€Å"I baptize you in the name of the Father and of the Son and of the Holy Spirit[-11]. † The ordinary minister of the sacrament is a bishop or priest, or a deacon. In case of necessity[-12], anyone intending to do what the Church does, even if that person is not a Christian, can baptize. The sacrament frees from original sin[-13] and all personal sins, and from the punishment ue to them. Baptism makes the person share in the Trinitarian life of God through â€Å"sanctifying grace[-;14]†, the grace of justification that incorporates the person into the body of Christ and his Church, also making the person a sharer in the priesthood of Christ. It imparts the theological virtues[-15]: faith[-16], hope[-17], and charity[-18] and the gifts of the Holy Spirit, and marks the baptized person with a spiritual seal or character that indicates pe rmanent belonging to Christ. Baptism is the foundation of communion between all Christians. The many symbols of baptism include a white garment, symbolizing innocence and purity, a candle, symbolizing the Light of Christ, the Oil of Chrism, which is used to anoint the baby or candidate being baptized, and the water, which symbolizes cleansing and the washing away of sin. Confirmation is the second sacrament of Christian initiation. It is called Confirmation because it confirms and strengthens baptismal grace. It is conferred by â€Å"the anointing[-;19] with Sacred Chrism[-;20], which is oil mixed with balsam and consecrated by the bishop, which is done by the laying on of the hand of the minister who pronounces the sacramental words proper to the rite. These words refer to a gift of the Holy Spirit[-;21] that marks the recipient as with a seal. Through the sacrament the grace given in baptism is strengthened and deepened. Like baptism, confirmation may be received only once, and the recipient must be in a state of grace meaning free from any known unconfessed mortal sin[-;22] in order to receive its effects. The originating minister of the sacrament is a validly consecrated bishop[-;23]; if a priest confers the sacrament and in special cases, the link with the higher order is indicated by the use of oil blessed[-;24] by the bishop on Holy Thursday[-;25] itself or on a day close to it. In the East, which retains the ancient practice, the sacrament is administered by the parish priest immediately after baptism. In the West, where administration is normally reserved for those who can understand its significance, it came to be postponed until the recipient’s early adulthood; but in view of the earlier age at which children are now admitted to reception of the Eucharist, it is more and more restored to the traditional order and administered before giving the third sacrament of Christian initiation. The Eucharist is the sacrament, the third of Christian initiation, completes Christian initiation by which Catholics partake of the Body and Blood of Jesus[-26] Christ and participate in his one sacrifice. The first of these two aspects of the sacrament is also called Holy Communion. The bread which must be wheaten and wine which must be from grapes used in the Eucharistic rite are, in Catholic faith, transformed in all but appearance into the Body and Blood of Christ, a change that is called transubstantiation[-27]. That is, Catholics believe they are sacramentally, though not physically, eating and drinking the human flesh and blood of Jesus Christ. Only a bishop[-28] or priest[-29] is enabled to be a minister of the Eucharist, acting in the person of Christ himself. Deacons[-30] as well as priests are ordinary ministers of Holy Communion, and lay people may be authorized in limited circumstances to act as extraordinary ministers of Holy Communion. The Eucharist is seen as â€Å"the source and summit† of Christian living, the high point of God’s sanctifying action on the faithful and of their worship of God, the point of contact between them and the liturgy of heaven. So important is it that participation in the Eucharistic celebration is seen as obligatory on every Sunday and holy day of obligation[-;31] and is recommended on other days. Also recommended for those who participate in the Mass is reception, with the proper dispositions, of Holy Communion. This is seen as obligatory at least once a year, during Eastertide. The Sacrament of Penance is the first of two sacraments of healing. The Catechism of the Catholic Church mentions in the following orders different names of the sacrament, calling it the sacrament of conversion, Penance, confession, forgiveness and Reconciliation. You read "Catholic Sacraments" in category "Papers" It is the sacrament of spiritual healing for a baptized person from the distancing from God resulting from sins committed. If a man sins after baptism, he cannot have baptism as a remedy; Baptism, which is a spiritual regeneration, cannot be given a second time. Reconciliation involves four elements: Contrition the Penitent’s sincere remorse for wrongdoing or sin, repentance, without which the rite has no effect; Confession to a Priest with the faculty to hear confessions while it may be spiritually helpful to confess to another, only a Priest has the power to administer the sacrament, Absolution by the Priest, and, Satisfaction or Penance. Many sins wrong our neighbor. One must do what is possible in order to repair the harm. Simple justice requires as much. But sin also injures and weakens the sinner himself, as well as his relationships with God and neighbor. Absolution takes away sin, but it does not remedy all the disorders sin has caused. Raised up from sin, the sinner must still recover his full spiritual health by doing something more to make amends for the sin: he must make satisfaction for or expiate his sins. This satisfaction is also called penance. In early Christian centuries, this element of satisfaction was quite onerous and generally preceded absolution, but now it usually involves a simple task for the penitent to perform, to make some reparation and as a medicinal means of strengthening against further temptation. The priest is bound by the seal of confession[-32], which is inviolable. Accordingly, it is absolutely wrong for a confessor in any way to betray the penitent, for any reason whatsoever, whether by word or in any other fashion. A confessor who directly violates the sacramental seal incurs an automatic excommunication whose lifting is reserved to the Holy See[-33]. In some dioceses, certain sins are reserved which means only certain confessors can absolve them. Some sins, such as violation of the sacramental seal, consecration of bishops without authorization by the Holy See, direct physical attacks on the Pope[-34], and intentional desecration of the Eucharist are reserved to the Holy See. A special case-by-case faculty from the Sacred Penitentiary[-35] is normally required to absolve these sins. Anointing of the Sick[-36] is the second sacrament of healing. In this sacrament a priest anoints the sick with oil blessed specifically for that purpose. The anointing of the sick can be administered to any member of the faithful who, having reached the use of reason, begins to be in danger by reason of illness or old age. A new illness or a worsening of health enables a person to receive the sacrament a further time. When, in the Western Church, the sacrament was conferred only on those in immediate danger of death, it came to be known as Extreme Unction[-37], Final Anointing, administered as one of the Last Rites. The other Last Rites are Confession if the dying person is physically unable to confess, at least absolution, conditional on the existence of contrition, is given, and the Eucharist, which when administered to the dying is known as Viaticum[-38], a word whose original meaning in Latin[-39] was provision for a journey. Holy Orders[-40] is the sacrament by which a man is made a bishop[-41], a priest[-42], or a deacon[-43], and thus dedicated to be an image of Christ[-44]. A bishop is the minister of this sacrament. Ordination as a bishop confers the fullness of the sacrament, making the bishop a member of the body of successors of the Apostles, and giving him the mission to teach, sanctify, and govern, along with the care of all the Churches. Ordination as a priest configures the priest to Christ the Head of the Church and the one essential High Priest, and conferring on him the power, as the bishops’ assistant, to celebrate the sacraments and other liturgical acts, especially the Eucharist. Ordination as a deacon configures the deacon to Christ the Servant of All, placing him at the service of the bishop, especially in the Church’s exercising of Christian charity towards the poor and preaching of the word of God. Aspirants to the priesthood are required by canon law[-45] to go through a seminary[-46] program that includes, as well as graduate level philosophical and theological studies, a formation program that includes spiritual direction[-47], retreats[-48], apostolate experience, etc. The course of studies in preparation for ordination as a permanent deacon is decided by the Episcopal conference[-49] concerned. Matrimony[-50], or Marriage, like Holy Orders, is a sacrament that consecrates for a particular mission in building up the Church, and that provides grace for accomplishing that mission. This sacrament, seen as a sign of the love uniting Christ and the Church, establishes between the spouses a permanent and exclusive bond, sealed by God. Accordingly, a marriage between baptized[-51] people, validly entered into and consummated, cannot be dissolved. The sacrament confers on them the grace they need for attaining holiness in their married life and for responsible acceptance and upbringing of their children. As a condition for validity, the sacrament is celebrated in the presence of the local Ordinary[-52] or Parish Priest[-53] or of a cleric delegated by them or in certain limited circumstances a lay person delegated by the diocesan Bishop with the approval of the Episcopal Conference[-54] and the permission of the Holy See[-55] and at least two other witnesses, though in the theological tradition of the Latin Church the ministers of the sacrament are the couple themselves. For a valid marriage, a man and a woman must express their conscious and free consent to a definitive self-giving to the other, excluding none of the essential properties and aims of marriage. If one of the two is a non-Catholic Christian, their marriage is licit only if the permission of the competent authority of the Catholic Church is obtained. If one of the two is not a Christian, the competent authority’s dispensation is necessary for validity. How to cite Catholic Sacraments, Papers

The Rise and Fall of the Capital Maintenance Doctrine

Question: Discuss about The Capital Maintenance Doctrine. Answer: Maintenance of Capital Doctrine Maintenance of capital doctrine provides safeguard to the shareholders and the investors of the company. It started in mid 19th century by the companies of England to build up the interest of peoples to invest in their companies. They get a protection and under that the shares cannot be purchased back by the company who has issued those shares into the market to attract the investors so that the capital of the company can be increased (Accounting tools, 2013). The amount received by the company after selling the shares or debentures can only be used in further trading of the company nothing else than that. The reason for stopping the company to purchase its own share is that if they buy back the shares issued by them then they can simply pay off the investors and they can also reduce overall capital of the company (Tomasic, 2015). This can reduce the value of the shares of the company and shareholders can suffer a loss without any strong reason. Therefore, the amount received by comp any in form of investment in shares they are only allowed to invest that money in further trading and they cannot use it to pay off their debts (SSM, 2017). In a case Trevor vs. Whitworth, (1887) the court said that the capital of a company should be saved for the benefits of its creditors only and it should not be used in any other work except the one mentioned. Doctrine of Capital Maintenance restricts the liability of shareholders to the extent of the value of their shares in the company. This creates a confidence in investors mind about their money which is being invested. As result of maintenance of capital doctrine the Corporation Act of Australia prohibits few things they are. 1. Under section 256 B, share capital of the company is reduced. 2. Under section 254 T, dividend is distributed among the share holder by the company. 3.Under section 257 A to 257 J and 259 A, company is allowed to take back its own shares. In current scenario of Australia, dividend payment is based on English system where it is paid off from the profits of the company. But this system created a lot problem for the companies. Maintenance of capital doctrine is still followed in Australia but with some implementations. There is no surety by the company that its capita amount will remain same, it may be reduced in course of business / transactions. Maintenance of capital doctrine has benefitted few companies, now company having limited shares can work with little capital. It was more effective during the period of 20th century. References Trevor v Whitworth (1887) 12 AC 409 Tomasic, R. (2015). The Rise and Fall of the Capital Maintenance Doctrine in Australian Corporate Law. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2604018 [Accessed on 22/01/2017] SSM. (2017). Capital maintenance rules and share capital: simplifying and streamlining provisions applicable to the reduction of capital, share buyback and financial assistance. Retrieved from https://www.ssm.com.my/en/clrc/consultation-document/cd8 [Accessed on 22/01/2017] Accounting Tools. (2013). What is Capital Maintenance? Retrieved from https://www.accountingtools.com/questions-and-answers/what-is-capital-maintenance.html [Accessed on 23/01/2017]

Porsche Branding Study Essay Example

Porsche Branding Study Paper Porches was completely acquired by another giant automobile company, Volkswagen GAG in July 2012 and resold 10% of its holding back to the founding family, giving them full control. Porches owns 50. 73% of the voting rights in Volkswagen GAG. Besides selling its own sportscast, Porches also provides automotive financial services, engineering services and consultation services to other automobile companies. The companys revenue has reached ?13. 9 billion with ?2. 44 billion Operating income in 2012. Porchs slogan There is no substitute demonstrates how proud they are about the exclusiveness of the brand. Currently, this company has more than 17,500 employees worldwide. The Marketing STEP Process, (Primp. 2013) The market segmentation, targeting and positioning (STEP) process is a way to define the market, create market segments, and select target customers which guide the company to develop and implement appropriate marketing mix. 1) Segmenting Consumer Markets Demographic segmentation divides the market into groups based on variables such as gender, age, income and geographical locations etc. Porches s a luxury automobile brand, its target customers are middle aged single male, mainly 35-55 years old with high average annual gross income: who are willing to spend money on high-ended and expensive consumer goods. Lately, Porches has extended its product line to the Sport Utility Vehicle (SUB) market which TA regrets the high income family group; as well as the luxury saloon/sedan targeting the business car market. Cryptographic segmentation which divides buyer into different groups based on social class, lifestyle and personality traits. Luxury sportscast are not daily necessities. People willing to ay for a Porches sportscast tend to use it as a tool to reflect their wealthy and superior social status. This is one of the reasons why Porches always advocates on its high quality engines, designs, engineering and assembled materials. 2) Target Marketing Target market consists of a set Of buyers who share common needs or characteristics that company decides to serve segmented by above criteria mentioned in 1). We will write a custom essay sample on Porsche Branding Study specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Porsche Branding Study specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Porsche Branding Study specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Designated marketing strategies have been developed to apply on different target segments. 3) Positioning Positioning statement: Offering high-ended sports car at a comparatively seasonable price among similar market players. Position Map of the vehicle market As we all know, Porches Company positioned itself as manufacturer providing High Price, High Quality sports cars. It is actually categorizing the brand with outstanding and exclusive product attributes. The price range of the Porches vehicles vary from HECK$800,OHO to depending on the types and models. It is interesting that among the high-end sportscast brands, Porches has a very special pricing strategy. Porches Company is actually positioning itself in the high-end sportscast division, but selling its cars at a imperatively reasonable price among similar market players like: Ferreira, Mistreat, Budgets, Zoned and etc. These brands are offering even more expensive sports cars when compared with the Porches Company. By putting itself in this position, Porches has successfully entered the targeted market in an easier way and allow consumers to purchase the sportscast at an affordable price. Besides, there is an interesting fact that the Porches Company is also offering Powered cars on their official website. You could search the used Porches cars through their official website by location and mind if there are any suitable used Porches cars for the customers. This move could help Porches to infiltrate its products into the general public more efficiently. The Marketing Mix, ups Marketing mix is the most flooded word in the marketing field and it is a useful tool to look at how a business is positioned to reap the benefits of marketing. A Marketing mix is mainly described by four units; including product, price, place and promotion. These units support each other and work together to maximize the benefits of Marketing. 1. Product Porches Company mainly focuses on providing specialized, high-end sports icicles. Product Variety Porches categorized its sportscast into several product lines as follow. Firstly, the Booster roadster series (the 91 1); the flagship model established its reputation in the Daytona Racing in the mid-sass and won major world championship sports car races. Secondly, the Cayman series which is a hard top car model similar to the Booster but offering in a lower price. Thirdly, the mid-size luxury Sport Utility Vehicle (SUB), the Cayenne. Lastly, the high performance luxury saloon/sedan (the Ephemera). Product Durability It is reported that for 70% of the cars produced by Porches are now still inning on the road which means the German precise engineering provided an extra long running life. Besides, the Pre-owned cars selling in their official website shows Porches has 100% confidence on its used car. Product uniqueness In terms of automobile design, a OR (rear-engine, rear-wheel drive) layout is a very unique technique. It is very rare for car manufacturers to place the engine at the back of the car, but this unique design turns out to give a physically smaller, lighter, less complex and more efficient deteriorative. This unique deteriorative is a distinctive selling proposition for Porches sportscast to fraternity from its competitors as there are nearly no car manufacturer offering such kind of chassis design. 2. Price The price of a product is a large determinant of how the market responds to the product. The key factor affecting the pricing strategy of Porches is the production cost; the company will be forced to cover the cost in order to make revenue. Competition pricing Porches sets lower price for the products when compared with its direct competitors, this allows them to capture larger market share. The vehicle prices Of the Porches Company ranged from WHISKS,OHO to By offering sportscast with similar specifications, this is definitely a very compatible price range in the market. Even at a relatively lower price, Porches still guaranteed to provide top quality vehicles and maintain its elite market status. Premium Pricing The high product prices can already tell the exclusiveness of Porches products. Consumer generally believed that a premium priced product equals to high quality. It is easy to understand that a HECK$800,OHO European Porches sportscast must be better than a HECK$200,OHO Korean Handy car. 3. Place It refers to the channel of distribution, and how reachable it is to their customers. The intermediaries offer the manufacturer greater efficiency in making goods available to target markets. Distributorship Porches Company is a world wide automobile manufacturer, they sell cars all around the globe, include: North America, Latin America, Europe, Middle East, Africa, Asia and Australia. Just like most of the automobile company, Porches makes sales through local distributors. Until 2012, there are more than 900 distributors across the world offering Porches vehicles. Shop Environment Most of the Porches distributors are located in the central business district or he prime area of the cities. This helps the company to reach the targeted customers more precise and accurately. For example Porches Hong Kong showroom locates at a very eye catching position along Gloucester Road, Wan Chi. Character oaf brand is not solely represented by the products, but also its presenting images. Borschs distributor showrooms are decorated with modern designs and spacious environment to demonstrate Porches spottiness, performance and luxury characteristics. 4. Promotion The German firm spent massive investment in promoting its brand to create awareness among the targeted customers.. Event Sponsorship Porches sponsored different kinds of motorists competitions such as the El Mans, Rally, Formula One, Indy Cars and some amateur racing. And the key success flagship model sportscast, the Porches 911, established its reputation in the Daytona Racing in the mid-sass and won major world championship sports car races. This model has been classified as Porchs most successful sportscast and more than 820,000 units had been sold until 2013. Comparative advertising is a usual method adopted by Porches. The Company used a lot of printed advertisements, they placed these printed advertisement in famous Mens magazines with masculine and stylish tone expressing their exclusiveness, sportiveness and benefits of owing a Porches car. Besides printed advertisements, Porches also made some television commercials when there is new product launch. The T PVC deliver lifestyle and slice of life messages. Customer Relations Porches has introduced the Porches Club globally; it is a community for Porches enthusiasts across different counties and cities. They conduct Porches-related events including club racing, morning drive activities, and drivers education activities. Besides Porches Club, the company also holds jugular Porches Driving Experience Day, which allows the general public to reach the Porches Sport Driving School and experience driving pleasure with their cars. By engaging targeted customers in the above activities, Porches successfully created a bonding with its customers, enhancing stronger brand loyalty. Celebrities endorsement In 2013, Porches has signed the 26-year-old world class female tennis player Maria Sharecrop as its spokesperson. Porches GAG CEO Matthias Mueller expressed that Maria Sharecrop is an exceptional athlete combining top performance in her sports with elegance and power which perfectly fits the mage of Porches. And the charming appearance of Sharecrop can definitely attract Porchs target customers middle aged male. Customer Based Brand Equity (Keller, 2003) As lenience Porches, the brand name itself already represents high performance sportscast, almost all civilized people in the world aware of this brand. However, people will not think of this brand very frequently because Porches vehicles are very high involvement products. It requires a very long consumption consideration period before making a purchase decision. Performance Comparing to its competitors, Porches is actually providing superb cars with lassie but fashionable design. Their sportscast satisfied all basic needs of customers with reliable and durable technical performance but at the same time with a comparatively lower price among its competitors. Imagery General public generally agreed that Porches is a grand master class brand; it is not available in ordinary car dealers showroom showing its exclusiveness. Besides, the Made in German represents high quality and precise. Judgments Considering its quality and credibility, Porches is well-known of its precise, excellent engineering and assembling techniques. The superiority of the rand is also one of the considerations in this area, the unique product design and compatible pricing become advantages that their competitors cannot offer. Feeling Regarding the feeling, Porches sportscast give their users fun, excitement, social approval and self-respect. The sophisticated Porches Company always means the elite status, premium vehicle and a symbol of wealthy. Resonance Concerning the resonance in users point of view, Porches did very well to build customer relationship. For example, there are many Porches enthusiasts who are keen in collecting Porchs sportscast, holding local riving event and build private Porches lovers communities. Not only the enthusiasts will participate in the above activities, ordinary drivers are also willing to share their feeling and experience with other Porches owners. Besides, official Porches club has regular newsletter to strengthen the bonding between Porches car owners and the brand. The Prism of Identity Seafarer (1992) Brand identity could be represented by a six-sided prism diagrammatically. Each market condition gives raise to concepts and methods to adapt to such conditions. When products werent so abundant, one simply resorted to an old Unique Selling Proposition. After the era of image, positioning, and brand personality, we have entered into the brand identity era. Porches Company is now ranked 78th in the Conferee Ranking The Brands Top 100 Positions. Ranking The Brands. Com collects all brand rankings published worldwide and can find the position of the brand. It is compiled on the basis of all the rankings, the position of a brand in the list is determined by the number of rankings in which it appears and takes into account its position in each ranking. Reasonably Priced Porches (left advertisement) In this advertisement, it states Look at it this way, its either an expensive portrays or a very reasonable racer. Porches is actually differentiating itself in a unique position, a high ended sport car, but one can also consider it as a very reasonable priced racer. It shows that both the product quality and pricing of Porches fall between sportscast and racer. Example of Comparative Advertising (right advertisement) In this print advertisement, it expresses the meaning of owning a Porches is different from a Ionians or a Mediumistic vehicle, no matter on performance of the car or the social approval aspect. In the left advertisement, it states that the ours of El Mans car racing exults and Porchs racers conquered most Top 1 0 places except the 8th runner-up. Theres no tougher endurance race than El Mans. stated in the lower part of the advertisement. Expressing that the extra durability and the powerful Of Porches engineering.

May Have vs. Might Have

May Have vs. Might Have May Have vs. Might Have May Have vs. Might Have By Maeve Maddox Speaking of a murderer who was apprehended in 1998, a law enforcement officer was quoted as saying: When all this happened, if I wasnt there, he may have gotten away with it. As the speaker was there in the past and the murderer did not get away, standard usage calls for this construction: When all this happened, if I hadn’t been there, he might have gotten away with it. Might is the past tense of may. Ideally, may is the form to use when talking about a current situation, and might is the form to use in referring to an event from the past. In practice, the two forms are used interchangeably, as demonstrated by these headlines from different Web sites: 10 Civilizations That Might Have Beaten Columbus To America Polynesians  may have beaten Columbus  to South America. US-bound passengers may have to switch on mobile phones for security [Cellphone] owners might have to undergo extra screening before boarding Researchers May Have Discovered The Consciousness On/Off Switch Scientists might have just found the brain’s â€Å"off switch† 6 Signs That You Might Be Psychic Signs You May be Psychic 7 Mistakes You Might Make Before Your Job Interview 5 Money Mistakes Even Good Savers May Make Fans might have to wait weeks before Dodgers games come to their TVs Apple Fans May Have to Wait Longer for Larger iPhone Most of the time, the interchange of may and might does not present a problem. The Oxford Dictionaries site declares that if the truth of a situation isn’t known at the time of use, then either is acceptable. The one context in which might is always the better choice is one in which the event mentioned did not in fact occur: If JFK had not been assassinated, civil rights legislation might have been delayed. If the English had defeated the Normans at Hastings, we might have inherited fewer spelling problems. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Grammar category, check our popular posts, or choose a related post below:Types of RhymeIn Search of a 4-Dot EllipsisMood vs. Tense

Environmental Discourse Essay Example | Topics and Well Written Essays - 500 words

Environmental Discourse - Essay Example Green Evangelicalism Prelli and Winters (2009, p.224) state that there are different views presented by Christian evangelicals and environmentalists regarding environmental problems like human-induced global warming and climate change. When evangelicals presented the idea to make interventions to fight climate change, they were struck with surprise by environmentalists and common people because they were not expecting them to point out this issue. â€Å"†¦many people were struck by the apparent incongruity of American evangelicals addressing the climate change problem†, state Prelli and Winters (2009, p.225). Sustainable Development The supporters of sustainable development argue that sustainable construction gives important consideration to the environmental impacts besides creating a structure or building that is user-friendly and comfortable. It ensures that damage risks to the building, residents and environment are eliminated. The main objective of sustainable constr uction is to build healthier buildings which tend to comfort society, improve biodiversity, reduce polluting emissions, and ensure less consumption of resources. The opponents of this discourse believe that sustainable development has â€Å"certain serious shortcomings that need to be addressed† (Haque, 2000, p.3).

Medical Malpractice Case Study Example | Topics and Well Written Essays - 2000 words

Medical Malpractice - Case Study Example The decision of the trial court was raised on appeal to the COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT. The plaintiff, Sheila Webb, instituted the action in connection with the death of her son, Rodney Comeaux, the alleged victim of the medical malpractice. The main ground of the suit she filed was the negligence of the attending medical doctors and of the hospital appurtenant to the duty of the latter to closely monitor the said patient through its nursing staff. Rodney Comeaux died at the hospital on July 21, 1988. The defendants, on the other hand, were (a) the Tulane Medical Center Hospital where Rodney Comeaux was entered for confinement and diagnosis, and (b) a certain Dr. Abe Andes, a doctor of medicine supposedly specializing in hematology, who attended to the patient, decedent Rodney Comeaux. The civil complaint was filed with the Civil District Court for the Parish of Orleans which had original jurisdiction over the matter pursuant to the Rules for Louisiana District Courts. (TITLE II RULES FOR CIVIL PROCEEDINGS IN DISTRICT COURTS (EXCEPT FOR FAMILY AND DOMESTIC RELATIONS AND JUVENILE PROCEEDINGS. RULES FOR LOUISIANA DISTRICT COURTS. [internet]). After the decision was handed down by the trial court, the matters at issue were raised on appeal to the COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT, which had appellate jurisdiction over the suit in accordance with the applicable procedures.(Rule 1-2. Title and Scope of Rules. UNIFORM RULES LOUISIANA COURTS OF APPEALS. THE STATE OF LOUISIANA COURT OF APPEAL FOURTH CIRCUIT. [internet]) The facts of the case Rodney Comeaux was full of complicated health problems since when he was young. Diagnosed with Sickle Cell Anemia at an early age of six months, Rodney was never in perfect health. Sickle Cell Anemia (or SCA for short) is a genetic abnormality in blood which is incurable. He had continuously suffered from pneumonia bouts and the anemia predicaments. During the month of June in 1988, Rodney, aged twenty three by then, complained of chest pains and stomach discomforts. He was brought to defendant Tulane Medical Center for admission. Dr. Abe Andes, the medical director of the hospital, attended to him. Released from the medical confinement on July 6, 1988, Rodney was prescribed an oral antibiotic called Keflex. He was advised to come back for an appointment with Dr. Andes on July 12 of that same year, specifically at two thirty in the afternoon of that date. Dr. Andes wrote down his findings as pulmonary infarction versus pneumonia. Before Dr. Andes, Rodney Comeaux was being treated at the SCA clinic by a certain Dr. Frempong, the the director of the said clinic. It was only in 1986 that Dr. Andes took over from Dr. Frempong. Hours before the designated visit on July 12, 1988, Rodney showed up at the SCA clinic where he complained of chest pain and request to meet Dr. Andes. The latter was then preoccupied attending to other patients who had prior

Argument essay against marxist idea Example | Topics and Well Written Essays - 500 words

Argument against marxist idea - Essay Example For example, our environment is degrading at a rapid pace. The quality water in the oceans and rivers, the pollution levels in the air we breathe and the steady destruction of erstwhile pristine ecosystems can all be attributed to lack of private ownership. If only all these resources were privately owned, it is difficult to foresee how they will be allowed to decline as is presently happening. When valuable resources such as these will have private ownership, the owner will ensure that his property is kept in good condition. This fact makes a strong case for promoting private ownership of property and wealth. Let us take the case of prosperity in America. For long, the cherished dream (the so-called American Dream) for every family is to own a comfortable house, decent car and have the money to be able to send children to college. It is fair to claim that hard-working and sincere citizens should be entitled to this basic aspiration. And the institution of private ownership is what ensures that such wishes are fulfilled. To put it in perspective, we only need look at societies that had embraced the communist view of common property and its effectiveness. In the erstwhile communist society of USSR, the standards of living for a large majority of the population were just above levels of sustenance. Moreover, the spirit of individuality was suppressed and in its place a uniform conformist mentality instated in the minds of citizens. This explains why the USSR eventually, but inevitably, collapsed. And a dynamic capitalist economy has taken center stage in Russia presently. The prosperity of countries in Western Europe can also be attributed to their governments’ active encouragement of private ownership of land, business enterprises, consumer goods, etc. In their defense, Marx and Engels would point to the collateral damage that result from capitalism and private

Importance Of Insurance Sector Economics Essay

Importance Of Insurance Sector Economics Essay The study is about the performance analysis of insurance sector of Pakistan. Financial safety is not stable in todays world. It does not matter how big earnings we have for a month or how huge savings we have there are often situations beyond our expectations or control. We cannot make us safe completely. This is why we need to take all the safety measures to secure our financial state and our lives as well. And to do this the best way is to have insurance. Insurance can be the best safe measure for the financial losses and the loss of life. Even if anybody has huge savings secure in a safe place there can always be some type of catastrophe that can pull out all of the savings. In such kind of situations insurance can only be the security measure that makes anybody safe and secure. When a contract is made with an insurance company that contract is called insurance policy. Insurance is basically a transfer of risk for transferring the risk on the company in return insurer must pay som e agreed amount called the premium. A company may cover all the loss or some part of it depending upon the policy. Insurances policies or contracts purchased when anybody feel that it is not possible to bear the loss completely. For example sudden health condition like any accident, heart attack, or anything else that may cause a serious loss of life or permanent loss or injury. In the same way financial accident may happens like house burn, theft, car accident, or property stolen or any business liability. These things are so expensive that anybody cannot pay all these losses or some of them from own pocket or savings. In these kinds of situations insurance helps a lot a person pays a small amount of money for the promise that a loss will recovered if any accident happens. Insurance is nothing but an agreement between an insurance company and a person to pay an amount for compensation in shape of occurring a loss of insured property or life. The amount can vary from a thousand to millions depending upon the insurance policy and premium agreed. Importance of Insurance Sector Insurance sector is very important sector in any economy. Because individuals and companies keep investing in new ideas in new businesses and in new ways of doing businesses. For doing that individuals and companies have to take a lot of risks and to avoid that riskiness or loss of investment or other important resources companies and individuals go for insurances to protect their investments or transfer of risks. In Pakistan insurance industry is 7th largest industry of the whole economy. Pakistan is a large country having a population near about 200 million of which majority are Muslims. As a religious belief many people avoid insurance to improve their living standards. About 65% of the population lives in rural areas and 60% to 70% people live below poverty line and their earnings are less than 2$ a day as a result less income to spend a less educated people as a result insurance industry in our country could not grow well as compare to other countries in the world. Economic Impact Insurance industry in Pakistan known as inadequate and in efficient less innovative products of insurance and monopoly of single state own insurance company name as state life insurance company of Pakistan. In 2001 state life insurance captured 80%of the total insurance market of Pakistan. And in 2005 the share was 74% of the total market. Though the share of state own company has go down in last few years and the share of private companies has increase a lot. But still insurance sector in Pakistan could not grow as compared to the international standards. The major reason of not growing the insurance industry in Pakistan is that the people are more religious and avoid insurances and companies do not offer innovative insurance products. Further insurance is divided in to two parts one is life insurance and the other is general insurance. In general insurance all other insurances include other than life insurance. Now five insurances companies are dealing in life insurance business of which four are private owned companies and one is state owned company. Out of those four private companies two are local life insurance companies and remain two are operating as foreign insurance companies. Performance and Growth Till 2005 the total amount received from policy holders in shape of premium 62% of total premium is of general insurance and remaining is of life insurance. Life insurance requires more capital. (SECP, 2007). About life insurance life insurance is divided into two major parts individual life insurance and group life insurance. Individual life insurances have big part in life insurance business which is 79% of total life insurances. And 20%share of group life insurances both group and individual life insurances have a 99% share of total life insurances. The other reaming 1% of total life insurance is of pension plans, health insurances, and children education plans etc. (SBP Report, 2005) If we see historically major life insurance business is owned by state owned company which is state life insurance company. State life insurance corporation or (SLIC) of Pakistan is the only government owned corporation that was made by merging 41 insurance companies in process of nationalization in early 1970(SBP, 2005). From that time state life insurance corporation became the leader insurance company in the country and having a 76% share of life insurance business. (SBP Report, 2005) Through the share of state life insurance corporation has decreased as compared with past but still state life insurance corporation has the major portion of the life insurances. But compare to international markets Pakistani market do not grow that much compared with other countries. There is urgent need for government to take steps to aware the people of Pakistan that insurance is beneficial for them so that the market may grow quickly and more investment come in Pakistan which is ultimately good for local economy and people of Pakistan. (Annual reports of life insurance companies 2001-2005) The above picture shows the overall performance of the insurance business in Pakistan done in the years of 2001 to 2005. The average growth in profits were almost 14% which a very handsome growth in a developing country. And the average ROA means return on assets is .4% which is a good result. Return on assets shows one rupee of asset generated the percentage of profit. Now about general insurances national insurance is the only state owned company that deals in the general insurance business in the country. Where as many private companies deals in the business of general insurance. There are five major categories of general insurance motor insurance, fire insurance, marine insurance, health insurance, and last one called miscellaneous insurance. Motor insurance having the largest share of 48% of total general insurance business. The reason behind this huge share is increasing number or cars on the road. Marine insurance having a share of 21% of total general insurance business. It is linked with the international exports and imports of services and products. Fire insurance is having a share of 18% of total of general insurance business and it is linked with the growth of industrial and construction business. Health insurance is having a 6% share of total of general insurance business. And miscellaneous insurance having a remaining share of 7% which includes aviation insurance, cash insurance and travel related insurances. (Insurance association of Pakistan, 2006) General insurances business is largely dominant by private companies, Government owned company having a share of 14% of total of general insurance business. Whereas a huge share is owned by the private sector companies which is 82% of the business of general insurances. And remaining 4% share owned by foreign companies. In the past few years Government owned companies have lost their share in the business of general insurances. (Insurance Association of Pakistan, 2006). The general insurance business has shown an outstanding performance in terms of profits. The average increase in profits over the five years was 52% per annum. And if talked about the return on assets it also showed a great result. The overall return on assets for over a five year period was 8%, which is a remarkable outcome. (Annual Reports of General Insurance Companies, 2001-2005) Now about the overall performance of insurance companies, before this section the individual performance of life and general insurances business was shown. In this section comparison of both life and general insurance would be shown which would show the overall picture of insurance industry of Pakistan. The map below shows the growth of premium, net profit growth and assets growth for life and general insurance business as well. The map below gives a comparison between general and life insurance premium for the five year period. The overall average growth in life insurance business has been 28% per annum. The average rate of growing of the general insurance business has been 22% per annum. Which means life insurance business is growing greater than general insurance business. (Annual Reports of Insurance Companies, 2001-2005) The below map will show the growth in profits of life and general insurance business over five year period. The average growing rate for the life insurance business has been 14% every year. And the average growing rate for the general insurance has been 52% a year. It clearly shows that the profits of general insurance business have grown much faster than the life insurance business. (Annual Reports of Insurance Companies, 2001-2005) History of the Selected Companies Jubilee Life Insurance Jubilee life insurance claims to bring global skills to Pakistan. For more than 15 years Jubilee life insurance doing business in Pakistan and claims to provide a better life, and the life of security and safety. Jubilee life insurance established in Pakistan in June 1995 as a public company, under the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s ordinance 1984. Jubilee life insurance starts its operations on June 1996. Jubilee life insurance companies shares are listed on stock exchange with paid up capital of 627 million rs. Jubilee life insurance proud to be having leading industries board of directors, and having the ability and experience to give Jubilee life insurance a better future for the people of Pakistan. Jubilee life insurance is under the Aga khan fund for economic development Switzerland. It is the monetary growth wing of Aga khan development network. It is a group of private agencies development looking for improvement of living conditions in selected areas of under developed countries. The association of Jubilee life insurance with Aga khan development network permits to attracts its worldwide knowledge and funds to give our customers in Pakistan with the finest insurance option already there in the country. Jubilee life insurance customers can be feeling safe in information that our process are secured by a globally accepted organization with worldwide excess. With popular assignments around Africa and Asia, Aga khan fund for economic development is one of the world leading private growing organizations active in the whole industry. EFU

The Fast Food Health Scam Essay -- Health, Nutrition

For decades the fast-food industry has supplied Americans with tasty, comforting food, quickly and for a low cost. It was not until recently, when the health craze first hit America in the late 1980’s that the corporations developed a new approach to marketing health food products to fit their customer’s wants (Nielsen 450). Even the most common fast food chains, such as McDonalds and Subway started advertising â€Å"healthier† food items on their menus to continue appealing to the general public. In order to maintain significant market share of the industry, fast food companies must entice people of all ages and advertise alternative menu options, even if the nutrition content does not support the messaging. While fast food restaurants give the impression of offering healthy food, nutritionist studies show healthy alternatives are not as nutritious as advertised (Chandon 85). The reality is Fast Food companies hoax their costumers into believing the fast-food ad vertised is healthier but do not provide enough nutritional information for them to make educated decisions. The advertising technique of persuasion leads to false impressions of a product, much like the advertisement claims of selling healthy fast food. In â€Å"The Indictments Against Advertising† by Courtland L. Bovee and William F. Arens, both authors of business and contemporary advertising textbooks, briefly discuss advertising’s effect on the consumer. They also showcase business strategies, in this case the fast-food industry, persuading people to â€Å"want what they don’t need† (Bovee 358). With fast food marketing teams promoting healthy alternatives like apples instead of French fries or milk instead of soda, the companies are able to dupe the consumer into believing the... ... example, ordering a double quarter pounder with cheese and apple slices gives a false since of justification because they chose to forgo French fries (Chandon 302). Adding a marginally healthy substitute to an unhealthy entrà ©e should not be construed as a nutritional meal. Consumers also need to be aware of the adverse effects of adding high-fat high-sodium extras to their meals, such as cheese, mayonnaise, dressings, and special sauces. Instead if a person wants nutritional value within a fast-food meal they must diligently consider health content and portion size to avoid overeating and unwanted weight gain. Individuals need to take personal responsibility of their choices and not believe the false impressions of advertisers. Implementing nutritional knowledge not only while dinning in fast-food restaurants but into everyday life will lead to healthy longevity.

Hinduism and Drug Abuse Essay

â€Å"Hinduism’ has many religious and cultural traditions which stem from the Vedas, the ancient Sanskrit writings of India. The tradition, therefore, has no clear beginning, and has no single founder or single belief, but there are a number of beliefs and practices which are widely accepted. Practically all Hindus believe in the idea of reincarnation, in which the eternal soul (ATMAN) moves through different species, from one body to another according to ‘the law of Kama’ ,the goodness or badness of their deeds in this life. The belief that every soul is trapped in a cycle of birth and then death and then rebirth is known as Samsara. The quality of a life that the soul is born into depends on the previous life. The aim of human life, for most Hindus, is to escape from the cycle of birth and death (Moksha), through union with the Supreme BRAHMAN who is present in everything. Behind Hindu practice is So Hinduism is about the sort of life a person should lead in order to be born into a better life next time and eventually become free from rebirth altogether. Every Hindu wants to escape from this cycle so Hindus aim to live in a way that will cause each of their lives to be better than the life before. Living or acting in the right way is known as dharma. Every Hindu has a purusharthas, or life goal, and leading a pure life through purity of body and mind is very important so that they are able to carry out their religious duties. To reach their individual goal they must create good Karma through control over gratification of the senses; pleasure; sensual, sexual, and mental enjoyment. The Laws of Manu are guidelines for a pure life and describe the perfect man as: ‘He who has perfect 3 fold control: that is control over speech, thought and actions.’ So a perfect man should only say pure things, think pure thoughts and act in a controlled, alert way. Anything which takes man from this control is harmful and wrong, which is known as AHISMA. Hindus follow this principle of non-violence, non-harming and therefore use of drugs and alcohol can harm the body and so go against the principle of AHISMA. Also Hindus rely so much on Karmic energy for their ultimate goal that AHISMA and bad actions taint this karmic energy and will affect the rebirth and drugs can therefore be viewed as an obstacle to the ultimate goal of a Hindu’s life. As all living things are part of a life cycle.and as BRAHMAN is in all living things, they deserve respect. Life has value, is sacred and to exploit creation by harming the body with drugs and alcohol Hindus practice meditation to bring the mind under control and then control the body through the mind eg the Indian custom of walking on a bed of nails without pain. Drugs, especially Hallucinogenic drugs, do the opposite to meditation as the mind is not under strict control. So drug and alcohol abuse is not generally allowed because a man is not in control leading to bad KARMA and bad REBIRTH. HINDU LAW states that Brahmin priests are not allowed to drink alcohol as alcohol affects nervous system making you do things you normally wouldn’t d, and speech becomes slurred which goes against. In the same way LSD affects the way we think and act, causes Hallucinations and makes us do things out of the ordinary ‘For liquor is the defiling dirt excreted from rice, therefore a priest, a ruler or commoner should not drink liquor.’ (11:94) Since Brahmin priests are not allowed alcohol, most Hindus follow their example and do not have alcohol. Modern medicine uses drugs to fight disease and suffering. Used properly, drugs like aspirin, penicillin bring benefits whilst others can cause all sorts of harm. They can increase suffering and affect individuals and society. Drugs such as opium can relieve pain but have been exploited by western demand in the form of heroin, which is addictive and causes many problems. Experimentation for fun can be extremely dangerous and lead to self-degradation, crime and early death. These dangerous drugs are known as speed and grass also called pot, dope or hash, smack and acid. Hindu society in general does not tolerate these drugs. However, in saying this, modern medicine is not rejected because it does benefit the body, which is the guiding line for a Hindu, for a healthy body is needed to perform all religious duties and therefore medicines which restore the body’s natural balance are acceptable. Hinduism is perhaps the only religious tradition to have had some experience of drugs at an early stage in its history. Hallucinogenic vegetation such as the soma plant, native to India, was used by certain groups to gain ‘religious experience’. As a result, there are certain unclear lines within the Hindu tradition where the use of non-medical drugs are concerned, especially amongst different denominations of Hindus Most of the commonly used drugs in India are derived from the Hemp or cannabis plant. They include Hashish, Bhang, ganja, and charus. Many SADUS still use them to bring on trances or visions. Although Hindus in Britain such as Gujurati traders and Krishna Consciousness regard AHIMSA very highly as a guide to lifestyle, many follow the guideline given by The Law of Manu which states: ‘Meat-eating is not wrong, nor alcohol, nor sex. These are natural actions of living beings; but abstention from such action is highly rewarded.’ (M 5:56) Abstinence from these every day actions is highly valued amongst these Hindus but they are not seen as bad actions. The views about alcohol vary again from region to region, and caste to caste. In general, frequent use of alcohol is looked down on, the exception to the rule being Tantrics, whose aim is to unite all things and gain freedom form the restrictions of human life; they therefore use cannabis and alcohol as part of their rituals. In general, it is better to refuse alcohol or drug as laid down by the Law of Manu which warns against wilful addiction. ‘He (man) must not get wilfully addicted to any object or substance of self-gratification; he must try to overcome such dependence through will.’ Hindus realise that the problem of drug abuse needs to be dealt with. It is seen as ‘Trendy’ for upper classes, and for the poor a welcome escape from hard and unpleasant reality of life. Hindus believe that people who suffer, for whatever reasons, should really be helped, even if suffering is brought about by their own stupidity or bad karmic action. The reason behind this is their respect for life in general and ‘Honour all humankind’ is one of their 4 daily practices. All human beings and forms of life are related through the divine spirit of BRAHMAN . Each person is a part of the whole and a Hindu knows that no-one can be totally evil because of their soul (ATMAN) being a part of the divine BRAHMAN. Therefore it is better to help them and not judge them ; to encourage them to lead a life that demonstrates respect for both religious duties and for their soul and for those of others. There is some control of drug use in the home as strong family structures are valued and smoking in the presence of elders is regarded as showing a lack of respect. Also, smoking in India, as in Britain is forbidden on public transport, in cinemas, theatres and temples. In the modern world drugs are avoided mainly for the emphasis on purity of body, but it is also against the Hindu tradition of still meditation which aims to bring the mind under control and then control of the body through the mind. In everyday life the mind is often led by desires and sense- pleasure of the body, but with meditation (YOGA) a person is encouraged to take disciplined control over their life according to the Hindu ideal of purity. Drugs, especially ones with hallucinogenic properties would totally reverse the meditation process since the mind would not be under strict control but left to follow its own course. However, any individual would be under an obligation, in the context of DHARMA , to ensure they could continue to pursue their life goals . So in for the Hindu, the use of drugs does not always appear to be considered inappropriate, but the question of limits comes in, and this, as is often the case in Hinduism, is a matter of individual judgement.

Philosophy of Literacy Essay

One thing I will never forget in my Life is the miles I walked to School. I can still remember those muddy and dusty roads I walked just to get to School. Sometimes I have to Stay all day without food and water not just because I wasn’t hungry or thirsty but because my parents had no money to buy them. I did not only walk to school but I did walk without shoes or slippers on. Walking was very normal because we had no cars. There was absolutely no means of transportation. I was just 4 years old when I started walking to School. I had always admired my teachers and all the people who could read and write. I just loved the way they talked to people. I enjoyed listening to them. School to me was a source of Hope that my life will change and it did changed my life. Without me going to school, I would have still been in Africa or may be dead. I was able to get a scholarship from Africa through my school to the United States and here am I living the dreams of my life. So if I can walk about 6 miles on those muddy and dusty roads just to get to school each day, anyone can go to School if they really want to. Defining literacy in our changing world is not easy. Several years ago, being literate meant being able to read and write a little. Now, being literate means being able to read and write at a level to be successful in today’s world and also being proficient at math, knowing how to use technology, and knowing how to solve problems and make decisions. To me, the power of literacy lies not only in the ability to read and write, but rather in an individual’s capacity to put those skills to work in shaping the course of his or her own life. There are basically three kinds of literacy I know. The first one is called Functional literacy which refers to the ability to read and write well enough to understand basic written information such as Newspaper headlines, Job application forms and Signs. Functional literacy incorporates reading materials that relate directly to community development and to teaching applicable or useful life skills. This to me is the most important of all the kinds of Literacy. The second one is Cultural Literacy. Cultural literacy is the ability to engage with a culture not only as a result of rote learning like the technicalities of the language, customs and so on; but also as a result of a deeper understanding of the idioms and informal content of that culture. Although literature, language and history are useful means of gaining a deeper understanding of a culture, these alone are not sufficient if one wants to attain a state of cultural literacy: it is equally, important to be able to converse using the common-day phrases and cultural references that are used by natives of that culture. One common example of this is the US comedy series â€Å"The Simpsons†. Someone who has no cultural literacy regarding the US would have trouble understanding many of the jokes, while if the show suddenly made lots of jokes about Chinese culture, for example, many in the US audience would be equally perplexed. Another example is that when the US was trying to persuade France to support its cause in the War of Independence in the 18th century, many learned diplomats were sent to Paris, but were unsuccessful. Benjamin Franklin was eventually sent and although he did not know the French language very well, Franklin had an understanding of French culture and he was successful in his mission. The last kind of literacy is Critical Literacy. Critical literacy is not culture specific. It is associated with a broad range of ideas and perspectives rather than with one viewpoint. Critical literacy refers to the ability to recognize the social essence of literacy, understand the fundamentally political nature of literacy and to be able to figure out the agenda of the writer or a text. Literacy is an important indicator of development and status. It provides access to information necessary for growth and decent living. It also provides an account of the socio-economic condition of an individual and his/her family. On the other hand, illiteracy stands for ignorance, defeatism, frustration and lack of aspiration. Literacy and education generate hope, aspiration and ability to move forward. Without you being a functional literate, you won’t be able to know about what is going on around you. Life will be miserable and fustrating. Imagine a driver who doesn’t understand the rules and laws of the road. You will not be able to look for a job for yourself because you don’t even know where to look for it. Literacy in my opinion, involves more than just being able to read a string of letters and understand its meaning. However, a literate person must also be able to recreate those letters from memory and string them along in such a way that meaning is conveyed accurately and efficiently. This ability to write is just as essential to the definition of literacy as the ability to read is. Without it, a person’s freedom is impinged upon; a person is left exposed to realities created by others without having the ability to refute them; much less the ability to create a new one. Again, in my opinion, a person without the ability to write is nothing more than an answering machine – a receiver of messages without the power to create his/her own recorded message. Literacy is very important in our society today. To me those who can read Shakespeare’s books are the same as those who can read a simple website. A literate remains a literate. Imagine living in a country where the President can neither read nor write. I here by mean that, if you are not literate, you are indirectly punished because you can’t occupy important positions of responsibility. No one would trust your judgment. It is better to be the kind of person everyone likes to listen to when you talk, rather than to be the kind of person who has nothing to say and even if you have something to say, no one will like to listen to you. I’m convinced it is time everyone starts to go to school to be able read and write. You can change your life and live the dreams of your life. If I could walk 6 miles each day to School, you can do it.

Executive Privilege Based on Separation of Powers

Executive Privilege Based on Separation of Powers Executive privilege is an implied power claimed by Presidents of the United States and other officials of the executive branch of government to withhold from Congress, the courts or individuals, information that has been requested or subpoenaed. Executive privilege is also invoked to prevent executive branch employees or officials from testifying in Congressional hearings. Executive Privilege Executive privilege refers to certain implied powers of the Presidents of the United States and other executive branch officials of the United States government.By claiming executive privilege, executive branch officials may withhold subpoenaed information from the Congress and refuse to testify in Congressional hearings.While the U.S. Constitution does not mention the power of executive privilege, the U.S. Supreme Court has ruled that it may be a constitutional exercise of the powers of the executive branch under the separation of powers doctrine.Presidents have usually claimed the power of executive privilege in cases involving national security and communications within the executive branch. The U.S. Constitution makes no mention of either the power of Congress or the federal courts to request information or the concept of an executive privilege to refuse such requests. However, the U.S. Supreme Court has ruled that executive privilege may be a legitimate aspect of the separation of powers doctrine, based on the constitutional powers of the executive branch to manage its own activities. In the case of United States​ v. Nixon, the Supreme Court upheld the doctrine of executive privilege in the case of subpoenas for information issued by the judicial branch, instead of by Congress. In the court’s majority opinion, Chief Justice Warren Burger wrote that the president holds a qualified privilege to require that the party seeking certain documents must make a â€Å"sufficient showing† that the â€Å"Presidential material† is â€Å"essential to the justice of the case.† Justice Berger also stated that the president’s executive privilege would more likely to be valid when applied to cases when the oversight of the executive would impair that the executive branch’s ability to address concerns of national security. Reasons for Claiming Executive Privilege Historically, presidents have exercised executive privilege in two types of cases: those that involve national security and those that involve executive branch communications. The courts have ruled that presidents can also exercise executive privilege in cases involving ongoing investigations by law enforcement or during deliberations involving disclosure or discovery in civil litigation  involving the federal government. Just as Congress must prove it has the right to investigate, the executive branch must prove it has a valid reason to withhold information. While there have been efforts in Congress to pass laws  clearly defining executive privilege and setting guidelines for its use, no such legislation has ever passed and none is likely to do so in the future. Reasons of National Security Presidents most often claim executive privilege to protect sensitive military or diplomatic information, which if disclosed, could place the security of the United States at risk. Given the president’s constitutional power as commander and chief of the U.S. Military, this â€Å"state secrets† claim of executive privilege is rarely challenged. Reasons of Executive Branch Communications Most conversations between presidents and their top aides and advisers are transcribed or electronically recorded. Presidents have contended that executive privilege secrecy should be extended to the records of some of those conversations. The presidents argue that in order for their advisers to be open and candid in giving advice, and to present all possible ideas, they must feel safe that the discussions will remain confidential. This application of executive privilege, while rare, is always controversial and often challenged. In the 1974 Supreme Court case of United States v. Nixon, the Court acknowledged the valid need for protection of communications between high Government officials and those who advise and assist them in the performance of their manifold duties. The Court went on to state that [h]uman experience teaches that those who expect public dissemination of their remarks may well temper candor with a concern for appearances and for their own interests to the detriment of the decision-making process. While the Court thus conceded the need for confidentiality in discussions between presidents and their advisers, it ruled that the right of presidents to keep those discussions secret under a claim of executive privilege was not absolute, and could be overturned by a judge. In the Court’s majority opinion, Chief Justice Warren Burger wrote, [n]either the doctrine of separation of powers, nor the need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances. The ruling reaffirmed decisions from earlier Supreme Court cases, including Marbury v. Madison, establishing that the U.S. court system is the final decider of constitutional questions  and that no person, not even the president of the United States, is above the law. Brief History of Executive Privilege While Dwight D. Eisenhower was the first president to actually use the phrase â€Å"executive privilege,† every president since George Washington has exercised some form of the power. In 1792, Congress demanded information from President Washington regarding a failed U.S. military expedition. Along with records about the operation, Congress called members of the White House staff to appear and deliver sworn testimony. With the advice and consent of his Cabinet, Washington decided that, as the chief executive, he had the authority to withhold information from Congress. Although he eventually decided to cooperate with Congress, Washington built the foundation for future use of executive privilege. Indeed, George Washington set the proper and now recognized standard for using executive privilege: Presidential secrecy must be exercised only when it serves the public interest.

The Paradoxes of Nietzsche's Introduction of valuesinto Modern Culture Essay

The Paradoxes of Nietzsche's Introduction of valuesinto Modern Culture - Essay Example The actual definition of â€Å"values†, its appreciation and proper evaluation has always remained an issue of great debate as well as dilemma throughout the entire domain of philosophical development. The progress of human civilization, cultural influences, and adoption of different attitudes towards interpretation of such influences have provided several dimensions in the context of defining values, or from the ethical perspective what can be said to be moral values. The issue of debate or dilemma evolves from the very basic argument that is there any universal definition of values or moral values or morality? During various phases of human civilization and contextual philosophical dimensions values have been interpreted in different manners. What is regarded as values, or morality for people belonging to a particular socio-cultural context in a specific time period, may not have the same acceptance among people living in another socio-cultural context and a different phase of time. However, the terms, â€Å"values† or â€Å"morality† or â€Å"moral values† receive a universal connotation empowered with the common appreciation that while living in a social context, individuals are required to abide by certain codes of conduct or norms that, besides ensuring his/her enjoyment of social rights as a human being to the best extent possible, also aims inciting such motivation among the inhabitants so that same scope of enjoying human existence can be provided to fellow counterparts. Truth behind this observation receives a strong foundation if Gert’s (1998) opinion on moral values or morality is taken into consideration: â€Å"Morality is an informal public system applying to all rational persons, governing behavior that affects others, and has the lessening of evil or harm as its goal† (Cited in Alavudeen, Rahman, and Jayakumaran,

Human prompting behavior research paper Essay Example | Topics and Well Written Essays - 2000 words

Human prompting behavior research paper - Essay Example Human behavior is exhibited throughout a person’s lifetime and is impacted with certain traits that people have. Factors that determine human behavior include heredity, social norms, culture, religion, and attitude. Except for heredity, the other factors can altered through effective prompt processes to ensure that people demonstrate the desired behaviors. Human resource training is a critical component of organizational prosperity. Sitzmann and Ely focused their research on the effects of prompting self-regulation on regulatory processes, learning, and attrition. The authors defined prompting self-regulation as asking trainees reflective questions with the aim of stimulating their self-regulatory engagement during the learning process (Sitzmann and Ely 132). Reflective questioning implies taking some information gathered previously and using it in answering the question at hand. Reflective practice enables trainees to pay critical attention to practical values and theories through reflexive examination of human actions. Polaha, Amanda and Rachael argue that reflective practice is the most common tool applied in practice-based professional learning contexts where trainees learn from professional experience (336). Sitzmann and Ely concluded that continuously prompting self-regulation had the greatest effect on learning and attrition (140). This is because trainees applied the principles of reflective practice in their learning processes, leading to increased learning. Prompting behavior, however, did not significantly increase the self-regulatory activity. The subsequent modules were characterized by moderate self-regulatory activity and attrition. Continuously prompted trainees tend to continue with the training even if their performance is low. Thus, prompted trainees continue to apply other strategies to enhance their performance in learning, which helps them to remain engaged

Business Strategy Assignment Example | Topics and Well Written Essays - 2000 words

Business Strategy - Assignment Example Crystal Jade is listed as one of the top market performers and they still strive to maintain their position through laying various business strategies. Limited barriers to entry inform of patents and rights. Most of foods and beverages offered by Crystal Jade are not strictly regulated through patents and legal rights making it easier for other players to sell and offer similar goods and services. No technical skills required to start up a firm. Unlike in highly controlled industries such as law, engineering, and medical where technical skills is paramount no or limited technical ability is required to start and run a restaurant successfully Competitors are high in number and equally balanced in key areas of operation. Crystal Jade is face intense competition both locally and internationally. Key among its competitors include but not limited to Old Chang Kee, Sakae Sushi, KLG, Marrybrown Restaurant, Es Teler 77, and Hoka Hoka Bento. Crystal Jade has been enjoying political stability all its areas of operation. The company currently operates at least 121 outlets in approximately 9 different countries across Asia and in the United States all of which are political stabile. However being a multinational company Crystal Jade has to deal with varied public issues such as taxation policies, different trade and labour laws and regulations which may have direct impact on the operations of the business. For instance, The US operate different labour and tax laws compared to China and Singapore and such differences may be a significant challenge to the growth and expansion of business if they are not addressed effectively. It is quite plausible that Crystal Jade is operating its business in a number of the most flourishing economies in Asian region. Key global economic bodies such as World Bank and IMF have ranked China, Singapore, Thailand and Indonesia as being among the fasted growing economies globally

Marine Bio Essay Example for Free

Marine Bio Essay You can determine the turtle’s species by the upper shell brown/reddish brown color, the lower shell creamy/yellow color, body skin brown/yellow color, the rusty brown scales on their head, and the weight and length of the turtle varying from 77-227 kilograms and 1. 2 meters. b) You can determine the sex by many features. The turtle’s sexual maturity isn’t achieved until they are 15-20 years old. Adult males have longer tails and are much larger than adult females. A pair breads at sea and the female come to shore to nest her eggs. Loggerheads nest from April to July. Usually, there can be 105-120 eggs laid in a clutch. Single females of the species can have many clutches during a season. Some nest every year, whereas others alternate years. The incubation period can last from 55 -60 days. Like most sea turtles, they nest at night. c) The age of a sea turtle is determined by growth of in length and weight gain. d) Loggerheads also bury themselves in the mud during winter months. 2. The most common reasons turtles become sick or injured in Florida are because lights on coastal highways and housing developments disorient the hatchlings often causing them to move away from the water and be killed by automobiles or predators. 3. The specific type of turtle rescued was The Loggerhead Sea Turtle or â€Å"Loggerhead† 4. The type of food we will need to feed the rescued turtle is a variety of crabs, jellyfish, shellfish, and sponges. 5. This species needs to stay around fresh-water for means of drinking and stay at seas for breading (if more than one is in rehabilitation). 6. The rehabilitation area should be kept at a warm temperature and should be no smaller than 39ft.

Speech The purposes of public speaking

Speech The purposes of public speaking Ralph Waldo Emerson once said, â€Å"Speech is power: speech is to persuade, to convert, to compel.† There are many purposes of public speaking. Among many other things, it is used to inform, convince, provide entertainment or honor. One of the best ways to create a positive and effective image is to master the art of public speaking. To achieve good results, the speaker has to capture, interest and convince the audience, in addition to building a unique trust with it. Nowadays, the art of presenting is needed in every part of life. Speech presentation is an integral part of all corporate settings, school and religious events. Since most people perceive public speaking as a necessary skill, successful speeches require extensive preparation to meet the high quality demand of the public. I work at Intel Corporation, and speeches are part of my every day business life. My day consists of multiple meetings that always require public speaking on variable topics, depending on current projects. The main purpose of my speeches is to educate and inform my coworkers and clients. To create a cohesive working environment, I have to make sure that I provide laconic communication about project outlines, features, progress, milestones and impediments. One of the most important preparatory steps in public speaking is audience analysis. Prior to presenting a range of services that my group provides, I must research my audience. From my experience, one of the best ways to find information about a company or department, which I will be presenting to, is to call them directly ahead of time to better understand their interests, ambitions, and business needs prior to writing my speech. Also, phone introduction prior to a meeting is often perceived as a good gesture. Including specific details and remarks about the clients and their company is always very helpful. To customers, this shows the speakers professionalism, genuine interest in them as potential partners, and investment in successful outcome. Also, it is very important to make sure that the level of detail is appropriate for the specific audience. I constantly interact with many people that hold different company positions, ranging from technical staff to vice presidents. Therefore, I have to carefully select an appropriate information set based on my audience. For example, technical information and low-level details are not suitable for program management, and marketing information should never be presented to technical staff. Additionally, speaking to new customers can have its restraints, such as making sure to avoid project-related technical jargon and cumbersome details. Initially, I was struggling with using appropriate vocabulary, based on my listeners level of knowledge. From my experience, I found that when there was a discrepancy between the terminology I used and my customers level of understanding, I could easily lose the customers attention and potentially put a business deal in jeopardy. For a successful public speaker, ability to predict future audiences mood, understand its ambitions and tensions is very important. It is a common business practice to schedule overview meetings at the end or in the middle of a project. For the most part, these types of meetings are scheduled after the projects completion date, and their main purpose is to illuminate positive and negative sides that were discovered in the process. Unfortunately, not every project is flawless. Occasionally, I have to give a speech in which I have to admit process flaws, take responsibility for my teams actions, and present a process change that will allow my team to avoid future issues. For these types of speeches, it is crucial to research and determine the level of information the audience possesses regarding this issue, understand how much they were affected by it, and predict how they might react to it. Admitting and addressing a problem generally has a positive effect on the audience. Moreover, a ll issues should be presented as potential positives. This emphasizes the speakers willingness to learn from past mistakes. After audience analysis, to reach maximum effect and predetermined goals, the speaker has to work on gathering data and creating an outline of the speech. Depending on the type of speech and presentation, the methods of collecting data are different. In Information Technology industry, finding necessary information is easy, as Information Technology strives on centralizing data collection and providing complex tools for running highly customizable reports. In the modern world, many companies are transferring their documentation and records into electronic formats. Some companies store information in a secure environment, while others post it on the Internet for public availability and use. The World Wide Web is a great tool for research. Today, everything from published books and scientific journals, to booklets and essays are easily accessible. The sources used for speech preparation have to be reliable and available if any audience member chooses to verify them. Prior to writing any speech, supporting material should be categorized so that it could be easily inserted into the body of the speech. Even though not every piece of the information is used in the speech, it is a good practice to keep the extra information handy, as it could be used to answer any questions that arise at the end of the presentation. Creating an outline is also an integral preparatory step in writing a successful speech. Depending on time availability, the outline can be either very detailed, or extremely brief. Regardless of the level of detail, the outline should serve as a scaffold and guideline for the rest of the speech. Understanding the purpose of the speech and how it can be used to benefit the speaker is very important, as every piece of information can be fit to serve the main purpose. The rest of the information can be easily added if the outline is built around and emphasizes the speakers thesis. Speech structure is essential and should reflect the speakers understanding of systematic use of an effective opener, authoritative speech body, and focused and concise conclusion. Organization of the speech should take into account that, usually, the audience is more open and attentive at the beginning of the speech. Therefore, the speaker has to effectively open the speech and establish a connection with the audience within the first few sentences. If an opening is interesting and captures listeners attention, they will be more perceptive to speakers ideas and will pay closer attention to the rest of the speech. On the contrary, if the first few sentences are not well thought-out, there is a huge risk that the audience will not care for the rest of the speech. The body of the speech usually consists of the detailed information that the speaker is trying to provide for the audience. This is the most informative and the largest part of the speech. Every effective public speaker knows how to capture the audience and keep its interest throughout the entire speech, regardless of its length. Because audiences attention span is not infinite every presentation should be limited to the most salient features the speaker is trying to convey. In the closing stages of every speech, the presenter has to effectively and clearly summarize the whole speech in a few sentences, with specific emphasis on the most significant details. I found that my most successful speeches were the ones that I concluded immediately following the most important and interesting part. Therefore, every time I present, I try to end the speech once I feel that the audiences interest has peaked. Not only the content of the speech is extremely important, but also the way it is presented. Creating stereotypes is a part of the human nature. Audiences impression of the speaker is directly dependent on his or her ability to articulate, project and animate when presenting. Based on the tempo, dynamics, and tone of someones voice, the audience can easily open up to the presenters message or completely reject and ignore it. A speech presentation that is too fast and jumpy might come across as being unrehearsed and irrelevant. Also, monotonous voice may decrease the audiences interest and prevent the message from being effectively conveyed. Clear articulation is essential in every public speaking setting. Depending on the speech context and timing, articulation and tone dynamics have to be modified. For example, if a speech is being presented at the end of a long conference, the speaker must take into account the audiences attention span and decreased receptiveness. Therefore, the presenter has to be even more articulate and dynamic in his or her presentation. Moreover, the speakers tone and dynamics have to reflect his or her passion and enthusiasm for a given subject to have a successful presentation. Other than verbal, there are many ways through which the speaker can communicate with the audience. Every speech has to be reinforced by nonverbal variables. Gesticulation, body language, and mimics are very important public speech elements. University of San Francisco in Organizational Communication OB321 course outlines eight ways through which information can be shared with the audience. They include ambulation, touch, eye caontact, posture, tics, sub vocals, distancing, gesturing, and vocalism. All of these elements help the speaker succeed, since they are sending subconscious messages reinforcing and emphasizing key points to the audience. Regarding gesturing, Laurie Schloff writes, â€Å"The best thing hands can do is to convey naturally, without much orchestration, the conviction and enthusiasm of your message. To discover exactly what your hands should be doing in front of an audience, take a look at how you use them when you think no one is watching in one-to-one conversation, at dinner, or on the telephone.†(20) Every speaker has to be aware of body language at all points of the presentation. Gesturing can reveal nervousness, anxiety, stage fright, deception, and lying. However, if used correctly, it can convey the speakers enthusiasm, preparedness, honesty, and topic knowledge. Just like sharing appropriate information, the speaker has to take into consideration appropriate wardrobe selection. For example, for a formal dinner speech, casual jeans would not be appropriate. On the contrary, an every-day meeting does not require a tuxedo and bow tie. In addition to the speakers verbal and non-verbal variables, use of visual supplements enhances the quality of every speech. Depending on the kind of presentation, different visual modalities, such as charts, graphs, videos, handouts, and sample items, may be used. If the presentation room is equipped with a computer and a projector, the speaker may easily use software, such as PowerPoint to display presentation slides, or show a video. However, if the technology is not available, the speaker must find other ways to present supplemental visual information. Handouts, booklets, and sample items would be good choices in such situations. Regardless of available resources, visual supplements allow the speaker to present information that could be otherwise difficult to put into words. Therefore, graphs, charts, and other techniques should be employed as often as possible, without overwhelming the audience. Successful speech presentation should incorporate all of the preparatory, structural, verbal, and non-verbal elements. Mark Twain said, â€Å"It usually takes more than three weeks to prepare a good impromptu speech.† This quotation reflects the importance of proper speech preparation. Often the more time one spends preparing for a speech, the more flawless and natural it seems to the audience. Works Cited Emerson, Ralph Waldo. ThinkExist Web. 19 Mar. 2010 Schloff, Laurie, Speaking For Success:Best Practices In Presenting.The Speech improvement Company, 2007. Print. Twain, Mark Verbal and Nonverbal Communication. Organizational Communication OB 321. Supplemental Materials. University of San Francisco, Web. 19 Mar. 2010