Friday, February 22, 2019

LGBT and the country of Belize

A person being funny in his let country is not a choice. We dont choose to be gay. I sure didnt choose to be, not to say that it is a bad thing. If it were a choice to be gay, I could choose to be straight the day after or bisexual a parallel months after that. The whole concept of being lesbian, gay bisexual or transgender should not scare any whizz. Its because good deal dont understand that the idiosyncratic is the same person he or she knows and loves. Just because their sexual pick is different does not mean that you should abhor them or avoid them.That agreeable of stuff actually hurts a person mentally, speaking from experience. United Belize protagonism Movement (UNIBAM) is a movement fighting for equality in Belize. The police force force does not protect sexual orientation or gender identity. The whitlow code states that carnal intercourse with any person against the order of nature shall receive a punishment of 10 years imprisonment. In practice the honor was i nterpreted as including only sex between men. The extent of favouritism based on sexual orientation was difficult to ascertain referable to lack of reporting instances of discrimination through official channels.UNIBAM the countrys sole lesbian, gay, bisexual, and transgender protagonism organization, reported that act harassment and insults by the general public and police affected its activities, but its members were reluctant to file complaints. There were no gay pride marches organized during the year due to UNIBAM membership concerns oer the publics possible adverse reaction. In December 2011, Barack Obama criticized nations that persecute homosexuals. In response, Hon. dean Barrow, prime minister of Belize, reiterated, Belize would not change its anti-homosexuality stance. He argued that the issue is one for Belize to deal with and if the U. S. wanted to punish states by removing foreign aid for continuing such practice, then they depart have to cut off their aid. When wil l it actually be dealt with? It is not fair that we get to suffer worsened than those who are, as they say, normal. I only have my friends and my family to keep me in his right mind(predicate) in this country. I had to grow up being ridiculed for having feminine features.Others bullied LGBT persons in high school hate crimes being committed against the LGBT community. It is all so sad. Some of them say that Belize is not that bad, when in reality they are mediocre in denial. Belize has too much ignorant close-minded assholes to even excavate what its like. I thank God for my friends and family everyday for being so accepting and loving me for who I am. Its not that I hate my country Belize its just that I hate some of the mickle that make up the countrys population. Being gay in this country is nothing nice at all.We have to live in fear if we do something wrong that society doesnt like so we dont get shot in the head or beaten to death. All I want for my country is for everyone to live peacefully and not to discriminate anyone for loving who they want. For me it doesnt matter who you are or where you come from or how much money you have in your pocket. When people talk about you to your face or behind your back, and when you feel bullied female genital organ you be brave enough to not give a screw about what they say and just be yourself? A very excite woman said that and I live by it everyday.

Othello has been called a ‘domestic tragedy’

A domesticated disaster takes place in a personal setting. In Othello, the men are in Cyprus to fight a warfare. However, the tragedy is the stock-stillts within the relationships of the commutation characters. There is itty-bitty discussion of the war and, although Desdemona blames state matters for Othellos change in behaviour, the real problems Othello faces are matters of the heart. The women in the play gather in no procedure in the war, exclusively still their presence contri onlyes to the d avowf all in all of both Othello and Iago, creating repercussions for the state.The historical context of the play is principal(prenominal) when considering the fe anthropoid characters contained in it. The play was offset performed in 1604 at the start of the reign of King James I. It is mostly thought that wives were expected to be obedient to their husbands at this time, and play the first never bold, as Desdemona is described by her father in do work One, scene threesome. However, the time of the plays first performance was shortly afterwards the reign of Queen Elizabeth I. Elizabeth never married and is known to brook been of unafraid character. It is therefore likely that a fast-willed female character would have been accepted by an auditory modality of this time.A feature of the play that should be considered is the misogyny placen by the male characters. In the first scene of the play, the lecture used by Iago to describe the sexual acts of Desdemona and Othello is coarse,an old black random access memoryIs tupping your white ewe.The sexuality of women is jimmyd little by the men in the play, except for Othello who seems to oer-romanticise it. Iago is coarse and rude. Cassio is seen as a ladies man, but uses women for sex. Roderigo bear witnesss real little knowledge of Desdemona but beds her for her beauty. Othello is similar to this, he idealises Desdemona, video displaying little understand of her as a person. As Leavis says, Oth ello has a preoccupation with his emotions rather than with Desdemona in her own right. The three men, Othello, Iago and Cassio, all have a typically male profession, that of a soldier. They are all, including Othello (despite his romanticism), actually masculine characters. Othellos lack of understanding and hardship to attempt to understand, the complexity of women contributes greatly to his downfall.The character of Desdemona is a complex one. She has strong beliefs and conveys complete devotion to Othello. Her main belief is in true shaft, and her views on this never falter. She will do anything to maintain her love with Othello. Her first port in the play shows bravery, a true love of Othello and complete consider in him. It is here she first expresses her views on love.to his honours and valiant splitDid I my soul and fortunes consecrate.Desdemona believes that to love someone is to give oneself to them completely. She has a very idealistic view on love and this is show n again in spell Four, scene three when she is discussing perfidious women with genus genus Emilia.Dost thou in conscience rally tell me, Emilia That there be women do abuse their husbandsIn such gross kind?It is her innocent and nave views that show what Desdemona represents in the play. In The Othello Music, Knight says In Othello, pure love is the supreme effective. Desdemonas main belief is in pure love. This leads to the conclusion that Desdemona represents goodness and excellence within the play, as when she is dead, Knight says pure love lies slain.A nonher value Desdemona possesses is compassion. When Cassio stick outs his status as Othellos Lieutenant, it is Desdemona that he goes to for help, under the instruction of Iago. Even though Iago is doing this to benefit himself, what he says to Cassio of Desdemona is entirely true.She is of so free, so kind, so apt, so blessed a disposition, that she holds it a vice in her goodness non to do much than she is requested.A s Knight states in The Othello Music, Desdemona is typically womanly in her attempt to help Cassio, and her pity for him. Othello also tells the Senate in Act One, scene three that he loved Desdemona that she did pity him for the dangers he had passed. It is womanhood that Desdemona also represents in the play. She is loved and admired for her girlish innocence and womanly compassion.Emilia represents a more down-to-earth, coarse moxie woman. Her personality, like Desdemonas is fair(prenominal) in many ways. For example, she is highly protective over Desdemona, acting as a mother figure to her. The femininity she represents is more mature than Desdemonas. As she is older than Desdemona, and has been married to Iago for a longer time than Desdemona to Othello, she is uttermost more knowledgeable about(predicate) love and life. She is also more cynical and far less romantic in her views. In her conversation with Desdemona about perfidious women, she openly admits that she would be unfaithful to her husband if the whole world were her reward.Lianne Evanswho would not make her husband a cuckold, to make him a monarch?Emilia knows that love and men are not as ideal as Desdemona believes them to be. When Othellos behaviour towards Desdemona changes, Emilia, unlike Desdemona realises that something is wrong with the relationship and that Desdemona should not let Othello airiness her in such a way.I would you had never seen him.She stands for strength and common sense, and her views about marriage show this clearly.Let husbands knowTheir wives have sense like them.Bianca represents a preferably impure love within Othello. She shows that she loves Cassio, but her lifestyle as a prostitute also shows this as quite corrupt. She represents the opposite of the innocent and nave Desdemona. She is a woman with no certificate of indebtedness to anyone but herself in the play. She has a relationship with Cassio but her reputation does not allow this to be taken seriou sly by anyone, including Cassio himself. She represents a love with few morals. Desdemona believes in completely faithful, perfect love, Emilia believes that being unfaithful is acceptable for a large price and Bianca, although she seems to care greatly about Cassio, has still made her living as a prostitute. She may show strong character in some areas, for example, when Emilia insults her, she comes back with,I am no strumpet, but of life as honestAs you that thus abuse me.This shows that she is prepared to stand up for herself and her lifestyle, implying that she believes it is right.It is principal(prenominal) when playing Desdemona to a modern audience to portray the strength of her beliefs. Bradley has described Desdemona as helplessly unresisting and I believe that this view of Desdemona should be avoided. To attain level best impact with a modern audience, it is important not to show Desdemona as a helpless victim of abuse, or too incorrect to do anything about her unha ppy relationship. For Desdemona to be admired and sympathised with, it would be needed to show her stronger qualities. The reason she allows Othello to treat her with such disrespect is not because she is passive or helpless.She has already shown courage when she first appeared in the play, betraying her father for her love of Othello, and speaking out in front of the Senate. Her dogmatic temperament, belief in pure love and obedience to Othello are the qualities that would achieve a supreme impact with a modern audience. However, it would also be important to show her youth and innocence, being careful not to confuse this with stupidity. She always knows what she is doing, even though it is sometimes misconceived. When standing up for Cassio to Othello, it would be important to show her feminine charms and kind intentions. This would make it believable for Othello to suspect her of adultery, as her nature is so friendly.Emilia appears to be the most modern character of the thre e women in Othello. Her views on marriage would be much appreciated by a modern audience and her cynicism and wit would be found amusing. more modern women could easily relate to Emilia. Portraying her mature, worldly personality would be very effective with a modern audience. It would also be important to show her loyalty, especially to Iago. It is clear that Emilia loves Iago as she stands by him passim the play, until she discovers the real truth about him. According to Bradley, Emilia remains absolutely true to herself, but this is not true. Iago has a great influence over Emilias actions, and because of Iago, Emilia compromises her own judgement.In stealing Desdemonas handkerchief she is doing something that she knows is wrong, but she does it all the same, just to gain the love of her husband. Showing his power over her would constrain sympathy for her. Her belief in her husbands honest nature, along with everyone elses, is part of the tragedy of Othello. At the end of the play however, Emilias common sense returns and her most important scene would need to be performed effectively to create upper limit impact. To do this it would be necessary to show Emilias anger, frustration, hurt and disgust. The character of Emilia is very likeable with a modern audience, and it would be important not to lose any of her strong, amusing and loyal qualities.Performing Bianca would be a baffling task. Her character has little substance and it would be easy to lose her in a performance. Within the play she is mainly ridiculed and insulted. A modern audience could show admiration for her when she approaches Cassio about the handkerchief he gave her. As an actress, it would be important to show Biancas strength here, and her belief in herself. Bianca could also be sympathised with as her love for Cassio is unrequited and despite her attempts to woo him, he only ridicules her.In general, a modern audience can sympathise with all the women in the play. All, despite the ir strengths, suffer at the hands of the men in their lives. Desdemonas unfaltering belief in pure love only results in Othellos killing her. Emilias loyalty and strength leads her to being murdered, also by her own husband. Biancas love for Cassio only brings her ridicule. In a modern society this supports the shank feminist view that no relationship with a man is adept to a woman. Each woman displays different feminine qualities. Desdemonas approach is obedience, Emilias is loyalty and Biancas, persistence, but none of these bring them any rewards.The women in Othello are so often misunderstood. The majority of criticism on the play is written by males and there is very little comment on the female characters at all. This has led to difficulty in performing these characters to create aLianne Evansmaximum impact with a modern audience. However, their roles are clear. They all show the disconfirming qualities in the male characters, but at the same time have an effect on their li ves. The play is a domestic tragedy but the effects of the domestic lives of the characters are shown in all aspects of their lives. The misunderstanding of Desdemona, Emilia and Bianca, within the play and in audiences has led to misinterpretations of their characters. To create a maximum impact with a modern audience, the female characters need to be wedded their own personality, and the effects they have need to be shown. Without the women going to war with their husbands, the tragedy of Othello would be a very different one.

Thursday, February 21, 2019

Practicum Reflection Paper

Every fourth-year teacher trainees pull up stakes rich person to carry on practicum and will work under the guideline of their associate teachers and supervisors. The purpose of doing the practicum are to put training into practice, to become accustomed to teaching in the tertiary school settings, and to develop and expand each trainees teaching expertness and confidence. In the following paragraph, I will express what I ease up learnt from doing practicum to reflect on my past teaching strengths and weaknesses from the teaching practicum.Firstly, I would like to talk about the lesson planning and delivering. As we have already learnt from direction Methodology 402, lesson plan works as guideline and help us a lot as teacher trainees. It reminds us what to do, which data and techniques to utilize to facilitate some(prenominal) teaching and learning. As for the process of planning and delivering the lesson plan, I would dear to say that it is not an easy thing to do. For my case, the first succession I planned my lesson plan I spent about ten dollar bill hours to complete it.I had to think of the objectives of the lesson I would teach, collect materials to use, and select techniques which is suitable with the materials I chose and would help students to have reason to study. It is not enough yet I had in addition discussed with both my associate and supervisor lecturers and my peers for ideas and advice. Next, it is about the classroom management. monitor students and the class is needed during our teaching. We have to make sure that students are audience to our instruction, when we are giving it to them. We pile ask one or dickens students to repeat or tell opposite students what they are supposed to do.It is recommended that we have to frequently spend our time walking around the class. In doing so, we can monitor the students effectively. Also, it is easy for students to ask question if there are any. juncture projection also plays very impo rtant in linguistic process teaching. It is particular that louder speech can make our teaching much interesting. But if we treat excessively soft, the students will get bored because sometimes they cannot hear us properly. One of teacher trainees I have observed got only do just around the border line score. The reason is that her voice is too soft.Last but not least, pronunciation, it is very important for us as the spoken language teacher especially when teaching vocabulary and we have to pronounce speech correctly. I could see that almost all associate teachers and supervisors always digest on and tell every teacher trainee before and after he or she teaches. I myself have been given comments related to this problem from both my associate teacher and supervisor during my teaching. Actually, I am also informed of this issue and it is clear I could not get full grudge for this from my lectures. However, I will to improve my pronunciation so I will be better my teaching in the future.In conclusion, I have gained more knowledge and experiences from doing practicum not just from associate and supervisor lecturers and my peers, but also from the students I have taught. Most people think that teaching the language is not very difficult. They just come to class and explain the students establish on the course book. However, it is not the right thought to my understanding and annotation so far. To achieve good result of teaching, we have to consider come of thing carefully such as lesson planning and delivering, classroom management, methodology, and other important aspects in teaching.

Company Law

BT20403/ union faithfulness Business Entities Comp both(prenominal) constabulary of nature Topics covered Types of confederacy Formation of a guild Promoters Pre- subjectiveisation begin entry and Articles of Association Inconsistency between the object and the clubs activities Upon incorporation follow is an artificial sanctioned person Separate intelligent entity Lifting the bodily entomb scs&ismk/ lodge natural honor CONT. 2 The Effect of Incorporation Memorandum of Association & Articles of Directors duties and liabilities association Common practice of equity & statutory answer Limited Liability Winding up Doctrine of Ultra Vires Pre-Incorporation vexDirectors duties and liabilities scs&ismk/ companionship law 3 In Malaysia, the law relating to companies are governed by the Companies act 1965 (CA 1965). scs&ismk/ follow law 4 The word beau monde or corporation is decided under s. 4(1) CA Besides the CA 1965, new(prenominal)(a) relevant legislation s are the Capital Markets Act 2007, the Securities bang Act 1993 and the Companies Commission of Malaysia Act 2001. come with means a order incorporated pursuant(predicate) to this Act or pursuant to any corresponding previous code Although high society law in Malaysia is establish mainly on CA 1965, there are key areas of union law hich are based on judicial precedents. corporation means any body corporate stocked or incorporated or being within Malaysia or outside Malaysia. A play along or corporation is a legal association of people who combine to finance a business. scs&ismk/ conjunction law 5 scs&ismk/ corporation law 6 1 BT20403/Company Law A gild with share capital is a private union if its M&A provides s. 15(1) S. 14(2) S. 14(2) CA 1965 provides the classification of companies restricts the right to transfer shares Limits the yield of ingredients to non more than 50 Prohibits any invitation to man to subscribe any of Type of companies he ships companys sh ares or unguaranteed bonds Prohibits any invitation to public to deposit money Limited by shares Limited by nonplus in charge with the company Unlimited financial obligation A public company is a company other than a private company refer s. 4(1) for ex dapple Limited by both shares and guarantee scs&ismk/company law cont 7 Obtain approval for the proposed name Lodge certain documents with SSM (Suruhanjaya Syarikat Malaysia/ Companies Commission Malaysia (CCM) ) including Defines the inborn companys structure Memorandum and Articles of Association Statutory contract bridge by promoters and theater conductorsParticulars of directors and registered office Declaration of compliance Statement of the bothotment of shares of the address of the company Companys equity Companys indebtedness Object of the company scs&ismk/company law 9 10 severally company must drive its object. Alteration of the general provisions of the Memorandum of Association to the extent and manner p rovided by the CA s. 21. The objects are tell in the Memorandum of Association. The company may, by especial(a) resolution, exchange the muniment by altering or by deleting, the provision, unless the scroll itself prohibits the alteration or deletion of that rovision s. 21A. scs&ismk/company law components 8 3rd party who deals with the company may refer to the companys M&A which is deposited with CCM. establish the registration fees scs&ismk/company law scs&ismk/company law The purpose To define and limit the activities of the company. If there is discrepancy between the object and its activities, indeed such transaction is ultra vires and void. 11 scs&ismk/company law 12 2 BT20403/Company Law By virtue of s. 28(1) CA, the company may alter the provision of its memorandum with respect to the objects of the company. If companys activities inconsistent with the object, rival to Ashbury Railway Carriage & Iron Ltd v Riche (1875) Common law position such ultra activities are ultra vires hence void and unenforceable. It solelytocksnot be ratified. Alteration can but be done by special resolution at the General Meeting. Statutory provision s. 20 Companies Act 1965 such transactions are valid. scs&ismk/company law 13 scs&ismk/company law 14 Alteration of the general provisions of the Articles of Association by special resolution s. 31 CA A sterilize of regulations for internal necessitate sexment of the company. Option The company may adopts Table A, Fourth enrolment of the CA 1965 (s. 30) excludes Table A, Fourth Schedule of the CA 1965 creates its own AA, except does not exclude the application of Table A, Fourth Schedule of the CA 1965, thus Table A volition be applicable in the event of any lacunae. scs&ismk/company law 15 scs&ismk/company law It is a weding contract between the company and its constituents Hickman v Kent Sheep Breeders Assoc (1876) Eley v Positive Government Security Life Assurance Co (1875) forrader a company can be formed, there must be some persons who have an intention to form a company and who fruit the necessary steps to carry that intention into operation. (Setting up the company)It is also a contract between individual members in their capacity as members. Wong Kim Fatt v Leong & Co Sdn Bhd (1976) Rayfield v Hands (1958) 16 Per Cockburn, C. J in Twycross v Grant (1877), a promoter is described as one who undertakes to form a company with reference to a given project and to set it going, and who takes the necessary steps to accomplish that purpose. scs&ismk/company law 17 scs&ismk/company law 18 3 BT20403/Company Law Promoter owes fiducial duties towards the company Promoters owe fiduciary duties towards the company, not to the individual members of the company. To act in advanced faith To ensure that there is no conflict of fire If the promoter is in breach of his fiduciary duties, it is the company who may take legal action against the promoter. Refer to cases Erlanger v na ked as a jaybird Sombrero Phosphate Co (1878) Gluckstein v Barnes (1900) scs&ismk/company law 19 scs&ismk/company law 20 Failure to disclose, company has options A promoter has to disclose any transaction entered, either by, Company may rescind the contract (Erlanger v disclosing in M&A by communicating to an independent Board of New Sombrero Phosphate), and Directors By communicating to the existing and intended embers of the company. in certain part, company may be able to claim the secret service obtained by the promoter (Gluckstein v Barnes), Company may file suit for change for the breach of fiduciary duties (Re leeds & Hanley Theater), scs&ismk/company law 21 If the company elects to back the contract, company may have a cause of action against promoters for 22 At cadences, promoters pass on have to enter a contract with a third party though the company has yet to be registered. We have to analyse above situation from both position i. e. Common Law and Statutory deceit, fraud negligent misrepresentation cs&ismk/company law scs&ismk/company law 23 scs&ismk/company law 24 4 BT20403/Company Law Pre-incorporation contract is a contract entered by any person on behalf of a company prior to its incorporation one time such contract is ratified by the company then it will be of retrospective effect, s. 35(1). Common law Failure to ratify will render the person who enters the contract to be in-personly bound by the contract, unless there is an express agreement to the contrary, s. 35(2). Company is not bound by a pre-incorporation contract as the principles of agency cannot be invoked (Kelner v Baxter, Newborne vSensolid, Phonogram, Rover Industrial etc). Statute If company ratifies the pre-incorporation contract, the company will be bound by and entitled to the benefit of the contract as if it had been in existence at the date of the contract, s. 35 CA 1965 (Cosmic Insurance potentiometer Ltd v Khoo Chiang Poh (1981) scs&ismk/company law Co mmon Law the pre-incorporation contract is unenforceable on the grounds that the company is not in existence yet, thus law of agency is inapplicable. the company cannot ratify such transaction as there is no principal-agent relationship involves. 25 Statutory 26 Company XYZ was set up on 1 March 2011Ms Kyra (promoter), on behalf of Co. XYZ, entered a transaction with first principle on 15 Feb 2011 Co XYZs first meeting was on 10 March 2011, whereby Ms Kyra bring out the pre-incorporation contract to Co. XYZ. s. 35(1) of CA 1965 allows the company to ratify such transaction, it will bind the company with retrospective effect Cosmic Insurance Corporation Ltd v Khoo Chiang Poh If XYZ has agreed to ratify the contract, thus XYZ is bound by the transaction with ABC with retrospective effect from the date of transaction (i. e. 15 Feb 2011). If XYZ refuses to affirm, promoter will be personally liable, s. 35(2). (1981) Newborne v Sensolid GB) Ltd (1945), Kelner v Baxter, Phonogram, Rove r Industrial etc). scs&ismk/company law scs&ismk/company law 27 scs&ismk/company law 28 Upon incorporation, a company is considered as an artificial legal person, i. e a person created by statute. S. 16(5) CA 1965 provides that on and from the date of incorporation specify in the certificate of incorporation but subject to the Act the subscribers to the memorandum together with such other persons as may from time to time become members of the company shall be a body corporate by the name contained in the memorandum capable forthwith of exercising all the functions of an ncorporated company and suing and being sued and having perpetual succession and a common mould with a federal agency to hold land but with such liability on the part of the members to S. 16(5) As a body corporate, 1. a companys obligations and liabilities are its own, and not those of its participants 2. a company can sue and be sued in its own name 3. a company has perpetual succession 4. a companys attribute i s not the property of its participants 5. a company can contract with its controlling participants play to the assets of the company in the event of its being wound up as is provided by this Act. cs&ismk/company law 29 scs&ismk/company law 30 5 BT20403/Company Law a. k. a corporate overwhelm The company is a legal person sieve from its participants. The law treats a company as being a separate person from its members and those who manage its operation. In the event of winding up, members are liable up to their owing(predicate) shares only. They are not liable to contribute if they have had paid up their shares. This means that Case Salomon v Salomon & Co Significance of the case its obligations and property are its own and not Separate legal entity between members and those of its participants and company. its existence continues unchanged even if the identity of the participants changes scs&ismk/company law cash, debenture Pty Ltd company 20,001 shares Family 32 Facts The co mpany was put into liquidation The assets were realised to make up off the secured creditors Salomon was the debenture holder for Salomon & Co, hence was given priority The unsecured creditors were left empty handed Liquidator sued Salomon shoe business Salomon scs&ismk/company law 31 6 shares scs&ismk/company law 34 Lee v Lees Air Farming (1961) AC 12 hook of Appeal Salomon was liable to indemnify the company against the losses.Abdul Aziz bin Atan & 87 others v Ladang Rengo Malay Estate Sdn. Bhd. 1985 2 MLJ 165 House of Lords Reversing the Court of Appeals decision. Salomon and the company were separate persons. scs&ismk/company law scs&ismk/company law 33 35 scs&ismk/company law 36 6 BT20403/Company Law In the Application for Re Yee Yut Ee (1978) 2 MLJ 142 In a company limited by shares, a members liability to contribute to meet the debts of the company is limited to the criterion (if any) remaining unpaid on their shares s. 18(1)(d). The High court held that a director i s not liable for the companys debts.Allows investors to quarantine the risk of a particular venture from their other assets. In practice, creditors may negotiate personal guarantees from ascendances. scs&ismk/company law 38 Once a person has sell or given his property to the company he no weeklong has any right over it. The property belongs to the company, and the member no bimestrial has any right or interest. S. 19 mentions that a company has the power to hold land. This can be taken to mean that a company can own other types of property too. The property of a company is its own, and not that of its members. Macaura v Northern Assurance Co.Ltd. (1925)AC619 . Even if a member holds almost all the shares of a company, he does not have any proprietary interest in the companys property. scs&ismk/company law scs&ismk/company law 37 39 scs&ismk/company law 40 The corporate veil will be lifted in these situations derived from Common law Statutory There are certain circumstances wher eby the Court are asked to lift the corporate veil and ignore the separate legal entity of the company If the court lift up the corporate veil thus it will be able to discover the identity of the participants of the company and impose liability upon them.Thus, the separation between the company and its participants (members and officers) does not exist anymore. scs&ismk/company law 41 scs&ismk/company law 42 7 BT20403/Company Law Common Law In the event of relief valve of contractual obligations Gilford Motor Co v Horne -Jones v Lipman Sham purposes Re FG Films Fraudulent Re Darby The company is an agent or partner of the controller Taxation and nationality rules Daimler Co Ltd v Continental Tyre & Rubber scs&ismk/company law common law(cont) Public interests (when it is just and equittable) Aspatra Sdn Bhd & 21 Ors v rim Bumiputera MalaysiaBhd & Anor . statutory (cont) common law (cont) holding subsidiary s. 5(1) Holding auxiliary S. 169 financial Companies statement Tiu S hiu Kian v Red Where the company is in go Restaurant Sdn the relationship of holding Bhd and subsidiary, SLE is Hotel Jaya Puri Bhd v inapplicable as the Act National Union of requires a consolidated Hotel, Bar and profit and loss account for Restaurant Workers holding and subsidiary company, s. 169 Statutory S. 36- member less than 2 S. 121(1) &(2) misdescription (unless company is willing to ratify) providing share assistance to purchase own shares, . 67(5) Taxation purposes S. 140 Income Tax Act 1967 Payment of dividend from other sources, not from profit S. 365(2) DHN Food Distributors Ltd v Tower Hamlets London Borough Council statutory (cont) issuance of prospectus which is pending approval s. 44(2) s. 48(4) incapable of paying the companys debt S. 303(3) no reasonable or probable expectation two-faced trading s. 304(1) scs&ismk/company law scs&ismk/company law 43 44 Definition S. 4(1) A director is a person occupying the position of director by whatever name cal led. Includes a shadow director not an official irector, but someone whose directions board accustomed to act in accordance with. A director must be a natural person and of upright age s122 (2). The general powers of management rest with the board of directors Article 73 Table A. 45 scs&ismk/company law 46 Disqualification of Directors S. 11 CA makes it a criminal offence for an undischarged bankrupt to act as a director or shadow director without judicial consent. . Company Secretary Every company must have a company secretary. The secretary may be a director of the company, unless there is only one director, in which case the ecretary must be the second individual. scs&ismk/company law 47 scs&ismk/company law 48 48 8 BT20403/Company Law Common Law Fiduciary duties Bona fide To act diligently To ensure that there is no conflict of interest Duty of palm and skills Expectation of a reasonable man Delegation of authority retirement Statutory To disclose any interest s. 13 1 To act in good faith s. 132 Misuse of the companys confidentiality- insider trading- s. 132A & s. 132B Unauthorised transactions that superpower jeopardise the company s. 132C Interest in another company- s. 134 Secret profit- s. cxxxv scs&ismk/company law As agreed Resignation Tender scar as prescribed by the Articles of Association Dismissal/Removal Without postponement for expiry of the term- could lead to another legal suit taken by the director against the company 49 scs&ismk/company law 50 registrars power under s. 308 Defunct companies In approving the scheme of arrangement, the court may order immediately for dissolution of a company s. 178. Voluntary winding up s. 254 The members of the company may pass a resolution to wind up or through winding up by creditors Courts Order s. 217 The grounds as qualify in s. 218(1) scs/company law 51 9

Wednesday, February 20, 2019

The Street Lawyer

RUNNING HEAD THE STREET LAWYER The Street lawyer Social Work 3040-01I Apr. 30, 2008 SUMMARY hind end Grishams The Street attorney tells the story of Michael Brock a married wealthy attorney who has it all. Michael, a refine of Yale University, plant life at Drake & Sweeny, one of the top and well respected firms in upper-case letter D. C. While there he is making the money and locomote relentlessly to the top of Drake & Sweeny. He is barely one step apart from an early partnership. Until one rainy winter afternoon at Drake & Sweeny.An godforsaken unsettled man who only wants to be called Mister holds Michael and eight other lawyers warranter in an rack upice at Drake & Sweeny. Mister demands the valuate records be brought to him. afterward the tax records arrive he orders Michael to tell him what each lawyer including Michael has made in earnings for the year and how much of their money is donated to charities and the homeless. After several hours the hostage stand of f is over leaving one man unused and another reborn. Mister is shot in the head by a sniper legal philosophyman as he opens the office door to receive the soup he wants delivered from a local shelter. Misters blood and bodily fluids cover Michaels entire face since he is standing directly behind him. The police escort Michael to a small gym in the building where doctors run across him and he is able to shower. After his shower Michael returns home. The next morning he returns to work at Drake & Sweeny. After culture an article in the piazza he learns more nigh Mister whose real name is DeVon Hardy.After pay a visit to Mordecia Green the director of the 14th Street ratified Clinic, where Mister was a node, Michael begins to rethink his c atomic number 18er as an anti-trust lawyer for Drake & Sweeny and his life as well. Leaving Drake & Sweeny to become a street lawyer would have dim affect on his home life and marriage as well. After telling his wife he will take a cliente le with less money and no benefits the couple separate and eventually data file for divorce. Michael moves to a smaller apartment on the rough posture of Washington D. C. nd begins working at the 14th Street Legal uprightness Clinic with Mordeci Green. While working there Michael is harboring a dark secret a confidential file. A confidential file from the law offices of Drake & Sweeny which contains information just about the illegal eviction of Mister and the other homeless people. Now Drake & Sweeny know their file is missing and want it returned immediately no matter what. until now if it federal agency Michael losing his license to practice law. His former partners have become his enemies and Michael is now the about dangerous man on the streets of Washington D.C. EXAMINATION Populations-at risk argon the homeless in John Grishams The Street Lawyer and the milieu that which they live in are considered the social environment. Populations-at risk are specify as populatio ns or groups of people who share nigh identifiable characteristics that places them at greater risk of social and economic deprivation and oppression than the habitual primary(prenominal)stream of society. The social environment involves the conditions, circumstances, and human interactions that encompasses human bes.People are symbiotic upon effective interactions with their environment in order to survive and thrive. The social environment includes the actual somatogenic setting that society provides. This involves the type of home a mortal lives in, the type of work that is done, the amount of money available, and the laws and social rules by which people live. Mister and the other homeless who were illegal evicted from their makeshift apartments are to considered members of a social environment. In reference to the social environment the actual physical setting that society provided to the homeless were homeless shelters.But once the homeless shelters do not begin to take n in borders because they are over crowded the homeless are forced into the streets in hopes of finding a safe and warm place to stay for the iniquity. Sleeping on place benches and makeshift warehouses are the only means of shelter available to them. take down if they are working at a business organisation the employs are usually not enough to provide adequate shelter. Society tends to consignd the homeless for their choice of life and for being homeless. But at clock it not the fault of the homeless entirely the fault of the government.For example a working middle class family loses their home to foreclosure because of lay-offs and calculate cuts at their jobs. With being laid off both lose their pension and benefits that came along with their jobs. Even if both parents would find another job paying minimum wage it would not be enough to pay the $1000. 00 periodic mortgage and other expenses. Therefore, those individuals cannot be held at fault for becoming homeless the fault lies with the compute cuts made by the federal government to their jobs. At other multiplication the fault lies with the individual themselves for becoming homeless.For example a woman works as a nurse in a hospital becomes habituated to prescription drugs and is later fired from her job because of stealing the prescription drugs to which is prone to. Since the prescription drugs are no longer available to her she becomes habituated to check up on/cocaine because it is accessible to her. She files for unemployment until she can find another job but her unemployment checks are going to support her habit instead of paying her monthly rent. She is evicted and thrown into the streets where and begins prostitution to support her habit.Receiving a fix has become her main priority in life. In that particular situation the individual is the blame for their choice to become homeless. ELUDICATION John Grishams characters Michael Brock and Mordecia Green worked not only as attorney s for the homeless but also as social workers too. throughout The Street Lawyer Michael and Mordecia counseled each individual to gain a intimacy of what their lives were before they became homeless and why they have become homeless. Most lawyers would not take the time find out if whether or not their client had a place to ease or food to eat the night before.Many lawyers would not offer their services free of charge. Michael and Mordecia worked as lawyers as well as social workers. Each day Michael and Mordecia traveled to a local homeless shelter to interview potential clients and help them with some(prenominal) they needed. Most of their clients were generally homeless people or individuals who were laid off from their job recently. The two helped these individuals fill out government forms, obtain job applications, and sometimes a rehab center for those who were addicted to drugs and alcohol.At times some clients could not be helped but Michael and Mordecia provided their co unseling service as a means of help. Some individuals only needed some to talk to about what was going on in their life at that time. He wants his readers to underwrite the similarities between social workers and attorneys. His examples with Michael and Mordecia with their clients express key elements in the career of a social worker. EVALUATION/CONCLUSION The Street Lawyer by John Grisham conveys its readers to the unknown realism of homelessness and the cause.He wants his readers to see the cruel dark side of humanity and how society views homelessness. By having the story take place in Washington D. C. , the capitol of the United States, a place where many would not cogitate crack houses are a block away from the White House. homeless person women, men, and children are forced to seek shelter anywhere when all the shelters in the city are full. These same people are usually victims of layoffs and budget cuts by Congress. Grisham wants his readers to see the reality of homeless ness and that it can happen to anyone.virtuosos whole perspective on their life can change in an instance because of one individual or many. He gives thorough examples throughout his book about the day and life of a homeless person and their family. The struggles they face day to day not knowing if he or she will have something to eat or a place to sleep by night fall. He contributes to the study of social work by having his main characters act as counselors to the homeless, employment agencies and location of rehabs for those who are addicted to drugs and alcohol.The Street Lawyer is a development tool in the world of social work for those who want to gain a better mind of what a social worker does on a daily bases. One who enjoys helping others and making a difference in someone elses life will definitely enjoy reading this book. After reading this book I now have a better rationality of homelessness and I will eventually use this book as learning tool while furthering my educa tion in the study of social work.

International Bonds: Credit Ratings

Why do most International binds have risque Moody or Standard & Poors realization paygrades? Credit Rating Is a social Intermediary service to provide credit knowledge and credit for the community. Credit rating Is alma to show the size of a credit oversight risk the rating object, rating agencies focus on financial conditions and historical data to give the overall valuation of object. Currently, credit rating on the hold out of international perplexs is the popular investment risk valuation method acting in the international capital market.Specifically, this is assessed on debt servicing capacity of the foreshorten bonds in a period, its fundamental purpose is to protect the interests of investors. At present, on that plosive speech sound are about 20 credit rating agencies on the issue of international bonds over the world, Moody, Standard & Poors are the top 2 cornerstone all over the world. Though they are private institution, but the rating scale and guidelines gr adually become recognized as Internationally current samples with considerable authority. Credit rating Is the traffic permit for bond issuer to enter theInternational bond markets. International bonds with high credit rating mastered the global Information dominance and capital allocation rights. The rating will directly be active the level of costs and interest governs of oversea companies, it also bed affect the strength of a business or even the option and development of a country. Credit rating could provide objective and frank credit information in order to strengthen management, avoid risks, optimize investment, boost gross revenue and improve efficiency.High credit rating plunder ontogenesis the international business community awareness, improve competitiveness, to expand markets, increase sales and achieve rapid development of enterprises, expanding the scope of corporate finance at the same time, promoting financing success. High credit rating also can reduce fina ncing costs in international enterprises. Companies with high credit ratings can get more than credit policy In sparing exchanges, easily to expand the scale of financing, therefore reduce financing costs.Q. What should a borrower consider before issuing dual-currency bonds? What should an investor consider before investing in dual-currency bonds? Dual-currency nod is a bond that is issued in a currency and pays coupons in the currency as well. At due date, the capital is paid in another currency. The coupon rates for dual- currency bonds are usually high than other straight fixed-rate bonds. The amount of principal would set when the bond is issued found on currency appreciate.There are many motivations for Issuing the dual-currency bond, but the loading reason is due to the long-term foreign currency offered by imprecate are rarely more than a decade, it must be apply In order to avoid the foreign exchange risk. Exchange rate uncertainty would primarily considerate for both the borrower and Investor when dealing with dual-currency bonds. Currency version will Influence whether a borrower or issuer will gain or issue. As for the borrower, if the issued currency appreciates or principal, thus, the borrowers will benefit.However, if the issued and coupon currency discredit or principal currency appreciates, the borrower will suffer a loss from exchange rates. As for the investor are opposite to borrower. If the principal currency appreciates or issued currency depreciates, the principal repayment they chive will be more valuable than the issued currency repayment, thus, the investors will benefit. On the contrary, they will suffer a loss from exchange rates. Normally, coupon rate dual-currency bond is higher than the single-currency bonds.On the publishers point of view, the repayment in different currencies may get lower risk, therefore, the bond issuers were willing to pay a higher coupon rate in order to reduce exchange rate risk, and choose to pay the dual-currency bond. Q. treat the process of bringing a new international bonds issue to market. The main(prenominal) international bond issuance processes are as follows (1) The issuer will butt an investment banker and ask it to serve as lead manager of an underwriting syndicate.

Tuesday, February 19, 2019

Industry Life Cycle Essay

It is sooner natural that people concerned with environmental issues could worry about the thingamabob industry. As it operates 24 hours and required superior frequency deliveries, it inevitably involve in the strong criticism because high frequency delivery is say to cause traffic jams and increase exhaust gas pollution. Even the 24-hour proceeding mode is criticized by many quarters in light of environmental problems, and even social problems homogeneous the increase of crime. To deal with these problems, gismo stack away takes up with reducing the numbers of deliveries through their effort.It in any case invests on electricity-saving equipment to be installight-emitting diode at all of its chain gillyflowers to save the electricity of electric lights and in any case the electricity of air-conditioners simultaneously. Industry Life Cycle The nature of corporate strategy depart change as industries move along the life cycle. mental home word form In 1927, the Southlan d Ice Company is founded in Oak Cliff, Texas blockm stores introduced. At the same time, other types of stores were emerging such as midget stores and motorterias or mobile convenience stores. Sometimes supermarkets had small outlets in rural argonas for people.The pattern of the emerging convenience types of stores grew modestly until World state of war II (although they were not yet called convenience stores). The big factor in all of these operations was fast service. In this kind, industry performed a high worth, but profit is low due to investment funds in parvenue category. Growth Phase At the end of the World War II and the change magnitude ownership of elevator cars sparked the rapid growing of the industry in the 1950s. The automobile helped fuel the growth of suburban living. The industry grew rapidly along with this consumer unavoidableness for convenient shopping.Additional forces go on to drive convenience store growth. As grocery stores became larger and lar ger, they became less convenient for the guest who was in a hurry. thingamabob stores filled in. Also, the increase in the number of working women cut down the amount of time available for shopping. Convenience stores began offering gasoline in US when self-serve became popular. As the industry moves towards growth, competitors are attracted by its potential and bring down the market supermarkets, mom-and-pop grocery stores, specialty food shops, drug and variety stores, huckster fast food chains.Step into 1970s, convenience store operators had to cope with price and wage controls, gasoline and merchandise shortages, record inflation and interest rates, and increased competition due to longer hours and increased discounting by supermarkets. Maturity Phase As all the available customers are satisfied by the product, growth slows down and the market becomes mature. In the late 1980s, there was a continued reduction in the opening of radical stores and an increase in the investme nt required for a new store. Industry attention moved to repair operations, margins and cost control.Rapidly changing technology area is providing new challenges and opportunities for the industry. cost continued to go up with severe competition held back margins much regulations were imposed, and there was an increased cost of doing business. Store labor costs were increase due to increases in the minimum wage, more fringe benefits as wellhead as many other factors such as adding service items like gasoline. As the number of convenience stores increased, the average number of households served by an individualist store dropped.The higher level of saturation and increased competition led to fewer customers per store therefore, stores remodeled to attract more customers rather than building new stores. The convenience store industry continued in the maturity phase but the impact of increased competition, higher energy costs, new store expenses, and higher labor expenses reduced p rofits as a dower of sales. Those companies that seek out customer necessitate and align themselves to serve those needs impart be successful in the future. morphological drivers of change Structural drivers of change are forces likely to affect the structure of an industry, sector or market. It will be the combined effect of some of these separate factors that will be so important, rather than the factors separately. (Johnson & Scholes, 1999) 1. Issues of the laws effectiveness With the deregulating of many areas such as liquor license, medical supplies, travelling tickets, tours and so on, convenience stores should prepare its admission to deregulation fields.For instance, in expectation of deregulation in the sales of medical supplies, many convenience stores are preparing to entry to this field. It gives more opportunities for industry to attract more customers. 2. Offering new go Offering new service is also a weapon for convenience stores to face the competition. Industr y offers convenient services based on individually neighborhoods individual needs, including automated money orders, copiers, fax and unbidden teller machines, long-distance phone cards and lottery tickets, where available.Not only does this service contribute to the increase in sales figures, but it also attracts many customers resulting in incidental shopping as well. For example, 7-Eleven in lacquer sell rice and this contributes in particular to capturing the housewife bracket as a new customer type. This customer group had previously seldom shopped in the convenience store. Offering goods and services related closely to workaday life enables a store to expand the base of its customers.Penetration of diametric industry Competition becomes aggressive because the penetration of different industry. In the convenience retailing area, supermarket establishes their 24 hour store in some place. Convenience stores sell drug in order to attract more customer from drug store. Global players are getting into the game. Discount department stores are moving into grocery store categories. The convergence of retail competition will intensify competitive pressures and renew downward pressure on prices and margins.